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User General Terms & Conditions

1 Terms of Use

1.1 These General Terms and Conditions (the " Agreement ") form a binding contract between you and us.

1.2 We are All Profit Alliance Limited (“ All Profit ”), the owner of Yes Master! online platforms (“ Platforms ”) through mobile phone/device applications (“ Apps ”), website www.yesmaster.com.hk (“ Website ”) or and other media (collectively the “ Yes Master! ”).

1.3 The terms “we”, “us” and “our” describe All Profit, its subsidiaries and related corporates. The term "you" refers to the person (“ User ” or “ Users ” in plural form) browsing, accessing or using Yes Master! or by using any facilities or services made available through its Platforms or by transacting through or on them (“ Services ”).

1.4 Our customer service hotline is +852 3188 5761.

2 Your Acceptance of these Terms and Conditions

 

2.1 By browsing, accessing or using Yes Master! or by using any facilities or services made available through its Platforms or by transacting through or on them, you are agreeing to the terms and conditions that appear below.

2.2 We reserve the right, at any time, to add, delete, modify, alter, and/or update the terms and conditions of this Agreement without prior notice (hereinafter collectively “ Modifications ”). Modifications shall become effective immediately upon being posted on the Platforms. If any Modification is unacceptable to you, you should cease using Yes Master! and the Services. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of this Agreement and its Modifications.

2.3 In some instances, both these Terms and Conditions and separate terms of service or guideline setting forth additional conditions may apply to a service or product offer via Yes Master! (“ Additional Terms ”). The Additional Terms are incorporated by reference to those Terms and Conditions. The Additional Terms are generally intended to be supplemental to these Terms and Conditions, but to the extent there is an express conflict between these Terms and Conditions and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.

3 Requirements for Use of Yes Master! Services

 

3.1 Your use of Yes Master! is conditional upon your agreement that you:

(a) for making any Purchase on the Platforms, are 18 years of age or older;

(b) will comply with this Agreement;

(c) will not copy or distribute any part of Yes Master! in any medium without our prior written authorisation;

(d) will provide accurate information when creating an account or registering for the Services;

(e) are solely responsible for your User ID (defined below) and all account and profile activities that occur on Yes Master! while signed into Yes Master! with your User ID;

(f) will not use the Services in such a way that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local or international law or regulation

(g) will not use Yes Master! to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;

(h) will not use the communication systems provided by or contacts made on Yes Master! for any commercial solicitation purposes; and

(i) hereby agree that we may suspend your use of Yes Master! and/or terminate your account with or without prior notice.

3.2 Yes Master! and the Services are solely for those who access the Platforms from Hong Kong. We make no representation that the Services are available or otherwise suitable for use outside of Hong Kong. If you choose to access the Services from locations outside of Hong Kong, you do so at your own risks and are responsible for the consequences and for compliance with all applicable laws

4 Prohibited Use

 

4.1 You may not cause harm to the Platforms. Specifically, but not by way of limitation, you may not: (i) interfere with the Platforms by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Platforms; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Platforms, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) impersonate another person or entity; (v) assist or encourage any third party in engaging in any activity prohibited by this Agreement; (vi) engage in any activity that interferes with another user’s ability to use or enjoy Yes Master!; (vii) co-brand Yes Master!; (viii) hyperlink to the Platforms, without the express prior written permission of an authorized representative of Yes Master!; (ix) use any trademark owned or licensed by Yes Master!.

 

5 Your Account

 

5.1 You will need to register by creating an account with Yes Master! (“ Registration ”) in order to obtain access to certain Services, including making Purchases (as defined below).

5.2 We reserve the right to decline a new Registration or to cancel an existing Registration at any time.

 

5.4 You must keep the Password confidential and immediately notify us if any authorized third party becomes aware of that Password or if there is any unauthorized use of your email address or any breach of security known to you.

5.5 You agree that we rely on User IDs to know whether users accessing Yes Master! and using our Services are authorised to do so. If someone logs in Yes Master! or the Services using your User ID, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to Yes Master! or use of the Services by persons using your User ID.

6 Purchases

 

6.1 Yes Master! provides Users platforms to make purchases (“ Purchases ”) of products, services and vouchers which are redeemable (“ Vouchers ”) for products and services supplied by third-party merchants (“ Merchants ”) with a time limited validity period. These products, services and Vouchers are referred to as “ Deals ”.

