Terms of Use

Conditions of the Use of Materials available on the Boatman Website and Mobile Application
 

Boatman Technology Limited  (hereinafter referred to as "Boatman") website or mobile application processes such content (hereinafter referred to as "data") for all purposes contemplated. Anyone who wishes to use the information for any purpose must obtain prior written authorization from Boatman, otherwise the data is strictly prohibited from being used for any purpose:

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1. The authorisation only applies to the use of the Materials, the intellectual property rights in which are owned by the Boatman.
    

2. The Materials, including but not limited to author attribution, trade mark or legend, must be reproduced accurately and must not be used in a misleading context or in any manner adversely affecting the moral rights of the Boatman.
    

3. In all copies made by you including but not limited to paper copies, digital copies and copies placed on other media:
   (a) The Boatman must be acknowledged as the intellectual property rights’ owner of the Materials;
   (b) You must acknowledge that the Materials are part of the website. https://www.boatman.com.hk or mobile application and that the website is published by the Boatman; and
   (c) The Intellectual Property Rights Notice and the Conditions herein must be reproduced.
    

4. You shall indemnify the Boatman against all costs, losses, damages and liabilities of whatsoever nature arising directly or indirectly from any allegations or claims that your use, reproduction and/or distribution of the Materials infringe any rights including but not limited to the intellectual property rights of any person.
    

5. Disclaimer: The information contained in this website or mobile application is compiled by the Boatman for general information only. Whilst the Boatman endeavours to ensure the accuracy of this general information, the Boatman (including its servants and agents) makes no warranty, statement or representation, express or implied, with respect to the accuracy, availability, completeness, non-infringement, reliability, security, timeliness, appropriateness or usefulness of the information, contained herein, and in so far as permitted by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, shall not have any legal liability (including but not limited to liability for negligence), obligation or responsibility for any loss, destruction, damages, injury or death. Howsoever arising out of or in connection with any use or misuse of or reliance on the information or inability to use such information.
    

6. The Boatman does not warrant or represent that any information transmitted from this website or mobile application is free of computer viruses. You are advised to perform virus scanning before using the information. The Boatman shall not be held liable for any loss, destruction or damages howsoever arising out of or in relation to any transmission from this website or mobile application over the Internet or all other any channels.
    

7. The Boatman reserves the right to omit, delete, suspend or edit, all information compiled by the Boatman in this website or mobile application at any time in its absolute discretion without giving any reason or prior notice. Users are responsible for making their own assessment of all information contained in this website or mobile application and are advised to verify such information by making reference, for example, to original publications and obtaining independent advice before acting upon it.
    

8. Intellectual Property Rights Notice: All contents contained in this website or mobile application, including but not limited to all data, maps, text, graphics, drawings, diagrams, photographs, videos and compilation of data or other materials (the “Materials”) are subject to the intellectual property rights which are either owned by the Boatman Technology Limited (the “Boatman”) or have been licensed to the Boatman by the intellectual property rights’ owner(s) of the Materials to deal with such Materials for all the purposes contemplated on this website or mobile application. The use of the Materials for any purposes should be obtained and agreed from the Boatman. For enquiries, please contact the Boatman by email (hello@boatman.com.hk).
    

9. Sale or exchange of any part of the Materials for any benefit, gain, profit or reward by you is absolutely prohibited in all circumstances.
    

10. You shall not in any circumstances acquire any intellectual property rights in the Materials.
     

11. You shall not, by making use of the Materials, defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
     

12. You shall not use the Materials in any inappropriate, defamatory, obscene, or unlawful manner.
     

13. You shall not use the Materials in connection with other contents or materials that may infringe the intellectual property rights or in any manner that may adversely affect any rights of any person.
     

14. You are not permitted to build hyperlink to this website or mobile application by surface linking provided that your website shall not present the Materials as your own, or otherwise misrepresent the Materials, or misinform any users about the origin or ownership of the Materials.
     

15. The Boatman does not permit a website / mobile application / publication / product / service to build hyperlink to this website or mobile application or to reproduce the Materials if it contains any material which is libellous, defamatory, pornographic, obscene, or is in any way in breach of the laws of Hong Kong or local or infringes any intellectual property rights and moral rights of any person. The Boatman may, in its sole discretion, require any website / mobile application / publication / product / service to remove any hyperlink to this website or mobile application or any reproduced Materials at any time.
     

16. The "Conditions" may be revised and/or amended from time to time by the Boatman without prior notice to any person. You shall check the "Conditions" regularly for any revisions and/or amendments which may be made.
     

17. The Boatman reserves the right to withdraw any permission given herein at any time without any prior notice to you.

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Conditions of the Use of Boatman Plus Mobile Application

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1. Boatman Plus Subscription

Boatman Plus is a subscription programme that allows you to receive services (as defined below) up to the limit stipulated by the plan you subscribe to, and for register made via Boatman’s App subject to the Terms and Conditions (“Boatman Plus T&Cs”) below.

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2. Eligibility

You can sign up for Boatman Plus via the App if you are 18 years of age or older and a holder of a valid credit card. Boatman Plus is available to personal accounts and corporate accounts.

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3. Add Boatman Plus Function

3.1 You understand and agree that Boatman is not liable in any way for erroneous billing statements or incorrect charges, and that in the event of a billing error that is caused by Boatman, our only responsibility is to correct such billing error or incorrect charges within a reasonable time of us receiving notice of the error.

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3.2 Once the subscription fee has been successfully paid to Boatman, it is non-refundable.

