In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions (Terms), Privacy Statement and any
disclaimer notice and any or all Agreements: “Customer”, “You” and “Your” refers to you, the person
accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”,
“We” and “Us”, refers to our Company, ECHKO LIMITED. “Party”, “Parties”, or “Us”, refers to both the
Customer and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance
and consideration of payment necessary to undertake the process of our assistance to the Customer in the most
appropriate manner, for the expressed purpose of meeting the Customer’s needs in respect of provision of the
Company’s stated services, in accordance with and subject to, prevailing Hong Kong Law. Any use of the above
terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable
and therefore as referring to same.
1.1 The Website allows you to order a Photologo® for a fee and we reserve the right to sell other related services such as but not limited to edits, changes or enhancements (collectively “Services”) to your order, as may be described on the website. We may add, remove or modify Services from time to time. We engage third party service providers (“Service Providers”) from time to time to provide certain Services. Our order process is conducted by our online reseller Paddle.com.
Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
2.1 We are committed to protecting your privacy. We will only use information collected from individual Customers particularly
email addresses to facilitate and deliver orders as part of our commitment to provide the services our Customers have paid.
Moreover, as we endeavor to provide you better products/services to enhance your Photologo® or your photos, we will also be using your
emails to promote our other products/services. You can opt out anytime by pressing the unsubscribe button that can be found in every
email we send. We will constantly review our systems and data to ensure the best possible service to our Customers. There are specific
offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or
taking civil proceedings to recover damages against those responsible.
Photologo® Account Registration
3.1 In order to use our Services, an account ( a “Photologo® Account”) will be automatically created for you (using your email address)
and a generated password which you can later on change during your initial log in. Your Photologo® Account is necessary for us to securely
deliver, store and serve you your ordered Photologo®. During your initial order, we will ask you for information, which may include but is
not limited to, your name and other personal information. You must provide accurate, complete and current information to comply with our account
registration requirements. Otherwise, we shall have the right to change the account type, suspend or terminate the Photologo® Account due to inaccurate,
untrue, or incomplete information.
3.2 You are fully responsible for all activity that occurs under your Photologo® Account. It is then imperative that you keep your account confidential.
In case you grant access to other person/s, you shall be bound by their actions while using your account.
3.3 In connection with the User Conduct (see item 8), if we reasonably suspect that your Photologo® Account has been used for an unauthorized, illegal,
or criminal purpose, you give us express authorization to share information about you, your Photologo® Account, and any of your transactions with law
3.4 We have implemented security measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration,
or disclosure. However, we cannot absolutely guarantee that unauthorized third parties will never be able to defeat those measures or use your personal
information for improper purposes.
3.5 You are responsible for safeguarding your password and for restricting access to the Services from your devices (e.g. compatible mobile devices and
computer/s). You will immediately notify us of any unauthorized use of your password or Photologo® Account or any other breach of security so we could address
it immediately and take the necessary course of actions.
4.1 Any information concerning the Customer and their respective Customer Records may be passed to third parties. However, Customer records are regarded
as confidential and therefore will not be divulged to any third parties, other than our Service Providers and if legally required to do so to the
appropriate authorities. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail.
Any emails sent by this Company will only be in connection with the agreed services and products. Moreover, as our way of providing greater services and
offers to our valued customers, you may receive product offers in the form of marketing newsletters from us. However, you may choose not to receive such
messages by opting out at anytime through clicking the unsubscribe button in the email.
5.1 The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
5.1.1 excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates
or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
5.1.2 excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation,
direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have
advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data
thereon or any other direct or indirect, consequential and incidental damages.
Owner of the Photologo® signature
6.1 You understand and agree that you shall be the sole owner of the Photologo® signature(s) created in your Photologo® order.
6.2 Sole ownership shall pertain to the final product which includes all .pngs issued to your order. In case you
want to make further changes which are already beyond the scope of our free revision policy (see item 6), you shall
separately pay for extra charges on available changes found on your order tracking page.
6.3 However, We reserve the right to use the Photologo® signature(s) created in your Photologo® order in marketing our services.
