Terms and Conditions
Terms and Conditions
This platform (“Platform”) is operated and maintained by Cloudian International (Hong Kong) Limited (“Coverbase”). These Terms and Conditions form a legally binding agreement between the users of this platform (“User”) and Coverbase, which governs your access to, and use of any services through the Platform.
If you do not agree to be bound by these Terms and Conditions, please do not access or use the Platform.
Coverbase Service and Subscription Plan
- Coverbase provides a range of services for Users to enjoy through this Platform, which may include:
- AI Smart Tools: provide artificial intelligence smart tools for Users;
- API Development: enable Users to connect with external applications;
- Business Intelligence: provide information, contents, materials and/or statistics with Coverbase’s technologies;
- Collaboration: enable Users to permit designated Users to access, upload, store, share, edit and/or delete information, contents and materials on the Platform;
- Cybersecurity Check: provide tools to ensure cybersecurity protection;
- Legal Healthcheck: provide information on relevant laws and ordinances based on the keywords and instructions provided by the User;
- Message Hub: provide a channel for Users to chat and communicate with third parties;
- Renewal Reminders: keep track of the expiry of insurance policies and other documents; and
- Third-Party Integration: enable Users to connect and integrate with third-party software or applications.
- Some of the Coverbase Services are provided to Users free-of-charge and some are subject to advance payment of a periodical subscription. Please click here (https://www.coverbase.io/web/en/price-en/) for details.
- Coverbase shall have the absolute right and discretion to amend, change, suspend or discontinue any free Coverbase Service at any time without prior notice to the User. Any updates will be available on Coverbase’s website.
Registration and Sign-up
- The User shall only allow employee, director, staff or representative duly authorized by the User to register and sign up for an account on the Platform. The User shall be responsible to keep its account log-in details confidential and shall not disclose the same to any unauthorized employee, director, staff, representative or any third party. Coverbase shall not be liable for any unauthorized access.
- The User hereby acknowledges and agrees that all fees paid are non-refundable.
- The pricing information of any Coverbase Service contained on the Platform only reflects the current pricing. Such pricing will be changed or revised from time to time without any prior notice to the User. Any updates will be available on Coverbase’s website. Please check the updated pricing before making any purchases.
- Coverbase only accepts payment through the payment gateway(s) prescribed on the Platform. By making an online payment, the User is deemed to have accepted the separate sets of terms and conditions of the relevant payment gateway and authorizes such payment gateway to deduct fees of the subscription plan per period from its designated payment method.
- The relevant payment gateway may deduct administrative fees and/or other processing fees from the User. Coverbase shall not be responsible for the said fees which the User shall be solely responsible for.
- Coverbase shall not be liable for any losses, damages, costs, and expenses suffered by the User arising out of or in connection with (i) any act, default, omission, or negligence of the relevant payment gateway; and/or (ii) the closure or suspension of it.
- Unless Coverbase has received the User’s instructions to upgrade, downgrade or terminate any subscription plan, the current subscription plan will be automatically renewed upon expiry of each subscription period on the same terms at the then prevailing pricing.
- If the User wishes to upgrade, downgrade or terminate any subscription plan, the User shall follow the prescribed steps on the Platform to do so at least one (1) day prior to the expiry of the current subscription plan, otherwise the current plan will be automatically renewed.
- The User hereby acknowledges and agrees that the relevant payment gateway will deduct from the User’s designated payment method for the payment of the renewal term without prior notice.
Use of the Platform
- If a User wishes to supply, upload to and/or store any information, contents and/or materials (“User Materials”) owned by a third party on the Platform, the User hereby represents and warrants that it is duly authorized by such third party to do so.
- The User shall at all times strictly comply with the Acceptable Use Policy and shall not use the Platform to conduct any unlawful activities and/or in any way interfere with the operation of the Platform.
- The User hereby acknowledges and agrees that the User shall be responsible for any breach of the Acceptable Use Policy or unlawful use of the Platform by its authorized employee, director, staff or representative.
- Coverbase is entitled to remove any User Materials which in Coverbase’s reasonable belief may violate any law and/or the Acceptable Use Policy without any compensation. However, Coverbase will not actively, and shall not assume responsibility to review any User Materials.
Intellectual Property Rights
- “Intellectual Property Rights” means existing and future intellectual property rights in whatever formats, including but not limited to (i) copyrights, patents, patent rights, inventions (whether patentable or not) and related rights; (ii) trade names, trademarks, domain names, logos, get-ups, business names, service marks, symbols, slogans; (iii) URLs, websites, webpages and any part thereof; (iv) technical information, know-how, methods, trade secrets, source codes, codes, software, utility models, drawings, plans, designs, design rights, specifications, proprietary data, customer lists, databases, protocols, technology, formulas, algorithms and other intellectual property of a similar nature; and (v) goodwill symbolized or represented by the foregoing; in each case whether registered or unregistered and including any applications for registration and any renewal and extension of the any foregoing.
- The User hereby acknowledges and agrees that by supplying, uploading to and/or storing any User Materials on the Platform, the User grants (or is authorized by the relevant Intellectual Property Rights owner to grant) Coverbase an irrevocable, perpetual, worldwide, unrestricted and royalty-free licence to produce derivative works (including but not limited to statistics) based on the User Materials, provided that such derivative works are anonymous and shall not contain any personally identifiable information.
- The User hereby acknowledges and agrees that Coverbase is the sole owner of the Intellectual Property Rights in relation to the Platform and every aspect of the Coverbase Service, including but not limited to the derivative works of the User Materials and Coverbase shall have the absolute right to sell, assign, copy, reproduce, transmit, distribute, display or use them for whatever purposes without obtaining the consent of any User and/or the owner of the User Materials.
