Terms of Use of Pair Up (Paid Membership)
Unless defined otherwise, capitalised terms shall have the same meaning as set out in clause 18.
1. Pair Up
1.1 Acceptance of Terms of Use
The use of Pair Up is conditional upon your acceptance of these Terms of Use and our Privacy Policy. By tapping “Agree” to these Terms of Use in the pop-up box before registering, you will be deemed to have accepted these Terms of Use and our Privacy Policy by continuing to use Pair Up, regardless of whether or not you register as a member. We may change these Terms of Use and our Privacy Policy at any time. If we do, an amended version of these Terms of Use and Privacy Policy will be posted on Pair Up. You are responsible for ensuring that you regularly review these Terms of Use and Privacy Policy. If you are a member of Pair Up and the changes to these Terms of Use and Privacy Policy are material (as considered by the Company at our sole discretion), we will notify you of the changes. If you do not agree to these Terms of Use or our Privacy Policy you must not use Pair Up.
1.2 User agreement
These Terms of Use constitute the agreement between you and the Company in respect of your use of the Service and Pair Up (the "Agreement").
1.3 Contact
Pair Up is operated by the Company.
You can contact us through our email address at cs@2pairup.com.
To contact us regarding a privacy matter or enquiry regarding the collection and use of your personal data, please refer to our Privacy Policy.
2. Membership
2.1 Eligibility
To register as a member of the Service or to use Pair Up and the Service (as described in clause 3 and defined in clause 18 of these Terms of Use), you must be
(a) over 18 years of age; and
(b) a permanent resident of Hong Kong or a residency holder of any jurisdiction who generally resides in Hong Kong.
By using Pair Up, you represent, undertake and warrant that you have the right, authority and capacity to enter into this Agreement and to comply with all of these Terms of Use.
2.2 Formation of contract
By registering as a member, you enter into a contract with the Company in respect of the Service that may or may not be free of charge. You may upgrade the features of your membership. You will be required to select certain features and terms of your contract and choose a payment method. By tapping on the "Join Membership" button in the “Membership” page of Pair Up, you enter into a binding contract regarding the chosen upgrade option at the given price.
2.3 Membership
(a) You may become a member of the Service free of charge. Free membership i.e. Basic Member will only entitle you to participate in some of the features available as part of the Service. In order to access additional features, you must become a paying subscriber to the Service. Accordingly, your use of those additional features is conditional upon the payment of the relevant fees.
(b) You acknowledge that currently the Company does not undertake background checks, verify information provided or conduct criminal screenings of its users. We reserve the right to conduct investigations and background checks on all members, to confirm you are not in breach of any warranty and to determine whether any representation is false. You consent to allowing the Company to conduct such verification and/or investigation if the Company deems necessary at our sole discretion and whenever we see fit. The Company reserves the right to refuse, suspend and/or terminate your membership if you breach any warranty of or your representation proves to be false.
2.4 Types of membership and fees
Types of membership and their corresponding fees are shown on the "Membership" page of Pair Up. These subscription fees are subject to changes, which will be posted on Pair Up from time to time.
If you intend to upgrade your membership status from Basic Member to Advance Member or VIP Member, the upgrade will be effective immediately upon completion of payment.
If you intend to upgrade your membership status from Advance Member to VIP Member, the upgrade will be effective immediately upon completion of payment.
If you intend to downgrade your membership status from VIP Member or Advance Member to Basic Member, for Android mobile device users, open the Google Play app of your device. At the top right, tap the profile icon, and then tap “Payments & Subscriptions” and “Subscriptions”. Under “Subscriptions”, find out Pair Up to cancel. The downgrade will be effective after completion of the remainder of the period as a VIP Member or Advance Member.
If you intend to downgrade your membership status from VIP Member to Advance Member, you have to cancel your VIP Member subscription and the downgrade to Advance Member afterwards.
For Android mobile device users to do so, you have to open the “Play Store” app of your device. At the top right, tap the profile icon, and then tap “Payments & Subscriptions” and “Subscriptions”. Under “Subscriptions”, find out Pair Up to cancel. The downgrade will be effective after completion of the remainder of the period as a VIP Member or Advance Member. And you will need to wait until the completion of the remainder of the period as a VIP Member, then purchase again in the “Pair Up” app.
