Terms of Service

1. Definitions and Interpretation

In these Terms of Service, unless the context otherwise requires, the following definitions apply:

Company refers to Big Data Fin Limited, also referred to as Big Data Fin, we, us, or our.

Services refers to all computer systems design, systems integration, data engineering, cloud infrastructure, security engineering, technology advisory, and related consulting services provided by the Company, whether delivered on-site, remotely, or through digital means.

Website refers to the website located at bigdatafin.mom and all subdomains, pages, and content contained therein.

User, you, and your refer to any individual or legal entity that accesses the Website or engages the Services of the Company.

Content refers to all text, images, graphics, code, data, designs, documentation, and other materials displayed on, transmitted through, or generated by the Website and the Services.

Agreement refers to these Terms of Service together with any applicable Service Agreement, Statement of Work, or other contractual document executed between the parties.

2. Eligibility and Authority

By using the Website or engaging our Services, you represent and warrant that you are at least eighteen years of age and have the legal capacity to enter into this Agreement. If you are using the Website or Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service.

We reserve the right to refuse service, terminate accounts, or restrict access to the Website at our sole discretion, without prior notice, if we determine that a user has violated these terms, provided false information, or engaged in conduct that we deem harmful to our interests or the interests of other users.

3. Website Use and Access

The Website is provided for informational purposes and as a means for potential clients to learn about our Services and to contact us. Access to the Website is permitted on a temporary basis, and we reserve the right to modify, suspend, or discontinue any aspect of the Website at any time without prior notice.

You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit the use and enjoyment of the Website by any third party. Prohibited activities include but are not limited to: using the Website to transmit or distribute viruses, malware, or any other harmful code; attempting to gain unauthorized access to the Website, its servers, or any connected databases; using any automated means such as robots, spiders, or scrapers to access or extract data from the Website without our express written permission; and engaging in any activity that imposes an unreasonable or disproportionately large load on our infrastructure.

We do not guarantee that the Website will be available at all times, error-free, or free from viruses or other harmful components. You are responsible for configuring your information technology systems and software to access the Website, and you should use your own virus protection software.

4. Engagement of Services

The provision of our Services is governed by a separate Service Agreement or Statement of Work executed between the Company and the client. These Terms of Service apply to all Service engagements unless expressly modified by the terms of the applicable Service Agreement.

All proposals, quotations, and estimates provided by the Company are valid for the period stated therein and are subject to change based on changes in project scope, requirements, or timeline. Any engagement is subject to the Company's acceptance, which may be conditioned on satisfactory completion of due diligence, credit checks, or other preliminary assessments.

The Company reserves the right to decline any engagement or project at its sole discretion. The Company further reserves the right to suspend or terminate the provision of Services in the event of non-payment, breach of agreement, force majeure events, or any other circumstance that makes the continued provision of Services commercially unreasonable or legally inadvisable.

5. Intellectual Property Rights

All Content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design and arrangement thereof, is the exclusive property of the Company or its content suppliers and is protected by Hong Kong and international copyright, trademark, and other intellectual property laws.

The Big Data Fin name, the BigDataFIN logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company.

With respect to Services delivered to clients, ownership of intellectual property rights in deliverables, custom software, system designs, and other work product shall be as specified in the applicable Service Agreement. Unless otherwise agreed in writing, the Company retains all rights, title, and interest in its pre-existing tools, methodologies, frameworks, and know-how utilized in the delivery of Services.

You may print or download extracts from the Website for your personal, non-commercial use, provided that you do not modify any Content, remove any copyright or proprietary notices, or use any illustrations, photographs, or graphics separately from accompanying text.

6. Confidentiality

In the course of our engagement, the Company may receive confidential information from clients, including business plans, technical specifications, trade secrets, financial data, and other proprietary information. The Company agrees to maintain the confidentiality of all such information and to use it solely for the purpose of providing the agreed Services.

Confidential information does not include information that is or becomes publicly available through no breach of this Agreement; was already in the receiving party's possession without confidentiality obligations at the time of disclosure; is independently developed by the receiving party without use of or reference to the disclosing party's confidential information; or is rightfully obtained by the receiving party from a third party without breach of any confidentiality obligation.