6.2 You are required to create an Account in order to make any Purchases through Yes Master!.

6.3 Each Deal has specific terms associated with the Deal, which will be presented to you before you commit to purchase the particular Deal. Deal specific terms may also be set out in any relevant Voucher. Those specific terms are in addition to the terms set forth in this Agreement and may restrict things such as when and where you can redeem a Voucher, terms of delivery, refund, warranty as well as other Deal specific limitation. We recommend that you read the Dealspecific terms closely before deciding whether to purchase a Deal.

6.4 The Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law. We reserve the right to alter the Deal specific terms at any time at our sole discretion.

By placing an order for a given Deal, you make an offer to purchase the Deal on the terms, restrictions and conditions associated with the Deal, including the terms of this Agreement. Once you have placed your order, your credit card will be charged for the price of the Deal and you will receive an email containing confirmation of your purchase, including redemption details and the merchant’s contact details. The transaction will be completed only when we email you confirming the transaction (which is the acceptance of the transaction and when a contract for the Purchase is made).

6.5 If you are purchasing a Voucher, we will email your Voucher to you within 2 business days of your purchase. The Voucher will also be available in the ‘My Vouchers’ section of your Apps and Account.

6.6 If you are purchasing a product and no Voucher is provided, we will email a dispatch confirmation with the Merchant’s details for coordination on the dispatch. The Merchant shall deliver the product to your nominated address in the time frame stated on the dispatch confirmation.

6.7 In the event that your Purchase is cancelled for any reason, we will inform you as soon as possible and provide instructions on how to obtain a credit or refund.

6.8 All monetary transactions made by Users on the Platforms of Yes Master! are handled by PayPal. For enquiries please contact Yes Master!’s customer service hotline at +852 3188 5761.

7 Recommended Retail Price

 

7.1 In addition to the voucher price or product/service price, most Deals have a “ Recommended Retail Price ” listed as well. The Recommended Retail Price shall be quoted by the Merchants.

7.2 In circumstances where the products or services are offered and/or sold to the general public by the Merchant, the Recommended Retail Price is the price at which the Merchant offers and/or sells the products or services to the general public.

7.3 In circumstances where the products or services are not offered and/or sold to the general public by the Merchant, but are offered and/or sold to the general public by another retailer in Hong Kong, the Recommended Retail Price is the price at which the other retailer offers and/or sells the products or services to the general public.

7.4 In circumstances where the products or services are not offered and/or sold to the general public in Hong Kong, the Recommended Retail Price is either:

(a) the recommended retail price of the products or services, as set by the manufacturer, importer, wholesaler or distributor;

(b) the price (after exchange rates, shipping, taxes and applicable charges) at which the products or services are offered and/or sold to the general public in comparable countries; or

(c) the Merchant’s reasonable estimate of the retail price of the products or services, if they were to be offered and/or sold to the general public in Hong Kong (taking into account factors such as quality, branding and pricing of similar items).

8 Redemption

 

8.1 After a Purchase is complete, the Voucher is redeemable by you from the Merchant stated on the Voucher. The products and services for which the Voucher can be redeemed will be stated on the Voucher, together with the period of validity of the Voucher. The Voucher must be redeemed within the period of validity stated on the Voucher and you will not be entitled to any refund or credit from us for unused Vouchers which have expired. Any attempt by you to redeem a Voucher contrary to the terms and conditions of this Agreement may render a Voucher void at our or at the Merchant’s discretion.

8.2 Unless otherwise stated in a Voucher, the following additional terms apply to all Vouchers:

(a) no cash value for any Voucher;

(b) no change, cash back or credit will be issued for partial redemption of a Voucher;

(c) Vouchers cannot be combined with any other vouchers, coupons or promotions unless otherwise noted on the Voucher,

(d) Vouchers cannot be used as credit against any tips, prior balances or purchases, shipping or handling, unless otherwise noted on the Voucher;

(e) neither we nor any Merchants are responsible for lost or stolen Vouchers or Voucher numbers or Voucher redemption codes; and

(f) duplicate use, sale or trade of Vouchers is prohibited.

8.3 For Deals where no Voucher is provided, the products or services under the Deals and are sold directly to you subject to the terms associated to the Deals and the terms of this Agreement.

9 Supply

 

9.1 It is the responsibility of the Merchant and not ours for the supply and delivery of the products and services sold under a Deal.

9.2 The Merchant is sole responsible for redeeming any Voucher purchased by you.

9.3 The sale, supply and delivery of a product and service are made by the Merchant and the Merchant is responsible for complying with all applicable laws relating to that sale, supply and delivery.

9.4 The Merchant is responsible for refund or replacement of the Products and Services pursuant to the terms and conditions herein, if applicable.

9.5 The Merchant shall be fully responsible for any and all loss, injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a User, caused in whole or in part by the Merchant or its products and services.