If you downgrade your membership status to Basic Member, you will be subject to our Terms of Use of Free Membership.
2.5 Payment
(a) When you make a payment on Pair Up, you expressly authorise us or our third-party payment processor to charge you for such payment. Your membership will be automatically renewed. You can opt out of auto-renewal at any time on our third-party payment processor. If you have not opted out, then, the subscription will be auto-renewed for the periods stated on the “ Membership” page of Pair Up.
(b) We may at any time change our price for a subscription. Notification of the details of the new rate will be posted on Pair Up at least seven days before taking effect. Auto-renewals of existing subscription will continue at the new price unless you change the setting of your mobile device to terminate automatic renewal of subscription as set out in clause 2.4 above.
2.6 Terms of use of third party payment services
When using third party payment services, you must accept and abide by these Terms of use of those payment services.
2.7 Terms of Paid Services
We have two types of Paid Services, i.e. Advance Member and VIP Member. Please refer to the “Membership” page of Pair Up for more information on our Paid Services (please refer to clause 3 below for details of the scope of Service), subject to changes by the Company from time to time.
2.8 Additional terms of offline events
We organise paid offline events on an irregular basis in addition to our online Service. Please refer to clause 3 below for details of our offline events.
If a member is unable to attend an offline event he has paid for due to personal reasons (including but not limited to physical discomfort, exceptional circumstances, signing up for the wrong event, ineligibility of the member and/or the companion), no refund will be made.
When a No. 8 typhoon warning signal or above, a black rainstorm warning signal or “extreme conditions” caused by a super typhoon and/ or a black rainstorm warning signal (collectively, “Bad Weather Signal(s)”) is likely to be issued/ to occur within two hours before the scheduled starting time, the offline event will be postponed and rescheduled. Notification will be made through whatsapp or email. If you are unable to attend the offline event on the rescheduled date, you may contact us through whatsapp or email to cs@2pairup.com within seven days of the announcement of the rescheduled date of the event; refund will be made in 14 days after submission of your request.
If the Bad Weather Signal is lowered or cancelled two hours before the schedule starting time, the offline event will proceed as scheduled; no refund will be made to absentees.
The Company reserves the right to refuse or terminate participation of offline events if you breach any warranty, fail to present documents for verification of identity or your representation proves to be false.
2.9 Password security
As part of the member registration process, you will be required to select a password. You are solely responsible for selecting a password that is not easily guessed and for keeping your password safe, and agree not to transfer or resell your use of or access to Pair Up to any third party. If you have reasons to believe that your account is no longer secure, you must immediately notify us and you must promptly change your password by updating your account information.
If you forget your password, please tap “Forget Password” on the log in page, fill in your registered email address and follow the instructions on the page to reset your password.
2.10 Verification of identity
We generally do not verify identities of our members but we reserve the right from time to time to request form(s) of identification to verify:
(a) your identity;
(b) the information provided by you;
(c) your payment or billing information; and/or
(d) your compliance with these Terms of Use.
Failure to provide such documents without reasonable explanation may result in suspension of the Service and you will not be entitled to refund of any payment made to the Company.
3. The Service
The Service is an internet information service that facilitates contact between members who may or may not be connecting others via Four Pillars of Destiny (“八字”/Bazi) analysis.
After filling in your personal information and completing registration on Pair Up (subject to our approval of your profile), you can attempt matching with other members. Pair Up will suggest members based on analysis of Bazi for you. You have the final decision of whether to attempt to match with the member we suggest; likewise, other members can decide whether to match with you or not.
If two members mutually like each other by tapping “Like” on Pair Up, a chatroom will be formed automatically for further interaction, where you can share your texts, pictures and locations.
You may be blocked or expelled from the chatroom by the one chatting with you or us for any reason, especially if improper languages or harassment are used or caused to others. You might be unblocked by the one who blocked you and resume chatting.
We usually do not intervene the conversations between members, but if a complaint is received, we may interrupt any interaction between the complainant and complainee as we see fit and take further actions if necessary.
Please refer to clauses 4.2, 4.9 and 4.10 below on the prohibitions of indecent use of Pair Up.
