Terms & Conditions of Use

Your Agreement

This is Creato’s Terms and Conditions of Use (“Terms of Use”) which explains the rules on users in order to protect ourselves and also Creato’s users as well. Yours and our rights should be known and understood before you use Creato’s websites (current addresses: https://live.creatogether.app/ & https://creatogether.app) (collectively, the “Platform(s)”) which are operated and owned by ESSAA Limited and/or its subsidiary(ies) and/or affiliate(s) (collectively referred to as “Creato”, “we”, “us” or “Company”) (our website and the App, are referred to collectively in this Terms of Use as the “Services”). Terms of Use also come with our privacy policy, we suggest users take a few moments to read these before enjoying our Services.  By using our Services you agree and acknowledge that you have read and understood these Terms of Use and that you are deemed to have accepted and agreed to be bound by them in full.

If you do not agree to these Terms of Use, do not use any portion of our Services.

If you have any questions about the Terms of Use, please contact us at hello@creatogether.app or via +852 6146 8385.

Change of Terms of Use

Creato reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. The amended Terms of Use are effective from the date they are published through the Platforms. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Platforms following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Creato grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform(s). Your access to our Platform(s) and Services (as defined below) will be terminated upon your notice to us that any change is unacceptable.

In addition, when using the Services, you shall be subject to any additional terms applicable to such Services that may be posted on the page relating to such Services from time to time and the privacy policy adopted by Creato from time to time (“the Privacy Policy”). All such terms are hereby expressly incorporated by reference in this Terms of Use.

Register with us

You may be required to register with Creato in order to access certain contents and use certain functions, including to access Creato’s website (“Website”), including but not limited to the submission of travel experience, reviews, comment, purchasing services, redemption of gifts and so forth (“Creato Member(s)”). In order to create an account (“Account“) you agree represent, warrant and covenant with us that:-

• Your personal particulars are true, accurate, current, complete and not misleading in all respects, and further undertake to promptly update Creato if there is any subsequent change in such particulars. If you provide any information that is untrue, inaccurate, non-current or incomplete, or else Creato has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, Creato has the right to suspend or terminate your account and refuse any and all current or future use of the Platforms.
• You are at least 18 years old or above and capable of forming a legally binding contract; and
• if you register an Account on behalf of another person, a company or a business, that you have the authorization to do so;
• You do not select a username or password that violates any person’s rights or one that in our opinion is offensive, improper or inappropriate. If you do so, we reserve the right to modify or delete the username or password and/or terminate your Account with the Platforms. In any event, we shall not be liable in any way for any improper use of a username or password by any user.

Access and Use of the Service

• To use the Web, you must have a compatible device. Creato does not warrant that the Web will be compatible with the device that you use.
• We may provide you with emails, push notifications, alerts, and other messages related to the Web and/or our Services, such as enhancements, offers, products, events, and other promotions. You will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the Web, you may opt-out by changing your notification settings on your account. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt-out by following the specific instructions included in such communications.
• Creato does not guarantee that the Services will always be available or uninterrupted. Creato will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through Internet connection are aware of this Terms of Use and other applicable terms and conditions for the Services, and that they comply with them.
• Creato reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Creato will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
• You acknowledge that Creato may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Creato’s servers on your behalf. You agree that Creato has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Creato reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Creato reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
• You are solely and entirely responsible for maintaining the confidentiality of your user identification code, password or any other piece of information as part of our security procedures. You must not disclose it to any third party. In no event shall Creato be responsible or liable for any loss or damage in relation to the unauthorized use of your Account by any person; you will immediately notify us of any unauthorized use of your Account or any other breach theof security with respect to the use of the Services; and
• If you know or suspect that anyone other than you has knowledge of your user identification code or password, you must promptly notify Creato at hello@creatogether.app.
• You may not use anyone else’s account at any time, without the permission of the account holder. You understand that you may voluntarily terminate your use of and delete your account from the Platforms by using the applicable deactivation mechanism provided on the Platforms.
• Creato reserves the rights, in its sole discretion, to modify the Services, including without limitation by removing, adding, or modifying any portion of the Platforms and to edit, modify, share, erase, delete or remove any post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content as uploaded, posted or shared by a you on the Platforms (“Your Content(s)”) for any reason from time to time and without notice. Creato shall have no liability to you for any of the foregoing actions except pursuant to terms of any service agreement entered into with Creato, if any. Except as specified in the Terms of Use, Creato is not a party to any actual transaction between you any other user of the Platforms.

Privacy

When you use our Platform, you agree to our Privacy Policy, and its provisions are part of these Terms of Use.