9.6 We do not act as an agent for the Merchant.

9.7 Any disputes relating to the supply and delivery of the products and services sold by the Merchant to a User and any refund and/or replacement issue are between the Merchant and the User and we do not take any responsibility thereon.

10 Refund and Replacement

10.1 All refund and replacement requested by Users will be subject to the Merchant’s terms and conditions as set out in the Deal specific terms.

11 Your Obligation on Purchase

 

11.1 You agree to (and shall) abide by those terms and conditions of the Merchants applicable in relation to their own supply of their goods and services. It is your responsibility to ensure your compliance of those terms in your Purchase.

11.2 You warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.

11.3 You have the sole responsibility to make sure that any products, services or information available for a Deal or the Services meet your specific requirements before you make any Purchase.

12 Rules Regarding Publishing and Contents on the Platforms

 

12.1 Yes Master! may from time to time provide forums or similar platforms for all or certain eligible Users to publish and obtain access to various kinds of information and materials (“ Content ”). Content also includes information and materials posted to Yes Master! by you. You agree not to post or use any Content in any manner that:

(a) infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;

(b) violates the privacy, publicity, or other rights of third parties;

(c) is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Yes Master! in its sole discretion;

(d) is false or inaccurate, or

(e) could damage us and/or its related corporates, affiliates, advertisers, or any other third party.

12.2 Though we strive to enforce these rules with all of our users, you may be exposed through Yes Master! or the Services to Content that breaches our policies or is otherwise offensive. You use Yes Master! and the Services at your own risk. We may, but are not obligated to, terminate User’s Accounts and/or remove Content from the Platforms if we determine or suspect that those Accounts or Content breach the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on Yes Master! whether it breaches our policies or not.

12.3 It is our goal to make the use of Yes Master! a good experience for you and all of our Users, so you agree not to do any of the following:

(a) conduct or promote any illegal activities while using Yes Master! or the Services;

(b) upload, distribute or print anything that may be inappropriate or harmful to children;

(c) attempt to reverse engineer or jeopardise the correct functioning of Yes Master! or the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies Yes Master!;

(d) attempt to gain access to secured portions of Yes Master! or the Services to which you do not possess valid access rights;

(e) upload or transmit any form of virus, worm, Trojan horse, or other malicious code;

(f) use Yes Master! or the Services to generate or distribute unsolicited email advertisements or spam;

(g) use any automatic or manual process to search or harvest information from Yes Master! or the Services, or to interfere in any way with the proper functioning of Yes Master! or the Services; or

(h) impersonate another user.

12.4 We do not have control over websites that Yes Master! may link to. Yes Master! may contain links to third party websites that are not owned, operated, or controlled by us. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the entities that own them. Additionally, we cannot and will not censor or edit the content of any third party website. By using Yes Master! you expressly relieve us from any and all liability arising from your use of any third party website.

13 Termination

 

13.1 We may change, suspend or discontinue Yes Master! or any of the Services at any time without prior notice.

13.2 We reserve our right to terminate this Agreement at our sole discretion and for any reason, without prior notice.

13.3 In the event that you breach any of the terms and conditions contained herein and this Agreement will automatically terminate.

13.4 In the event of any termination, you will immediately cease using Yes Master! and our Services.

13.5 Any Deal or Voucher purchased by you prior to termination will be honoured according to its terms and the terms of this Agreement specifically applicable to such Deal or Voucher.

14 Disclaimer

14.1 Yes Master! and the Services are provided to you on "as is" and "as available" basis.

14.2 To the maximum extent permitted by law, we and our employees, agents, suppliers, and the Merchants disclaim any implied contractual promises that Yes Master! and the Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.

14.3 The products and/or services listed on Yes Master! are provided by third-party Merchants. While Yes Master! makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided by the Merchants or otherwise on the Platforms.

14.4 Yes Master! may include a directory of service providers and may list services or packages of services for sale by those service providers. We do not provide verification of those service providers’ credentials, liability insurance nor do we guarantee the quality or safety of service offered by any of the service providers listed on Yes Master!.

14.5 No promise or guarantee is made by us that Yes Master! will meet your requirements, is error-free, without interruption or available at all times. We do not promise or guarantee that the results that may be obtained from the use of Yes Master!, including any Services or Deals, will be effective, reliable, accurate or meet your requirements. We make no promises as to privacy and security other than as expressly stated in our Privacy Policy.