In compliance with the requirements of the Personal Data (Privacy) Ordinance, we will not unnecessarily retain Personal Data (including but not limited to chatroom conversations) of a user upon his or her request to delete, unless the law so requires. Please refer to our Privacy Policy (https://www.2pairup.com/privacy-policy) for our mechanism on deletion of Personal Data.
Service for Advance Members:
• Valid for 30 days from the date of each payment (unless suspended or terminated for indecent use of Pair Up ; see clauses 4.2, 4.9 and 4.10 below).
• Maximum six suggested profiles of other members on each match-release (some profiles may be repeatedly suggested to you)
• Select a maximum four out of six suggested profiles of other members
• Unlimited access on all articles posted on Pair Up
• Higher priority on registration of offline events than Basic Members (subject to our sole discretion to approve participation)
• Random profile(s) may be suggested by Pair Up administrators on an irregular basis
• About 70% matched profile (based on our own Bazi calculation and analysis) will be suggested (please refer to clause 13 for details of Bazi calculation and analysis)
• View who likes you and pin to top once a day for successful matches
Service for VIP Members:
• Valid for 90 days from the date of each payment
• Maximum six suggested profiles of other members on each match-release (some profiles may be repeatedly suggested to you)
• Select a maximum four out of six suggested profiles a day
• Unlimited access on all articles posted on Pair Up
• The highest priority on registration of offline events (subject to our sole discretion to approve participation)
• Signing up for one offline event for free
• About 95% matched profile (based on our own Bazi calculation and analysis) will be suggested (please refer to clause 13 for details of Bazi calculation and analysis)
• Random profile(s) may be suggested by Pair Up administrators on an irregular basis
• Three Matching Reports for free during each valid period
Both Advance Members and VIP Members may tap “Request Matching Report” on Pair Up to separately request Matching Reports or in a chartroom. Charges will be on a per-piece basis.
In addition to the above Service, users can consult Master’s Advice for opinions about a potential romantic partner, business partner, teacher/student, domestic helper or colleague/friend by inserting the relevant names and dates of birth. Charges will be on a pay- per- use basis.
Offline events will be held on an irregular basis. All types of members are eligible to sign up but availability will be on a first-come-first-served basis, except that higher priority will be given to Advance Members (compared to Basic Member) and top priority goes to VIP Members. Certain offline events are open to VIP Members only. Eligibility to participate and availability of quotas of any offline event are subject to our sole discretion. Users can check the upcoming events and their application status on “My Event” page of Pair Up. Please refer to clause 13 below for details.
We also post articles from time to time about Bazi or other topics on Pair Up. Only Advance Members and VIP Members can have access to all articles without restriction. All articles posted are merely informational. They are not intended as a substitute for professional, reliable or accurate advice for you to rely on. Should you decide to act upon any information from such articles, you do so at your own risk. We cannot guarantee that there is no mistake or error in the articles. Please refer to clause 13 below for details.
You are advised that Bazi is not an exact science and has not been evidentially or academically proven. All information and analysis results generated from Bazi as shown in Pair Up are for reference only. We do not guarantee the accuracy, reliability and completeness of the information and analysis results.
The Service is not a marriage brokering service, mail order bride service or a matchmaking service with guaranteed success rate. The Company is under no obligation to broker any other member or members for you. Please refer to clause 13 for details.
4. Use of the Service
4.1 Own risk
You acknowledge that your use of the Service and Pair Up is solely at your own risk.
4.2 Accurate information
You represent, warrant and undertake that the information and photos that you supply to the Service are not in breach of this Agreement and not harmful to any person in any way and is not in breach of this Agreement and not harmful to any person in any way.
Without limiting the above, you must not transmit or post on Pair Up, any images that contain:
• images of any person other than you;
• nudity;
• images of other objects that do not contain you;
• a cartoon or illustration (even if it is of you).
The following personal information/particulars are to be submitted for the registration or subscription of membership.
• Date and time of birth
• Gender
• Profile photos
• Instant selfie verification
• Ethnicity
• Religion
• Body type
• Height
• Place of residence
• Locations
• Industry
• Job title
• Income level
• Education level and institutions
Since the key feature of the Service is to identify potential partners of opposite sex based on Bazi analysis for our members, date of birth, time of birth and gender cannot be changed once registered.