- Unless otherwise agreed by Coverbase in writing, the User shall not use, sell, assign, modify, copy, reproduce, transmit, distribute and/or display any Intellectual Property Rights owned by Coverbase.
- Any clauses under this section (Intellectual Property Rights) shall survive termination of these Terms and Conditions and/or the User Account for whatsoever reasons.
Representations and Warranties
- The User hereby represents, warrants and undertakes to Coverbase that:
- the User has full power and authority to enter into these Terms and Conditions and these Terms and Conditions constitute valid and binding obligations on the User;
- to the best of the User’s knowledge, the User’s use of the Platform will not violate any applicable law or regulation; and
- the User has not entered into or given effect to any agreement or arrangement restraining it from using the Platform.
Limitation of Liability and Disclaimers
- The Platform is provided on an “as-is” and “as-available” basis. Coverbase disclaims warranties of any kind, whether express or implied, including but not limited to merchantability, non-infringement and fitness for a particular purpose. The User uses the Platform at the User’s own risk.
- Coverbase does not represent and warrant that the Platform is error-free, defect-free or virus-free. While Coverbase will use its reasonable endeavours to ensure uninterrupted access to the Platform, access to the Platform may be suspended, restricted and/or terminated at any time for the purposes of repair, maintenance and/or the introduction of new features and/or services.
- Coverbase does not represent and warrant the integrity and completeness of the User Materials stored on the Platform. The User is strongly advised to back up all important User Materials.
- All information, contents and materials made available by Coverbase on the Platform (“Coverbase Materials”) are for reference only. Coverbase does not represent and warrant the accuracy or completeness of the Coverbase Materials.
- The Coverbase Materials may include information, contents, materials and/or statistics generated by artificial intelligence, which do not represent Coverbase’s view or endorsement.
- Nothing contained on the Platform shall constitute any professional, financial, legal, insurance, or any other advice on otherwise aspects. If the User requires such advice, the User shall seek assistance from qualified professionals in the relevant field.
- The User hereby acknowledges and agrees that nothing contained on the Platform shall be regarded as a recommendation, invitation or inducement by Coverbase to:
- make an application or enter into any contracts and/or insurance policies;
- renew, cancel, terminate, surrender or assign any contracts and/or insurance policies;
- exercise any right under any contracts and/or insurance policies;
- change any terms or conditions of any contracts and/or insurance policies; and/or
- make any settlement in relation to any contracts and/or insurance policies.
- To the maximum extent permitted by law, Coverbase shall not be liable for any loss and damage (including loss of profits or indirect, consequential, incidental, special, exemplary, or punitive loss or damage), howsoever caused, suffered or incurred by User arising from or in connection with: (a) the User’s access to, or use of or inability to access or use any Coverbase Service or the Platform; (b) any decision or action taken by the User in reliance on any Coverbase Materials; and/ or (c) any error or defect in the Platform.
- The User shall fully indemnify Coverbase, its directors, officers, employees, agents, service providers, subsidiaries, and affiliates, and hold each of them completely harmless, from and against all actions, claims, demands obligations, debts, proceedings, liabilities, losses, damages, costs and expenses (including legal fees) which Coverbase suffered or incurred howsoever arising out of or in connection with any breach, non-performance or non-compliance of these Terms and Conditions and/or the Acceptable Use Policy on the part of the User or based on the acts, defaults, omission or negligence of the User in connection with the use of the Platform.
Termination and Suspension of an account
- Coverbase has the absolute right to suspend or terminate the User’s account at any time without prior notice and/or any compensation if Coverbase has a reasonable belief that the User uses the Platform for any unlawful purpose, or is in breach of any provisions of these Terms and Conditions and/or the Acceptable Use Policy.
- The User hereby acknowledges and agrees that unless the User has removed or deleted (or requested Coverbase in writing to remove or delete) the User Materials from the Platform, the User Materials may remain to be stored on the Platform after the closure of an account and/or termination for whatsoever reasons.
- The Platform may contain third-party resources, including but not limited to any external websites, software and “Message Hub” where the User communicates with a third party via the Platform (“Third Party Resources”).
- The User hereby acknowledges that Coverbase has no control over, and makes no representations of any kind with respect to, the Third Party Resources, and Coverbase shall not be liable for any loss or damage suffered by the User in connection with the use of the Third Party Resources.
- The User hereby acknowledges that the availability of any Third Party Resources does not constitute any recommendation or endorsement by Coverbase. Coverbase is not responsible for the availability of these Third Party Resources nor their information, contents, and/or materials.
- These Terms and Conditions embody all the terms and conditions agreed upon between the Parties as to the subject matter of the Terms and Conditions and supersede and cancel in all respects any previous correspondence, understandings, and agreements between the Parties with respect to the subject matter hereof, whether such be written or oral.
- If any of the provisions in these Terms and Conditions are deemed invalid, illegal, prohibited, void, or unenforceable, such provisions will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
- A person who is not a party to these Terms and Conditions shall have no rights to enforce these Terms and Conditions under the Contracts (Rights of Third Parties) Ordinance (Cap. 623).
- These Terms and Conditions are governed by and shall be construed in all respects in accordance with the laws of Hong Kong and all the Parties hereto hereby submit to the exclusive jurisdiction of the Hong Kong courts in connection with any matters arising hereunder.
- The User hereby acknowledges and agrees that Coverbase shall the right to amend or modify these Terms and Conditions from time to time. Any changes will be reflected by an update of these Terms and Conditions. Continued use of the Platform will constitute deemed acceptance of any amendments, the User shall check the updated versions from time to time.
- If the User has any concerns about the use of the Platform, please contact Coverbase at email@example.com.
Last updated: 17/04/2023