Our Intellectual Property Rights

We own or are the licensee(s) of “Our Content“, which includes, but is not limited to, all intellectual property rights on the Platform (including all copyright, patents, logos, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) and materials, information and Your Content on the Platform or accessed as part of the Services, any database operated by Creato, all the Platforms’ design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all the selection, coordination, arrangement and enhancement. You understand and agree that Our Content is protected and you will not download, copy, modify, reproduce, print or distribute Our Content in any way unless you have received our prior written permission. Copying or storing of any Content other than personal and non-commercial use is expressly prohibited without prior written permission from Creato or from the copyright holder identified in such Contents copyright notice.

 

Payments

 

You agree to pay the fees for content that you purchase, and you authorise us to charge your debit or credit card or process other means of payment using third-party payment facility for those fees. Creato works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secured. We may update your payment methods using information provided by our payment service providers. Check out our Privacy Policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorised payment method. If your payment method fails and you still get access to the content you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.

 

Refund

We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on capabilities of our payment service providers, the Platform from which you purchased your content, and other factors. No refund is due to you if you request it 30 days before the start of content/course. However, if the content you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 30-days limit. Creato also reserves the right to refund students beyond the 30-day limit in cases of suspected or confirmed account fraud.

Creato reserves the right to charge you on admin fee if you request for a refund unilaterally.

Your Content and the permission you give us

You hereby warrant that you have the right to use Your Content and you acknowledge and agree that Creato may not pre-screen or pre-approve Your Content which you upload, post or share on the Platforms and you agree that Creato has the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove and monitor Your Content. Creato has the sole and absolute right, but not the obligation, to disclose Your Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including to determine compliance with the Terms of Use as well as to satisfy any applicable law, regulation or authorised government request.

By uploading, posting or sharing Your Content on the Platform, you unconditionally grant Creato a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) you have in Your Content in order that Creato can use, publish, host, display, promote, copy, download, forward, distribute, reproduce, transfer, edit, sell and re-use Your Content in any form and anywhere, with or without making any commercial gains or profits, and carry out the purposes set out in the Privacy Policy and herein.

Any use of any of such Your Content other than those permitted under the Terms of Use, the Privacy Policy and the terms and conditions of any service agreement(s) is strictly prohibited and Creato shall reserves all its rights in this respect. You acknowledge that you will be solely responsible for any adverse consequences arising from their breach of intellectual property laws. For the avoidance of doubt, any consent of any third parties on the use of Your Content and materials mentioned above shall not release you from the restrictions/prohibitions imposed hereunder.

You agree that Creato is free to use, disclose, adopt and modify all and any ideas, concepts, proposals, suggestions, comments and other communications and information provided by you in connection with your use of the Platforms/Systems without any remuneration or compensation to you. You hereby waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to Creato’s use, disclosure, adoption and/or modification of such ideas, concepts, proposals, suggestions, comments and/or other communications and information.

Creato takes no responsibility whatsoever for Your Content on the Platforms or any of Your Content sent through the Platforms, or for any of Your Content lost and does not make any representations or warranties regarding the content or accuracy of any material therein. Your Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Platforms. Other Creato Members may post content that is inaccurate, misleading or deceptive. Creato does not endorse and is not responsible for any content, and will not be liable to you or any other person for any loss or damage caused by your reliance on such content. Such content reflects the opinions of the person submitting it and may not reflect the opinion of Creato. Creato does not control or endorse any content, and specifically disclaims any liability concerning or relating to Your contribution of, use of, or reliance on any content and any actions resulting from your participation in any part of the Platforms or Services, including any objectionable content.

You may not access or collect data from our Platforms or Services using automated means (without our prior written permission) or attempt to access data that you do not have permission to access.

Limitation or Termination of the Services

These Terms of Use shall remain in full force and effect while you use the Platforms or the Services. Creato may terminate or suspend your access to the Services or your Account at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your Account.

Creato may also terminate or suspend any and all Services and access to the Platforms immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Use. If we determine that you have clearly, seriously or repeatedly breached our Terms of Use or any additional terms and conditions or policies as referred herein, we may suspend or permanently disable access to your Account. We may also suspend or disable your Account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.

In the event that Creato limits or terminates the use of the Services, you agree that Creato reserves the right, at any time, to take such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against you. Creato shall have no obligation to deliver any of Your Content to you at any time, both before or after cessation of the Services or upon removal of Your Content from the Platforms.