We make no representation, warranty or undertaking that the information and photos provided by any member for the Service, to Pair Up and the Company is/are accurate in any respects.
4.3 Information not confidential
You agree that any material or information provided by you, including Personal Data and treated as non-confidential and non-proprietary. We may use such material or information without restriction, provided such use to the extent it relates to your Personal Data is compliant with the Terms of our Privacy Policy and the applicable laws and regulations of Hong Kong. You acknowledge and agree that any such material or information provided by you will only be available for other members or users to read on Pair Up.
4.4 Information may be available to overseas recipients
(a) While we limit the Service to be used by permanent residents of Hong Kong or those who generally reside in Hong Kong, there might be occasions that overseas recipients may be able to access your profile. Any profile or information that you have provided to us will be publicly viewable, irrespective of the location of the viewer. By creating a profile, you acknowledge that Hong Kong and overseas recipients will be able to view your profile.
(b) The Company utilises servers for the storage of your Personal Data which may be located in or outside of Hong Kong.
(c) In order to provide customer support, perform back office functions, perform fraud prevention tasks or provide services to you, we may need to allow our staff or suppliers (who may be located or whose resources may be located outside Hong Kong) access your Personal Data.
(d) You expressly consent to the transfer and storage of Personal Data to our members, employees, members and the third parties as contemplated in clauses 4.4(a) to 4.4(c) of these Terms of Use and in our Privacy Policy, where such members, employees and third parties in full knowledge and appreciation of the risks that may be associated with such transfers and storage, particularly where such jurisdictions do not have the same or a similar level of protection as that in Hong Kong. All transfers will be facilitated by our Company in accordance with the terms of our Privacy Policy. You are entitled to revoke your consent, or object to our use of your Personal Data at any time, but we reserve the right to terminate your access to our Service at our sole discretion. Please refer to our Privacy Policy for processes of erasure of Personal Data.
(e) Using the Service may be prohibited or restricted in certain jurisdictions. If you use the Service from outside of Hong Kong, you are fully responsible for complying with the laws and regulations of the territory from which you access or use the Services or Pair Up.
4.5 Copyright assigned
You agree that all copyright which subsists in any material or information provided by you to the Company is assigned to the Company for use within the scope of these Terms of Use. You will not post, transmit or otherwise provide any material or information in which the copyright is owned by another person or entity and you warrant that all material and information provided is your original work and not sourced from any third party.
4.6 Legal access
You must ensure that your access to Pair Up and use of the Service is not illegal or prohibited by laws which apply to you. You are solely responsible for the legality of your actions under all applicable laws.
4.7 Exposure to viruses
You must take your own precautions to ensure that the process which you employ for accessing Pair Up does not expose you to the risk of viruses, malicious mobile device code or other forms of interference which may damage your own mobile device system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own mobile device system which arises in connection with your use of the Service or Pair Up.
4.8 Content of profile
(a)You are solely responsible for the content of your profile, messages, video and audio recordings and other materials you may upload to the Service or transmit to other members of the Service.
(b)You agree that you will not upload or post onto your profile of Pair Up any content which:
(i) is abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, improper or otherwise inappropriate as determined at our sole discretion; or
(ii) depicts, describes, identifies or alludes to any person other than yourself.
4.9 Interaction with members
You are solely responsible for your interaction with other members of the Service.
If any form of abuse is reported (through “Contact Us” page of Pair Up) relating to interaction between members (during online chatting or offline events), we will conduct investigations once abuse report is received. If evidence or findings suggest existence of abuse (as decided by the Company at our sole discretion), we reserve the right to refuse, suspend and/or terminate the Service of the complainee of the abuse, who will be entitled to appeal to our decision for once, by explaining his or her account of story in writing. If we uphold our decision on the existence of abuse, the complainee cannot appeal further, and will not be entitled to refund of any payment for the refusal, suspension and/or termination of his enjoyment of Service. We may also report to a law enforcement authority if necessary.
If evidence or findings suggest no abuse by the complainee, his or her access to Service will be restored (if access to Service had been refused, suspended and/or terminated). Please refer to clause 3 above on blocking and unblocking by the one chatting with you in a chatroom.