The obligations of confidentiality under this section shall survive the termination of this Agreement and any Service Agreement for a period of five years, or indefinitely in the case of trade secrets.

7. Limitation of Liability

To the fullest extent permitted by applicable law, the Company, its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of business, loss of data, loss of goodwill, business interruption, or computer failure or malfunction, arising out of or in connection with the use of the Website, the engagement of Services, or this Agreement, regardless of the legal theory under which such damages are sought, whether in contract, tort (including negligence), strict liability, or otherwise, even if the Company has been advised of the possibility of such damages.

The Company's total aggregate liability arising out of or in connection with any Service engagement, whether in contract, tort, or otherwise, shall be limited to the total fees paid by the client to the Company under the applicable Service Agreement during the twelve-month period immediately preceding the event giving rise to the claim.

Nothing in these Terms of Service shall exclude or limit the Company's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be lawfully excluded or limited under applicable law.

8. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, affiliates, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms of Service; your use of the Website or Services in a manner not authorized by these terms; your infringement of any third-party intellectual property or other rights; or your breach of any applicable laws or regulations.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.

9. Third-Party Content and Links

The Website may contain links to third-party websites or resources that are not owned or controlled by the Company. These links are provided for your convenience only. The Company has no control over, and assumes no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or resources. You acknowledge and agree that the Company shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party website or resource.

Any dealings you have with third parties found through the Website, including payment and delivery of goods or services, are solely between you and the third party. The Company is not a party to such dealings and shall not be responsible for any aspect of such dealings.

10. Termination

These Terms of Service shall remain in full force and effect while you use the Website or receive Services from the Company. The Company may terminate or suspend your access to the Website and any Services at any time, with or without cause, with or without notice, effective immediately.

Upon termination, all rights granted to you under these Terms of Service shall immediately cease. Any provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property, confidentiality, limitation of liability, indemnification, and governing law.

If you wish to terminate your agreement with the Company, you may do so by ceasing to use the Website and by providing written notice of termination of any active Service engagements in accordance with the terms of the applicable Service Agreement.

11. Disclaimer of Warranties

The Website and all Content, materials, and information contained therein are provided on an as is and as available basis without any representations, warranties, or conditions of any kind, either express or implied. To the fullest extent permitted by applicable law, the Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade.

The Company does not warrant that the Website will be uninterrupted, timely, secure, or error-free; that any defects or errors will be corrected; that the Content is accurate, complete, or reliable; or that the Website or the servers that make it available are free of viruses or other harmful components.

Any reliance you place on the Content or information on the Website is strictly at your own risk. The Company shall not be liable for any loss or damage arising from your reliance on any Content or information obtained through the Website.

12. Governing Law and Dispute Resolution

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms of Service, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation within thirty calendar days, either party may refer the dispute to mediation administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with its mediation rules.

If the dispute is not resolved through mediation within sixty calendar days of the referral to mediation, either party may refer the dispute to arbitration administered by the HKIAC in accordance with its arbitration rules. The seat of arbitration shall be Hong Kong, and the language of the arbitration shall be English. The arbitral award shall be final and binding on both parties.

Notwithstanding the foregoing, the Company shall be entitled to seek injunctive relief or other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, confidential information, or other proprietary interests.

13. General Provisions

Entire Agreement: These Terms of Service, together with any applicable Service Agreement, constitute the entire agreement between you and the Company regarding the use of the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

Severability: If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Waiver: No failure or delay by the Company in exercising any right, power, or privilege under these Terms of Service shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms of Service without the prior written consent of the Company. The Company may assign or transfer any of its rights or obligations under these Terms of Service without restriction.

Force Majeure: The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms of Service caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, epidemic or pandemic, labor disputes, utility failures, Internet or telecommunications disruptions, or supplier failures.

Notices: All notices required or permitted under these Terms of Service shall be in writing and in English. Notices to the Company shall be sent to: Big Data Fin Limited, Rm B, 16/F, Eubank Plaza, 9 Chiu Lung Street, Hong Kong, or by email to chat_us@bigdatafin.mom. Notices to you may be sent to the email address or postal address you have provided to us.