6.4 We will exert all our efforts to provide a unique Photologo® signature for you however similarities with other customers’ signature
may still occur due to some design or format considerations. In case of similarities and without the knowledge that you have filed or acquired
for the trademark of your Photologo® signature, we will assume NO responsibility and/or liability as to the usage of other customers of the signatures
created for them which bear similarity or resemblance to your Photologo® signature. Premises considered, we shall not be then held accountable for
violating your trademark in any manner whatsoever.
Revisions/Changes to your Photologo®
7.1 You are entitled to one (1) free revision to address the changes you want to have on your signature. However, changes
shall only include minor redesigns and individual letter redesigns to the signature itself. For the undertags, we
can only do resizing as the allowed revision. Change in color and name comes with a fee/charge except when the mistake
is committed from our end without your participation.
7.2 Changes beyond the scope of the free revision shall be
paid separately on the tracking page. In case you want to have extended revisions other than those available changes
on the tracking page, you shall pay a flat rate of $15 per revision.
8.1 In using the Website and Services, you agree that you will not:
8.1.1 violate any applicable laws, regulations, rules,
ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities or any third party
terms and conditions applicable to any Services that you use;
8.1.2 order any Service or otherwise use any Services
in a manner that is: unlawful (or promotes unlawful activities); harmful; threatening; fraudulent, deceptive or misleading;
harassing; discriminatory; libellous; defamatory; vulgar; pornographic; obscene; in violation of another’s right
of privacy, publicity or other rights; in violation of any contractual or fiduciary obligations; or infringing on
any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively,
“Intellectual Property Rights”) of any third party; or otherwise objectionable;
8.1.3 impersonate any person or entity,
falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
8.1.4 violate or attempt to violate the security of the Website or Services;
8.1.5 reverse engineer, decompile or
disassemble any portion of the Website or Services;
8.1.6 “scrape” information from the Website or Services by automated
8.1.7 interfere with the ability of others to use the Website or Services;
9.1 You agree to indemnify, defend and hold harmless Company and its affiliates, and their respective licensors and Service
Providers, and all officers, directors, owners, agents, or licensors of any of the foregoing (collectively, the “Indemnified
Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable Solicitors’ fees,
sustained by any of the Indemnified Parties in connection with any claim arising out of Your Content, your use of
a photologo®, your use of any Services, or any breach by you or any user of your account of these Terms. Under no
circumstances shall we be liable for any amount exceeding the fee paid for the Services ordered.
10.1 You acknowledge and agree that the product that we develop for you is a customised artistic product, and as such a refund
or replacement will not be provided in the event that you merely do not like the product. This is particularly so
given the fact you are entitled to the number of revisions stated on item 6 of this terms and conditions. Please
note that our Fees are subject to change without notice.
10.2 In the event that you or another person on your behalf
opens/commences any Paypal dispute, credit card processor dispute or other similar dispute in relation to the payment
of the Fee, you agree to close or withdraw such dispute within 24 hours of us providing you, Paypal or any other
relevant provider (“Payment Provider”) with evidence that we have sent you the Product. In the event you do not close
or withdraw such dispute, you hereby authorise and direct the Payment Provider to close/withdraw the dispute on the
provision of these terms and conditions by us to the Payment Provider along with a copy of the delivery of the Product
by us to you. You hereby indemnify us for any loss or damage suffered by us as a result of your failure to comply
with your obligations under this clause.You are entitled to the number of revisions as stated on the Website in respect
of the Product purchased by you.
Changes to Terms
11.1 Company may modify these Terms at any time by posting changes on the Website; however, (i) these changes will only become
effective and binding with respect to you after Company provides notice on the Website that these Terms have changed
and you first use any of the Website following the date of such posting, (ii) the changes will only apply with respect
to your use of the Website after such changes become effective, and (iii) any change in payment obligations will
only apply to your subsequent purchases on, or usage of, the Website or Services. If at any time you find these Terms
unacceptable and do not agree with them, you thereafter will have no right to use or access the Website or Services.
Law and Jurisdiction
12.1 These Terms and Conditions are governed by the laws of Hong Kong the parties submit to the jurisdiction of the Court
of Hong Kong, and Courts competent to hear appeals from them.
For questions or clarifications regarding our terms and conditions or to request data deletion, please use our