4.10 Negative covenants
You represent, warrant and covenant that:
(a) you will not disclose any information provided to you through Pair Up or the Service to anyone without the prior permission of the person who provided it to you;
(b) you will not use Pair Up or the Service to engage in any form of harassment or offensive behavior, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libelous, slanderous, defamatory or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and privacy rights);
(c) you will not use Pair Up or the Service to engage in group sexual activity, or to solicit contact for the purpose of extra-marital encounters or affairs, or to solicit or engage in prostitution or any other activities that may be illegal in Hong Kong or any other jurisdiction;
(d) you will not impersonate any person or misrepresent your age or marital status or place information in your profile that is false or misleading in any way;
(e) you will not harvest or collect email addresses or other contact information of other users from the Service or Pair Up by electronic or other means or use the Service to transmit "spam", chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail;
(f) you will not use Pair Up or the Service for any commercial purposes;
(g) you will not solicit or attempt to solicit any money, bank account or credit card details or confidential financial information from any member or other user of Pair Up or the Service;
(h) you will not send money or provide financial information to any person that you have communicated with or met via Pair Up. The Company will not be liable for any loss (financial or otherwise) suffered by you as a result of this behavior. You agree to report anyone who attempts to solicit money or obtain financial information contacting the Company by filling in the form in “Contact Us” page of Pair Up.
(i) you will not solicit or attempt to solicit passwords from other members;
(j) you will not use Pair Up or the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
(k) you will not harass others by continuing to attempt to communicate with someone who has clearly asked you to cease communications;
(l) you will not post or transmit material which contains viruses or other mobile device codes, files or programs which are designed to limit or destroy the functionality of mobile device software or hardware;
(m) you will not post or transmit in any manner any contact information including without limitation, email addresses, phone numbers, postal addresses, instant messenger IDs, Facebook usernames, URLs, or full names through your publicly posted information;
(n) you will not use non-human or automated bots to login to Pair Up or the Service;
(o) when communicating with employees of the Company through any means, you will not engage in any Offensive Conduct. You agree that, should you engage in any Offensive Conduct, which is to be determined in our sole discretion, we will have the right to immediately terminate your membership and you will not be entitled to a refund of any subscription payments we have received from you;
(p) you are over 18. All members of Pair Up are required to be over 18. Our Company has zero tolerance for any attempt by any member to engage in any form of cybersex, sexual communication, or sexual contact with any person who is underage. Upon being notified of any illegal or inappropriate communications with a minor, we may report details to the appropriate law enforcement agency.
(q) you are a permanent resident of, or generally residing in Hong Kong, and your legal capacity is regulated and governed by the laws and regulations of Hong Kong
4.11 Use of images
In addition to the provisions of clause 4.5, by providing any photographs, material, information or content to the Company, you acknowledge and agree that the Company may:
(a) reproduce, use, copy, perform, display, distribute and exploit the material, information or content;
(b) prepare derivative works of, or incorporate into other works and other media, such material, information and content; and
(c) license others the same rights granted to the Company in clauses 4.11(a) and 4.11(b) above, and you consent to any and all such uses, including, without limitation, for any promotional or commercial purposes. You also warrant that you have the authority to grant the consent referred to in this clause.
4.12 No mail order bride marriage
Pair Up and the Service do not, and must not be taken to, in any way, aid, procure, promote or provide "mail order bride" marriage-matching services to users.
5. Information
5.1 Monitor information
We reserve the right to monitor all profiles, messages, chat, instant messages, videos and audio recordings to ensure that they conform to the requirements of these Terms of Use. To ensure that we provide the highest level of service and the safest online environment to our customers, we have engaged one or more third parties to provide online security functions for our customers. Providing this security requires the collection of certain non-personal data from your mobile device or other device by which you connect to Pair Up. You expressly acknowledge and agree to our collection, whether directly or by third-party security providers, of certain non-personal data to be used for the sole purpose of ensuring a secure and safe online environment for you. Even though no personal data is collected, we ensure that any third parties with which we contract for security services observe the highest data protection and privacy standards.
