In using this website (“Site”), 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”, or “Parties” refers to both the Customer and ourselves, or either the Customer or ourselves. “Product” refers to a unique product provided by our Company as a result of Our commitment and services (“Services”). 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, capitalization 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 may engage third party service providers (“Service Providers”) from time to time to provide certain Services.
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 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.
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, email address 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 such 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.
4.1. During the course of Our relationship, You may disclose to Us your Confidential Information. We agree to hold in confidence and not disclose to any third party any of Your Confidential Information, except as approved or directed in writing by You, and will use Your Confidential Information for no purpose other than for the Services. We will limit access to Your Confidential Information to only those employees, officers, directors, contractors, representative and agents who are involved in providing Services to You. For purposes of this Agreement, the term “Confidential Information” means non-public or proprietary information, including, without limitation, information relating to current or future business, products and services, strategies, images, development, design and design details, marketing plans, etc.
4.2. Notwithstanding anything to the contrary in this Agreement, the following is not Confidential Information: (a) information that was in the public domain at the time of its disclosure or has entered the public domain without breach of this Agreement; (b) information that was already in the rightful possession of a party at the time of disclosure; (c) information that is independently developed by a party without breaching this Agreement; or (d) information that becomes known to a party, without restriction, from a third party source not directly or indirectly involving a breach of this Agreement.
4.3. 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 a third party. However, we reserve the right to use your e-mail address to promote any new services or products including those invented or offered by our affiliates or partners currently or in the future. 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 any time 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.
5.1.3 excludes any and all liability for unauthorized use, misplace, infringement and any other unlawful act conducted by a third party associated with Your Photologo™ signature(s) created in Your Photologo™ order.
6.1 You understand and agree that You shall be the sole owner of the Photologo™ signature(s) created in Your Photologo™ order only at the time Photologo™ signature(s) is/are final and do not assume any further revisions/changes/substitutes and all the fees associated with Our Services were properly paid.
6.2 Sole ownership shall pertain only to the final product which includes all .pngs files issued to Your order and approved by You. In case You want to make further changes, which are already beyond the scope of Our free revision policy (see item 7.3), You shall separately pay for extra charges on requested changes solicited through via Customer Support or any other communication channel with Us. In such case You agree that You allow Us to create a derivative work based on Your intellectual property and such derivative work Intellectual property rights will be expressly assigned to You upon final approval of all changes and full payment provided for such Services.
6.3 However, We reserve the right to use the Photologo™ signature(s) created in Your Photologo™ order in marketing Our services and therefore You agree to provide Us with non-exclusive, royalty-free, indefinite license to market Our Services using Your Photologo™ signature(s) in whole or in part.
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 liable for violating Your trademark in any manner whatsoever. ‘We are not to be held liable if Your Photologo™ signature(s) provided by Us intentionally or unintentionally, resemble the Photologo™ signature(s) in whole or in part from another company, product or person which may result or be deemed copyright and/or trademark infringement.
6.5 The foregoing provisions and all other provisions pertaining to Your Photologo™ signature shall also apply to any and all services provided by Us currently or in the future and it shall also apply when You opt to have Your Photologo™ signature be designed by Our lead designer for an extra cost.
7.1 Once Your order has been placed and confirmed, You agree that all the information provided on the checkout process is correct and verified by you.
7.2 When You receive Your Photologo™ signature(s) You have ten (10) calendar days for approval or changes request before it is considered final. Once Your Photologo™ signature is final You are not entitled to any free changes unless specified herein in Our Terms of Service.
7.3 You are entitled to one (1) free revision to address the changes You want to have on Your Photologo™ signature(s) before it’s considered final. 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 spelling comes with a fee/charge except when the mistake is committed from Our end without Your participation.
7.4 Changes beyond the scope of the free revision shall be paid separately via any method of payment considered valid by the Company. In case You want to have extended revisions other than those available changes provided in item 7.2, You shall pay a flat rate of $15 per revision.
7.5 If the changes requested go beyond the scope of a mere revision and rather constitute a whole new product which is substantially different from the previous version of a product submitted for changes or such revision is included into Our Premium Service package or any other paid (upgrade) Services which require a higher fee payment, We reserve Our right at Our sole discretion to request a higher rate for such revisions, which You shall submit before We proceed with changes mentioned herein.
7.6 If You purchased the Photologo™ VIP Experience product You are entitled to multiple rounds of revisions – as many as Our webpage stated at the moment of purchase. The revisions for this product encompass partial and/or complete redesign, but do NOT contemplate changes on the information provided by You at the time of placing the order (as specified under item 7.1).
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; libelous; 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 means;
8.1.7 interfere with the ability of others to use the Website or Services;
We reserve Our right to use any publicly available testimony under Your Photologo™ signature display post in all and any social media account for the purpose of Services promoting, marketing and advertisement. In such case We typically submit an additional permission but in case such permission has been granted You agree that any further withdrawal of such permission shall be void.
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.
11.1 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. Although we are committed to provide You with a logo that You love, we cannot guarantee 100% satisfaction. This is particularly so given the fact You are entitled to the number of revisions stated on item 7 of this Terms and Conditions. Please note that Our fees and quotes are subject to change without notice.
11.2 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 paid to Us, You agree to close or withdraw such dispute within 24 hours of us, PayPal or any other relevant provider (“Payment Provider”) providing You 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. Unless Your order has been paid in full you do not own any intellectual property rights to a Product provided by Us. If such payment is withdrawn any and all intellectual property rights shall be transferred back to the Company. 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.
12.1 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.
These Terms and Conditions are governed by the laws of Hong Kong the parties submit to the jurisdiction of the Court of Hong Kong regardless of conflicts of law rules, and Hong Kong Courts competent to hear appeals from them.
Effective Date: March 04, 2021
This SMS message program is a service of Echko LTD. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from Echko LTD. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give Echko LTD permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.
Message frequency may vary. Echko LTD reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Echko LTD also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Echko LTD, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Echko LTD and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Echko LTD through any other programs you have joined until you separately unsubscribe from those programs.
Help or Support
Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF Echko LTD OR ANY PARTY ACTING ON BEHALF OF Echko LTD BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO Echko LTD HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF Echko LTD HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE Echko LTD MESSAGING PROGRAM. Echko LTD AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.
To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless Echko LTD, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from Echko LTD or its service providers.
Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Echko LTD or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Echko LTD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Echko LTD to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Echko LTD will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
YOU AND Echko LTD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Echko LTD agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and Echko LTD are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
YOU AND Echko LTD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Echko LTD agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Notwithstanding anything to the contrary in these Messaging Terms, if Echko LTD makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Echko LTD’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Echko LTD.
If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from Echko LTD after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.
These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and Echko LTD concerning the Messaging Program.