Force Majeure

Creato shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (i) weather conditions or other elements of nature or acts of God; (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (iii) quarantines or embargoes; (iv) labour strikes; (v) error or disruption to major computer hardware or networks or software failures; or (vi) other causes beyond the reasonable control of Creato.

Disclaimer of warranties

You acknowledge and agree that (i) Creato shall not be responsible in any way for any direct or indirect damage or loss that may arise or result from the use of the Platform, for whatever reason made and that (ii) Creato shall not be liable for any default of obligations or duties directly or indirectly caused by or resulted from any causes beyond the Creato’s reasonable control, including but not limited to Internet failure or any system default.

As permitted by applicable law, you expressly agree that use of the Platform is at your sole risk. Neither Creato or its subsidiaries or affiliates or any of its respective employees, agents, merchants, third-party content providers or licensors or any of their officers, directors, employees or agents, warrant that the use of the Platform will be uninterrupted, secure, virus-free, or error free, nor do they make any warranty as to (a) the results that may be obtained from use of the Platform, or (b) the accuracy, completeness, or reliability of (i) the user contents on the Platform, including, without limitation, offerings, products, or other available programs, (ii) descriptions of offerings, products, or other available programs, or (iii) user contents provided through the platform. The platform and all content, user contents and other information contained on the Platform, offerings, products and other available programs accessible or available through the Platform, are made accessible or available on an “as is” and “as available” basis. To the extent allowed by applicable law, Creato hereby disclaims any and all representations, warranties, and conditions, whether express, implied, or statutory, as to the operation of the Platform or the user contents or other information contained on the Platform or the offerings, products, or other available programs accessible or available through the Platform, including, without limitation, those of title, non-infringement, non-interference, merchantability, suitability, and fitness for a particular purpose, as well as warranties implied from a course of performance or course of dealing.

  

Limitation of Liability

As permitted by applicable law, in no event shall Creato or its subsidiaries or affiliates or any of its respective employees, officers, directors, agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees, or agents, be liable for any direct or indirect lost profits or lost business damages, indirect, incidental, special, consequential, or punitive damages arising out of, related to, or in connection with any of the following: (a) your use of the Platform, Your Content, including, without limitation, any personal information, and any other information either contained in the platform or submitted by you to the platform; (b) your inability to use the Platform; (c) modification or removal of Your Content or user content posted, uploaded or shared on the Platform; (d) these Terms of Use; or (e) any improper use of information you provide to the platform, including, without limitation, any personal information. The aggregate liability of Creato to you for all claims and expenses arising from your use of the Services and/or the Platform shall be limited to the amount of HK$100.

The liability limitations in this clause are not intended to limit any express representations or warranties by Creato that are included in other applicable terms, nor are they intended to limit remedies you might have for product-related injury.

Indemnity

You agree to indemnify, and hold harmless Creato, its subsidiaries, its affiliates, its officers, directors, employees, agents, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) made against Creato by any third party due to or arising out of or in connection with your use of the Platform and its Services.

Miscellaneous

When you use the Platform or send emails to Creato, you are communicating with Creato electronically and consent to receive electronic communications related to your use of the Platform. We will communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from Creato will be considered delivered to you and effective when sent to the email address you provide on the Platform or from which you otherwise email Creato.

The provisions of the Terms of Use shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event any provision of the Terms of Use is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of the Terms of Use shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of the Terms of Use one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.

If there is any conflict among (i) these Terms of Use, (ii) specific policies, terms and conditions appearing on the Platforms, (iii) Privacy Policy, (vi) user guidelines and/or (v) any specific terms and conditions of use in respect of any special events hosted by Creato, the latest shall prevail over other documents and then the following descending order of procedure shall apply:- (i) Privacy Policy; (ii) the specific policies, terms and conditions appearing on the Platform and (iii) the Terms of Use, subject always to the express contrary provisions (if any) contained in the aforesaid documents.

The Terms of Use and any dispute or matter arising from or incidental to the use of the Platform shall be governed by and construed in accordance with the laws of Hong Kong, unless otherwise specified.

Any dispute, controversy, difference or claim arising out of or relating to this Terms of Use, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall 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. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

In the event of any breach of the Terms of Use by any one party, the other party shall be entitled to remedies in law and equity as determined by arbitration.

Except as expressly set forth herein, no person other than the parties to these Terms of Use shall have any right to enforce any term hereof.

Should there be any inconsistency between the English version and any version in other language, the English version shall always prevail.

Enquiries

For any query, please email to hello@creatogether.app or via +852 6146 8385.

Effective date: last updated on 30 December 2022.