5.2 Editing Information
While we do not and cannot review all messages or other material posted or sent by members of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are under no obligation, to delete, move or edit messages or material (including profiles, messages, videos and audio recordings) that we, in our sole discretion, deem to breach these Terms of Use or to be otherwise unacceptable.
5.3 Security of information
No data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us or which we transmit to other permitted third parties in accordance with our Privacy Policy. Accordingly, you expressly acknowledge any information which you transmit to us is transmitted at your own risk.
You further expressly consent to our transmission of your Personal Data to permitted third parties, both within and outside of the jurisdiction in which you reside, in full knowledge of the risks associated therewith, particularly where such other jurisdictions do not have the same or a similar level of protection as that in Hong Kong. You are entitled to revoke your consent, or object to our use of your Personal Data at any time in accordance with the processes set out in our Privacy Policy.
Notwithstanding the above, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
6. Restricted use
Unless we agree otherwise in writing, you are provided with access to Pair Up for your personal use only. Businesses, groups, organisations and companies are prohibited from registering as member. You are authorised to print a copy of any information contained on Pair Up for your personal use, unless printing is expressly prohibited.
7. Direct marketing
You expressly agree and consent that the Company may use and disclose Personal Data that the Company collects about you for the purpose of direct marketing. You are entitled to revoke your consent, or object to our use of your Personal Data at any time, in accordance with the processes set out in our Privacy Policy.
8. Communication
The Company reserves the right to send electronic mail to you regarding changes or additions to the Service, or any products and services of the Company and its affiliated businesses.
9. Advertisements
9.1 Sole responsibility
Responsibility for the content of advertisements (if any) appearing on Pair Up (including hyperlinks to the advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertisers’ product or service by the Company. Each advertiser is solely responsible for any representation made in connection with its advertisement.
10. Intellectual property ownership
The Company retains all rights, titles, and interests in the Service and Pair Up and the corresponding intellectual property rights and reserves all rights not expressly granted.
10.1 Copyright
Copyright in the Service and Pair Up (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Company. Other than for the purposes of, and subject to the conditions prescribed under the applicable laws and regulations of Hong Kong, and except as expressly authorised by these Terms of Use, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Service or Pair Up; or
(b) commercialise any information, products or services obtained from any part of the Service or Pair Up without our prior written permission.
10.2 Trademarks
Except where otherwise specified, any work or device to which is attached the ™ or ® symbol is a registered trademark. If you use any of the trademarks owned by the Company in reference to our activities, products or services, you must include a statement attributing the trademark to the Company. You must not use our trademarks:
(a) in or as the whole or part of your own trademarks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages us or our information, products or services (including without limitation, the Service and Pair Up).
11. Privacy Policy
We undertake to comply with these Terms of our Privacy Policy which is located on Pair Up which we may amend from time to time to comply with the applicable laws and regulations of Hong Kong and our operations.
Where it is reasonable or practical to do so we will, and will only collect Personal Data that is reasonably necessary for:
(a) enabling us to process your application for membership and enabling us to provide services to you (including creating your publicly viewable profile, allowing members to search for suitable members and providing mechanisms for communication between members);
(b) our internal research and market statistical purposes (including market segmentation and customer value analysis);
(c) enabling us to forward to you other information or material which we believe may be of interest to you;
(d) enabling a payment processor to process payments that you make to us; and
(e) any other purpose specified in these Terms of Use and our Privacy Policy.
You expressly consent to our collection, processing and use of your Personal Data in the manner and for the purposes set out in our Privacy Policy. You are entitled to revoke your consent, or object to our use of your Personal Data at any time, in accordance with the processes set out in our Privacy Policy.
We do not sell Personal Data to any third parties or provide Personal Data to third parties for any business purpose (unless that business purpose has been specifically referred to in our Privacy Policy). We do provide your Personal Data to our third party service providers in the circumstances set out in our Privacy Policy and to our associates(s) (if any) that are offering dating services at the times and in the manner set out in our Privacy Policy.
Please refer to our Privacy Policy for more information on collection and use of Personal Data.