14.6 You may have additional consumer rights under the laws that this Agreement cannot change.

15 Limitation on Liability

 

15.1 We are responsible for liability for death or personal injury caused by our negligence or that of our employees and agents. We also accept liability for fraudulent misrepresentation by us or our employees or agents. You have certain rights under the law which include that we will provide Yes Master! and Services to a reasonable standard. Nothing in this Agreement is intended to affect these statutory rights.

15.2 For any of our breach of this Agreement, we shall be liable for losses which are reasonably foreseeable consequences of such a breach, up to a maximum of the total amount of fees that you have paid us for the specific Service and Deal at issue. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this Agreement. We are not responsible for:

(a) losses not caused by our breach;

(b) indirect losses which are the side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this Agreement, for example loss of profits or loss of opportunity;

content posted by other users;

(c) contracts entered into with third parties;

(d) loss of data;

(e) loss of goodwill;

(f) computer malfunction or failure;

(g) business or commercial losses caused to non-consumers; or

(h) failure to provide Yes Master! or the Services or to meet any of our obligations under this Agreement where such failure is due to any cause beyond our reasonable control which prevents us from providing Yes Master! or the Services or fulfilling any of our other obligations under this Agreement and includes but is not limited to disruptions to the internet, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.

16 Waiver and Indemnity

 

16.1 By using any services provided by Yes Master!, you agree, to the extent permitted by law, to indemnify and hold us, our directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this Agreement. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement.

16.2 You shall indemnify us against each loss, liability or cost incurred by us arising out of:

(a) any claims or legal proceedings which are brought or threatened against us by any person arising from:

i. your use of Yes Master! or the Service;

ii. the use of a Voucher or Deal;

iii. the use of Yes Master! or the Service through your Password; or

(b) any or your breach of this Agreement.

17 Privacy

 

17.1 Please see our

Privacy Policy

which is incorporated into and forms part of this Agreement.

 

 

18 Copyright and Trademarks

 

18.1 Everything located on or in Yes Master! is our exclusive property or used with express permission of the copyright and/or trademark owner. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of Yes Master! without our express written permission is strictly prohibited. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.

18.2 Yes Master! contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Yes Master! are protected by copyright. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download, print, or save copyrighted material for User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without our express permission and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that User does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on Yes Master! or otherwise owned or operated in conjunction with Yes Master! shall not be deemed to be in the public domain but rather our exclusive property.

18.3 The User shall not upload, post or otherwise make available on Yes Master! any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of Yes Master!, the User warrants that the owner of such material has expressly granted Yes Master! the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The User also permits any other User to access, view, store or reproduce the material for that User’s personal use. The User hereby grants Yes Master! the right to edit, copy, publish and distribute any material made available on Yes Master! by the User.

19 MISCELLANEOUS

 

19.1 Force Majeure: We shall not in any way be liable to you for any delay or non-performance of any of its obligations under this Agreement arising in whole or in part from any Act of God, civil commotion, strike, industrial dispute, war, war-like hostility, change in legislation, or other calamity or circumstances whatsoever beyond our control.

 

19.2 Relationship: The parties acknowledge and agree that we are acting as an independent contractor and that this Agreement does not create any partnership, joint venture, agency, or enterprise between us.

 

19.3 Entire Agreement: This Agreement contains all the terms agreed between us regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.

 

19.4 Preservation of rights: No waiver by us of any breach or default in performance of the provisions of this Agreement shall be deemed a waiver of such provisions or our right of thereafter enforce such provisions or any other provisions of this Agreement.

 

19.5 Severing anything invalid: The invalidity or unenforceability of any term of or right arising pursuant to this Agreement shall not adversely affect the validity or enforceability of the remaining terms and rights.

 

19.6 Assignment: You may not assign, transfer, charge or otherwise any right, benefit or interest under this Agreement nor transfer, novate or sub-contract any of your obligations under it. We shall have the right to assign or otherwise delegate all or any of our rights or obligations to any person under this Agreement.

 

19.7 Interpretation : The headings to and within clauses of this Agreement are for convenience and reference only and do not form a part of this Agreement and shall not in any way affect the interpretation of this Agreement.

 

19.8 No other terms : Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

19.9 Third party rights : All provisions of this Agreement apply equally to and are for us, our subsidiaries, any of our holding companies, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).

19.10 Survival : In any event, the provisions of Clauses 1, 2, 6, 11, 15, 16, 18 and 19 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use Yes Master! or its Service again, then the provisions of the terms and conditions that then apply will govern your re-use of Yes Master! or Service. In the event you use Vouchers bought under this Agreement, then those provisions applicable to Vouchers will survive termination of this Agreement.

 

19.11 Law and jurisdiction : This Agreement shall be governed by and construed in accordance with the laws of Hong Kong and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Hong Kong.