Terms of Service

This T&C applies to your access to and use of the websites, mobile apps, widgets, and other online products and services (collectively, the “Services”) provided by Yesports, with its IP and brand being registered by Yesports Media Limited. (“Yesports”, “we” or “us”).

Yesports reserves the right to vary the T&C at any time without prior notice and at its sole discretion.

1.    Use of the Services

Yesports grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these T&C. We reserve all rights not expressly granted to you by these T&C.

Except as permitted through the Services or as otherwise permitted by us in writing, you agree not to misuse the Services or help anyone do so. For example, you must not even try to do any of the following in connection with the Services:

• licence, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
• breach or otherwise circumvent any security or authentication measures;
• access, tamper with or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
• interfere with or disrupt any user, host or network, for example by sending a virus, overloading, flooding, spamming or mail-bombing any part of the Services;
• access, search or create accounts for the Services by any means other than our publicly supported interfaces (for example “scraping” or creating accounts in bulk);
• send unsolicited communications, promotions or advertisements, or spam;
• send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
• promote or advertise products or services other than your own without appropriate authorisation;
• modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
• access the Services or Content in order to build a similar or competitive website, product, or service

We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

Creating multiple accounts to evade punishment, avoid restrictions or for any forms of benefits for any individuals or parties is prohibited.

2.    Your Yesports Account and Account Security

In some occasions, you may be required to create a Yesports account (“Your Account”) and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy.

You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. You must maintain the security of Your Account and promptly notify Yesports if you discover or suspect that someone has accessed Your Account without your permission. We recommend that you use a strong password that is used only with the Services.

You will not license, sell, or transfer Your Account without our prior written approval.

3.    Your Content

The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to the Services by you or through Your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.

By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these T&C. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

You retain any ownership rights you have in Your Content, but you grant Yesports the following license to use that Content:

When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Yesports. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

Any ideas, suggestions, and feedback about Yesports or our Services that you provide to us are entirely voluntary, and you agree that Yesports may use such ideas, suggestions, and feedback without compensation or obligation to you.

Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these T&C, a violation of our Content Policy, or if you otherwise create liability for us.

4.    Content Policy

Content is prohibited if it

• infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
• is illegal;
• is involuntary pornography;
• is sexual or suggestive content involving minors;
• encourages or incites violence;
• promotes self-harm, eating disorders or hard drug abuse;
• is hateful, defamatory, or discriminatory or threatens any individual or group;
• threatens, harasses, or bullies or encourages others to do so;
• is personal and confidential information;
• impersonates someone in a misleading or deceptive manner;
• uses our Services to solicit or facilitate any transaction or gift involving certain goods and services;
• promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
• is spam.

5.    Enforcement

We reserve the rights to enforce our rules without further notice, by different methods including, but not limited to:

• Temporary or permanent suspension of accounts;
• Removal of content;
• Banning of users

6.    Yespoint

1. Yespoint is a point accumulation and reward programme created, used and monitored by Yesports.  Yesports Account holders are entitled to earn, accumulate, redeem Yesports within the Yesports platforms per terms & conditions stated below.
2. Yesports reserves the right to make appropriate changes to any accrued points reward (“Yespoint”) with respect to the Yespoint system at any time in its sole and absolute discretion.
3. While it is not the current practice, we reserve the right to remove any account(s) or data from the Yespoint system at any time, for reasons including, but not limited to ones listed in this T&C, in our sole discretion, and without notice.
4. Yesports reserves the right to vary/amend the privileges or terms & conditions without prior notice. Yesports may change the Yespoint cost for the products in Yespoint Shop from time to time. No advance notice will be required for Yespoint cost alterations and promotions.
5. Yespoints are non-refundable and cannot be exchanged for cash in part or full and is valid for a single transaction only.
6. In the event of any dispute, the decision of Yesports is final.
7. No extension of the expiry date from the date of issue will be allowed.
8. Yespoint expires on (HKT) 23:59 of the expiry date.

7.    Indemnity

Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our licensors, our third party service providers and our officers, employees, licensors, and agents (the “Yesports affiliates”) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these T&C, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

8.    Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YESPORTS, ITS LICENSORS, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. YESPORTS DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE YESPORTS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.    Limitation of Liability

IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL YESPORTS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF YESPORTS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

10. Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

• you’re in breach of these T&C;
• your use of the Services in a manner that would cause a real risk of harm or loss to us or other users.

We’ll provide you with reasonable advance notice via the email address associated with Your Account to remedy the activity that prompted us to contact you and give you the opportunity to export your stuff from our Services or redeem your gifts from Yespoint shop. If after such notice, you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

We won’t provide notice before termination where:

• you’re in material breach of these T&C;
• doing so would cause us legal liability or compromise our ability to provide the Services to our other users; or
• we’re prohibited from doing so by law.

11. Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond Yesports’ control or to comply with a legal requirement.

T&C is last updated February 8, 2023.

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Privacy Policy

The Privacy Policy (“Privacy Policy”) is intended to inform you of our policies and practices regarding the collection, use and disclosure of your personal information and other information you submit to us through Yesports Media Limited (“Yesports”).

Please read this Privacy Policy carefully and review it periodically for the latest information and amendments about our privacy practices. By using Yesports, you agree to the terms and conditions of this Privacy Policy (which is incorporated into and forms a part of the Yesports General Terms & Conditions (“General Terms and Conditions”).

1. Collection of Information

We are committed to protecting your privacy. We will only use the information we collect about you lawfully and in accordance with this Privacy Policy.

Please note that the use of Yesports by you is subject to this Privacy Policy and the General Terms and Conditions. Unless otherwise stated, the abbreviations and definitions used in this Privacy Policy are same as the General Terms and Conditions.

This Privacy Policy explains what information we collect on Yesports, how we use and/or share this information, and how such information is maintained. By using Yesports, you signify your acceptance of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, in whole or in part, you should not continue to use Yesports. In other words, your continued use of Yesports, after changes to the Privacy Policy are posted constitutes your acknowledgement and acceptance of this Privacy Policy and its changes. Please note that this Privacy Policy applies only with respect to the information collected on Yesports but not any information collected or obtained through any other methods or sources.

This Privacy Policy ensures that any information you provide us remains private and secure. We will not collect sensitive information about you without your explicit consent. You may check your personal information you remain with us by contacting us and paying us an administrative fee for retrieving your personal information for you.

2. Personally Identifiable Information

We collect the personally identifiable information (“PII”) submitted by you during your Registration or in response to specific information requests explicitly presented to you.

We collect also your Internet Protocol (“IP”) address to help diagnosing problems with our server, and to administer Yesports. An IP address is a number that is assigned to your computer when you access Yesports. Your IP address is used to help identifying you during a particular session and to gather broad demographic data.

We may ask for your e-mail address during your interaction with Yesports. To purchase Vouchers, you may be requested to provide any or all of the following PII: first and last name, address, e-mail address, date of birth, telephone number and details of a payment method, such as credit card particulars or any other necessary or otherwise information enabling us to better serve you.

3. Use and Sharing of PII

All PII is retained and used by us in accordance with the Data Protection Principles and other applicable data protection laws in Hong Kong.

The use of your PII is to provide you properly with the information about Yesports and its Services. It is our policy not to sell or pass any PII to any other organizations (not within our group of companies) unless we are required to do so by laws or for fraud prevention and detection. We assure you that except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share your PII to anyone else for their marketing purposes without your consent.

However, we may pass your PII to our employees, affiliates, agents, vendors, contractors and subcontractors to help us with any of our uses of your data set out in this Privacy Policy. For example, we may use third parties to provide us with marketing or customer service assistance or send it to a credit card provider to process a payment. Our third party online payment system collects and records your first payment information, which will be recorded for future reference, and transmitted directly to the bank for processing payment for your transaction and future transactions. Please note that Yesports does not store any of this data and does not have any access to this data. If you wish us to inform our online payment system not to keep your credit card data on file, please do submit a ticket in [email protected] or you may call us at +852 3188 5761, and we will inform our credit card provider to delete the data.

Notwithstanding any other provisions in this Privacy Policy, we reserve the right to disclose your PII in order to:

a. comply with any applicable laws;

b. respond to governmental enquiries (or enquiries from a legal, governmental or quasi-governmental or local authority agency or Internet protection agency of any type);

c. comply with a valid legal process or procedure; or

d. protect our rights or property, Yesports, and/or other users of Yesports.

By submitting your PII to us, you acknowledge and agree that provided we have used your data in line with this Privacy Policy, we cannot be held responsible for any use of your data by third parties who receive and process your data.

4. Collection, Use and Sharing of Non-Personally Identifying Information

We use certain information technologies to better understand how visitors interact with Yesports. These technologies provide non-personally identifiable information (“NPII”) including but not limited to data on where visitors came from, what actions they took on Yesports and where visitors went when they left the Platforms.

We may also develop NPII concerning Yesports users, using de-identification processes to help ensuring that such information cannot reasonably be re-associated or connected with you as an individual.

Generally, we aggregate this information and use it in statistical analysis to help us analyze patterns in the use of Yesports and/or to improve our Services. This Privacy Policy does not limit our use or disclosure of de-identified information (i.e., information which is not connected with you as a user) in any way, and we reserve the right to use and disclose such information to our partners, advertisers and other third parties in our discretion. From time to time, we may also release the NPII gathered from you in the aggregate, such as publishing a report on trends in the usage of Yesports.