12. Sale of Pair Up or Services
You agree and expressly consent that, if the Company sells Pair Up, the Services or its business (or any part thereof) or there is a change in control of the Company, the Company may disclose, assign or otherwise transfer Personal Data, Special Category Personal Data and any other information you transmit on Pair Up or Services (including photographs and your public profile) to the purchaser or new controlling entity or individual, for the purposes of providing the Services and direct marketing to you. You acknowledge and expressly agree that the new purchaser or new controlling entity or individual may be located outside Hong Kong, and you consent to the transfer of Personal Data to jurisdictions other than your place of residence.
13. Disclaimers and limitation of liability
13.1 No warranties as to accuracy
We do not make any representations or warranties that the material or information provided through the Service or on Pair Up (including any member profile, article, advice, opinion, statement or other information displayed, uploaded or distributed by the Company or any member or any other person or entity) is reliable, accurate or complete or that your access to the Service or Pair Up will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided through the Service or on Pair Up. You should make your own enquiries before acting or relying on any information or material which appears on Pair Up. You acknowledge that any reliance upon any such material or information shall be at your own risk.
13.2 No warranties as to availability
We do not warrant that the Service or Pair Up will be uninterrupted or error-free. The Service is distributed on an "as is" basis. There may be delays, omissions, and interruptions in the availability of the Service or Pair Up. Where permitted by law, you acknowledge that the Service (and the availability of Pair Up) is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
13.3 No warranties as to suitability
In addition to clause 3 of these Terms of Use, it is hereby re-emphasised that Bazi is not an exact science and there is no concrete evidential proof on its reliability. There are various fractions of Bazi with different methodologies of calculation and analysis. All information and analysis generated from Bazi as shown in Pair Up are based on our own methodologies and are provided for reference only.
The degree of suitability of members stipulated in clause 3 above is based on our own methodologies of Bazi calculation and analysis which we do not guarantee any accuracy, reliability or completeness. We make no warranty or representation to suitability of profile we suggest you or any success rate of establishing any form of relationships through Pair Up or the Service. You must make your own thorough enquiries and careful judgement before relying and acting on any information or results obtained from Pair Up, including but not limited to Bazi analysis. You acknowledge that any reliance upon such information or analysis results based on Bazi and/or obtained from any Service of Pair Up shall be at your own risk.
13.4 Implied warranties excluded
Any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
13.5 No liability for loss
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service or Pair Up , nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the Service or Pair Up. For the avoidance of doubt and without limiting the generality of the foregoing:
(a) The Company does not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with your use of the Service or Pair Up or with any delay or inability to use the Service or Pair Up, or for any information, products and other services obtained through the Service or Pair Up, or otherwise arising out of the use of Pair Up, whether based under contract, negligence or other tort, strict liability or otherwise, even if the Company has been advised of the possibility of such damage;
(b) The Company does not accept any responsibility or liability for any information or material which you submit to the Service or Pair Up nor do we accept any responsibility for any use or misuse of any information or material which you submit to the Service or Pair Up by other members or users;
(c) The Company does not accept any responsibility or liability for the conduct of any member or other user of the Service, including without limitation any conduct which causes physical injury to any person.
14. Specific warnings regarding online social networking
14.1 Risks involved in online social networking
Since currently the Company does not undertake background checks or verify information provided by our users, you acknowledge that there are risks involved in online social networking, including without limitation, unknowingly dealing with underage persons or persons acting under a false pretense or for a criminal purpose. You agree to take all necessary precautions when communicating with or meeting with other users, especially if you decide to meet in person. In addition, you agree to review our online social networking safety tips prior to using the Service.
14.2 Risks involved in participating in offline events organised by the Company
You acknowledge that there are risks involved in offline events organised by the Company, including without limitation, unknowingly dealing with underage persons or persons acting under a false pretense or for a criminal purpose. You also acknowledge that injury, damage or loss of any description whatsoever may be suffered or sustained of or consequent of participation in such offline events You agree to assume the risks associated with the offline events, and take all safety measures when participating in those offline events.
14.3 No warranty as to identity of members
You acknowledge that user authentication on the internet is extremely difficult. The Company cannot and does not warrant that each member or user of the Service is who he or she claims to be. Further, the Company cannot and does not warrant that member profiles are reliable, accurate or complete. Accordingly, you must be careful in dealing with other members or users of the Service or Pair Up.
14.4 Apart from clauses 13 and 14, users and members will also be subject to disclaimers for certain event(s) or Service upon their use or participation of such event(s) or Service.