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3.3 Your Boatman Plus subscription period is based on the plan period selected during signup and will continue until expiry of such period. If, however, you update your Payment Method (as defined) during specified billing cycle, your Boatman Plus subscription plan will be automatically renewed into the then-current subscription plan.

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3.4 You will gain access to your services only after you have successfully paid the Subscription Fee and complied with all other applicable requirements to register an account on the Platform, and after you have successfully paid the subscription fee and complied with all other applicable requirements to register an account on the Platform. If the Order is not successfully delivered, your Boatman Plus subscription plan will not come into effect.

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3.5 Boatman may, at its sole and absolute discretion, offer Surprise Perks (as defined below) to certain selected customers from time to time. The use of any such Surprise Perks is subject to its then-current terms and conditions stated therein.

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3.6 Your plan is non-transferrable and you shall not share plan and/or services with other users.

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3.7 The exact type of services that you will receive will be as stated at the time of subscription, and may be revised from time to time. Further information about the services may be found under the Boatman Plus subscription page on the Platform.

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3.8 You may cancel your plan at any time by accessing the unsubscribe link in your account. If you encounter any issues, you may also reach out to our customer service to cancel your plan.

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3.9 Once you cancel your plan, you will still continue to be able to use your services until the end of the subscription period. For free trial, you will not be able to use your services forthwith once you cancel the free trial.

3.10 Boatman will not make any partial or full reimbursements for subscriptions cancelled prior to the expiry of the subscription period.

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3.11 Boatman may at its sole and absolute discretion terminate your plan if we become aware or strongly believe that you have breached these Terms.

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3.12 We reserve the right to change the plans and/or services on Boatman Plus at any time. Any such changes will be communicated to you with reasonable notice in advance through posting on our App, e-mail or any other way of communication we deem appropriate, whereby such changes will take effect on the next renewal, if not communicated otherwise.

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4. Signing Up

Boatman Plus is available to all customers to sign up. Please tap on your Boatman application settings and select ‘Upgrade to Boatman Plus” to sign up. You will have to input your selected payment solution details in order to subscribe to the plans. For corporate accounts, please reach out to our Boatman for business team at hello@boatman.com.hk.
 

5. Subscription Period

Your Boatman Plus subscription period is based on the plan period selected during signup and will automatically renew at the end of plan period unless cancelled or terminated in accordance with these terms and conditions. You can sign up at any time during the month, e.g. if you sign up for a monthly plan on the 3rd February, your subscription will renew on the 3rd of March of that year, and so on. If you sign up for a 12-month plan on 3rd of February, your subscription will renew on the 3rd of February of next year.
 

6. Subscription Fees

The subscription fee to be paid will be shown to you at the time of subscription for all available plans. Your periodic instalments will be charged to the payment method you have selected at the time of sign up for Boatman Plus and at the end of the period of the plan for renewal. If any payment due fails, your subscription will be cancelled and you will need to subscribe again in order to receive the services.

We reserve the right to adjust the subscription fee on Boatman Plus at any time. Any price adjustment to your Boatman Plus subscription will be communicated to you with reasonable notice in advance through posting on our App, e-mail or any other way of communication we deem appropriate, whereby price adjustments will take effect on the next renewal cycle, if not communicated otherwise.

From time to time, we may offer an introductory plan of our Boatman Plus subscription at discounted pricing. You shall be required to pay the full Boatman Plus subscription fee at the end of the introductory plan period. If you do not want to automatically pay the full Boatman Plus subscription fee, you must cancel your subscription. You can cancel the introductory plan subscription at any time before its expiry by logging into your Boatman customer account or your Apple or Google account subscription module.
 

7. Application of Platform Terms

In addition to the above Boatman Plus T&Cs, the Terms and Conditions for the use of the Platform and our Privacy Policy shall continue to apply and incorporated by reference herein.

8. Cancellation

You can cancel your subscription at any time, however the cancellation will be effective only at the next renewal date as per the plan duration. In order to cancel your subscription, you need to go to your customer account under “My subscription” and click or tap on “I would like to unsubscribe”. Once you cancel your subscription, you will continue to be able to use your services until the end of your next renewal date. For free trial, you will not be able to use your services forthwith once you cancel the free trial.

We will not make prorated reimbursements for subscriptions cancelled prior to the end of your current subscription period.

We have the right to terminate or suspend your subscription at any time in our sole discretion if we consider your use of the subscription to be unacceptable, or in the event of any breach by you of the Boatman Plus T&C, we may, but shall be under no obligation to, provide you a warning prior to termination of your use of the subscription.
 

9. Fair Use Behaviour

If we become aware or strongly believe that you are in violation of the Boatman Plus T&Cs, e.g. for cases where we believe that you are sharing your account with others, in order to allow them to make use of your Boatman Plus subscription, we may in our sole discretion immediately terminate your Boatman Plus subscription.

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10. Amendment

We reserve the right to amend any part or the whole Boatman Plus T&Cs at any time at our sole discretion.

We shall notify you about changes to the Boatman Plus T&C in text form (e.g. by e-mail) at least two weeks before the changes will come into force. The notification of change will contain a reference to your possibility to object and the relevant objection period, as well as the meaning or consequences of omitting an objection.

If you do not cancel your subscription to Boatman Plus within two weeks following the notification of change, you shall be deemed to have accepted the amended Boatman Plus T&Cs. In the event of objection in due time, both parties have the right to terminate the contractual relationship.

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11. Prevailing Language

In the event of a dispute as to the Boatman Plus T&Cs, the English version shall prevail. The English language version of these terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.

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Updated as at: 1st May 2024