5. Cookies

We use “cookies” technology to store data in your computer and/or devices by using the functionality of your browser/application. Cookies are common to websites and online platforms as they allow the website/application publishers to do useful things, for instance, finding out whether the computer/device (and probably its user) has visited the website/application before. You can usually modify your browser to prevent the installation of our cookies but please note that if you do so, the Services (and the Platforms) may not work properly. The information stored in the cookies is used to identify you. This enables us to operate an efficient service and to track the patterns of behavior of visitors to the Platforms.

Yesports may contain links to other websites or may make third-party applications available to our users. Please be aware that we are not responsible for the privacy practices or the content of such other websites or applications. We encourage our users to read the privacy statements of each and every website they visit or application they use. This Privacy Policy applies solely to information collected by us through Yesports and does not apply to those third-party websites or applications. The ability to access information of third parties from Yesports, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third parties, their products, their services, other websites, locations or their content.

Please note that third-party advertisers or advertisements servers may also place or recognize a unique cookie on your browser/application. The use of cookies by such third party advertisers or advertisements servers is not subject to this Privacy Policy, but is subject to their own respective privacy policies.

6. Emails

Amongst others, please note that we may email you for the following purposes:

· after Registration, notifying you of your account details;

· to send you information or Vouchers which you have asked for;

as part of the Services;

· as reminder emails about the services we offer;

as newsletters;

as promotional emails;

· as invitations asking you to participate in surveys designed to improve Yesports; and

· to offer related services to you from us.

Please be assured that in the marketing or promotional emails we send to you, we will always provide you with an option to unsubscribe in future.

Please note that in case you provide us with a friend’s name and email address either to invite them to subscribe to Yesports or in order to purchase a service for a friend, we will use their name and email address so that we may send them an email to invite them to subscribe to Yesports and/or other promotional emails.

7. Social Media Information

You may choose to log in or access Yesports using the Facebook Connect feature or by downloading the Yesports application through Facebook or another third party platform. If you do so, you are authorizing such third party platform to send us certain information from your account with them, and you authorize us to collect, store and use in accordance with this Privacy Policy any and all information available to us through such third party platform.

Certain information you post or provide through Yesports for public posting, such as your name, profile, comments, collections and reviews, may be shared with other users and posted on publicly available portions of Yesports, including without limitation, social media applications and other public forums in which your have participated. Please be reminded that if you choose to disclose your personal information when posting comments or other information or content through Yesports, this information may become publicly available and may be collected and used by others, including people outside the Yesports community. Please also be aware that if you choose to share your Purchases, they will become publicly available on the Facebook and other websites or platforms. It is your own decision to make sure you are comfortable with the information you choose to provide us and the information you choose to publish. We will not have any obligations with respect to any information that you post to parts of Yesports available to others, and we recommend that you use caution when giving out personal information to others through social media networks or otherwise.

8. Mobile & Location Information

In the event if you use mobile-enabled services provided by Yesports, such as any mobile applications made available by us, we may receive information about your use of our services from your mobile device while you use our applications or services. This may also include information about your location if you have enabled location-based services on your mobile device. Certain applications or services may also require addition information collection, such as information to be sent when you are not logged into Yesports for alerts services, and the terms of such collection will be identified when you subscribe to or sign up for such services or applications.

9. Security and retention

The PII which we hold will be held securely within our systems in accordance with our internal security policy and the law.

Regarding information transmitted between Yesports and/or users, we take reasonable precautions to safeguard this information. However, neither people nor security systems are foolproof. Therefore, we cannot guarantee its absolute security and we may not be able to prevent unauthorized access to such information by third parties or any inadvertent disclosure of such information during any such data transfers. Users acknowledge this risk when communicating with Yesports.

10. Transfer in Certain Circumstances

In the event we go through a business transition such as a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of Yesports and/or of All Profit, then, in our sole discretion, we may transfer, sell or assign information collected on and through Yesports (including, without limitation, PII and other information), to one or more relevant third parties. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer’s assets may continue to process your PII as set forth in this Privacy Policy.

11. Customer Service

If you have any questions or concerns, please feel free to submit a ticket to [email protected].

12. Changes to this Privacy Policy

We may, from time to time, amend this Privacy Policy, in whole or part, in our sole discretion to clarify our practices and to reflect new or different privacy practices. Any changes to this Privacy Policy will be effective immediately upon the posting of the revised policy on Yesports. Depending on the nature of the change, we may announce the change: (a) on the Platforms, or (b) by email, if we have your email address. If you do not agree with the terms of this Privacy Policy, which may be amended from time to time, in whole or part, you must terminate your use of Yesports. In any event, by continuing to use Yesports following any changes to this Privacy Policy, you are deemed to have agreed to such changes.

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