15. Termination
15.1 Agreement effective for members
This Agreement will remain in full force and effect while you are a member of the Service or while you otherwise use Pair Up.
15.2 Termination of status as Advance Member or VIP Member by you
You may terminate your status as Advance Member or VIP Member at any time, for any reason as stipulated in clause 2.4 above.
You will not be entitled to a refund of your membership fees as a consequence of termination of your Paid Services. You are however entitled to enjoy the functions available to Advance Member or VIP Member (where applicable) for the remainder of the period of the subscription to your Paid Services. When the period lapses, your membership status will be downgraded to Basic Member.
If you want to deactivate the Service, you can choose not to be an “Active User” on the “Setting” page of Pair Up. Irrespective of the deactivation of membership, the period of your Paid Services will still count until completion of the relevant period, when you will be automatically downgraded to be a Basic Member if you fail to renew payment.
15.3 Termination of your access to Service
We may, in our absolute discretion, block, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Service by others. Accounts might be reactivated by us upon request subject to our approval at our sole discretion.
15.4 Termination of membership by us
We may immediately terminate your membership and your access to the Service at any time if we determine (in our absolute discretion) that you have breached this Agreement. Notice of termination will be delivered to the last email address you provide to us. Any pre-paid fees relevant to the period following termination will be refunded to you after deducting any costs incurred or loss suffered by the Company in connection with your membership.
16. Indemnity
To the extent permitted by law, you agree to indemnify, defend and hold the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax (if any), liability and/or expense (including legal costs on a full indemnity basis) that may be incurred by the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives arising out of or in connection with:
(a) any breach by you of these terms;
(b) any unauthorised use of the site that can be connected or associated to you;
(c) any breach by you of any law; and
(d) any act or omission that you may do in connection with Pair Up or the Services.
You agree to cooperate fully in the defense of any Claim. We reserve the right (but are under no obligation) to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, provided that you shall remain liable for any such Claim.
17. General
17.1 Failure to comply
The Company accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond our reasonable control.
17.2 No Waiver
If we waive any rights available to us under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
17.3 Severability
If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use shall continue in full force.
17.4 Language of Agreement
The language of this Agreement is English. If the Company has provided a translation of this Agreement in other language(s), you agree that the translation is provided for your convenience only. If there is any conflict or inconsistency between the English language version of this Agreement and a translation, the English language version will prevail.
17.5 Variation
We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on Pair Up. Your continued use of Pair Up following such notification will represent an agreement by you to be bound by these Terms of Use as amended.
17.6 Assignment
You must not assign any of your rights under this Agreement or in respect of the Service or Pair Up to any third party. The Company has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. At the election of the Company, in the event that the Company's obligations under this Agreement are assumed by a third party, the Company shall be relieved of any and all liability under this Agreement.
17.7 Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Service or Pair Up.
17.8 Governing law
These Terms of Use are governed by and construed in accordance with the laws of Hong Kong and the parties submit to the exclusive jurisdiction of the courts of Hong Kong.
18. Definitions
In these Terms of Use, unless defined otherwise, the following expressions have the corresponding meanings:
"Agreement" has the same meaning as defined in clause 1.2.
“Bad Weather Signal(s)” has the same meaning as defined in clause 2.8.
"Claim" means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent;
"Company" means Mars Concepts Limited, a company registered in Hong Kong, and shall include any related body corporate or associate (if any);
"Hong Kong" means Hong Kong Special Administrative Region of the People’s Republic of China;
"Offensive Conduct" means abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive conducts;
"Paid Services" means the Services made available for fee-paying members of Pair Up holding a valid subscription;
"Pair Up" means this Pair Up mobile app which is owned and operated by the Company;
"Personal Data" means any information relating to an identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
"Privacy Policy" means the Company's privacy policy which is available on Pair Up;
"Service" means the services made available for all members via Pair Up as ascribed in clause 3;
"Special Category Personal Data" means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, your criminal record, genetic and biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning your sex life or sexual orientation;
"Terms of Use" means these Terms of Use as amended by the Company from time to time, which form the agreement between you and the Company; and
"We", "Us" and "Our" all refer to the Company.