Terms and Conditions
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Terms and Conditions
These terms and conditions of Use (the or these “Terms”) apply to the use of the online renovation service platform (including but not limited to its website or application) provided by Codeco Technology Limited (“Codeco”) (the “Service”). Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms. Codeco may revise the Terms from time to time, which will take effect when they are posted on the website or application. By continuing to access or use the Service after the release of the revised Terms, you agree to be bound by the revised terms. Codeco may add, remove, change or terminate all or any part of the item, content or features of the Service at any time. Supplemental terms may apply to certain services such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable services. The Terms apply to both registered and non-registered users.
If you are not of age, please read, understand and agree to all content of these Terms and the subsequent modifications and changes thereof with your parents or guardian before you use or continue to use the Service. By using or continuing to use the site, it shall be deemed that your parent or guardian has read, understood and agreed to all content of these Terms and the subsequent modifications and changes thereof.
1. The Service
A. The Service refers to the platform for renovation information sharing and renovation contractors (“Contractors”) referral. You can use the Service to browse and search for contractors and renovation-related information. The Service includes:
i. placing the contractor's contact information, service items, construction details and other introduction information in the system, website and application of Codeco available for your free browsing;
ii. recommending partner contractors, technicians and designers, renovation and design service providers ("Contractors") to you when Codeco receives your service needs such as renovation, design or maintenance ("Your Needs"), and when partner contractors, technicians and designers, renovation and design service providers best meet your needs to the knowledge of Codeco (considering factors including but not limited to your location, service items, service content, contractor's expertise, and the willingness and availability of the contractor at the time);
iii. providing reasonable support (including but not limited to assisting such Contractors in integrating quotations (only for documentation and digitalisation), on-the-spot filming at completion and mediating potential disputes between you and the Contractors) for the Contractors to meet Your Needs; and
iv. providing phone recording service when you have any telephone conversation with such Contractors or Codeco.
B. The partner contractors, technicians and designers, renovation and design service providers introduced by the Service and the related renovation information are provided by such partner contractors, technicians and designers, renovation and design service providers (as independent third parties) or other independent third party providers (“Third Party Providers”). While Codeco strives to maintain the accuracy and effectiveness of such information, we are not responsible for the accuracy and completeness of any information provided by the partner contractors, technicians and designers, renovation and design service providers and Third Party Providers.
C. The Service does not include the provision of renovation service. Codeco does not have any legal responsibility for the contract between you and the contractor (as defined below).
2. Use of the Service
You agree to cooperate with Codeco on the following matters regarding the provision of the Service:
A. In order to use the Service, you may register for a personal user service account ("Account"), and you shall be responsible for all activities under the Account and agree to keep the Account secure and confidential;
B. You may not authorise any third parties to use your Account;
C. You will accurately provide your contact and transaction information to Codeco (“Information") through your Account or otherwise so that Codeco can place such Information in its database. You will authorise Codeco to collect, process and use such Information directly;
D. You agree to keep such Information accurate, complete and up-to-date. If you fail to maintain such Information as accurate, complete and up-to-date, you may not be able to access and use the Service, or may cause Codeco to terminate the Terms;
E. You agree and understand that:
i. You are required to assess the conditions of the Contractors recommended by Codeco on your own and decide whether to appoint such Contractors for works;
ii. You shall not, in any form, appoint or enter into contractual relations on your own with the partner contractors, technicians and designers, renovation and design service providers introduced by the Service;
iii. If you decide to appoint such Contractors for the project, you shall sign the standard quotation provided by Codeco as soon as possible and send a copy of the signed quotation to Codeco in a way that Codeco accepts. The quotation signed between you and such Contractors will be your contract with such Contractors (the “Contract Between You and the Contractor”).
You shall not:
i. modify, reproduce, create derivative works from, distribute, license, lease, sell, resell, transfer, transmit, stream, broadcast or use any part of the Service by ways not approved by Codeco, unless under the expressed written consent by Codeco;
ii. decompile, reverse engineer or disassemble any part of the Service;
iii. forge any part of the Service;
iv. cause or initiate any program to intercept, index, measure, or otherwise exploit any part of the Service, or to excessively impede the operation and/or the functions of any aspect of the Service or to increase its burden; or
v. attempt to access or influence, without authorisation, any aspect of the Service or its related systems or networks.
4. Third Party Service Providers
5. Phone recording
You authorised Codeco to use its application to intercept and record any of your telephone conversations and to upload and listen to all telephone conversations between you and the Contractors and Codeco for follow-up purposes regarding the Terms and the Service.
6. Intellectual property rights
A. The intellectual property rights of the photos and videos taken by Codeco in your unit (including but not limited to the photos and videos of the on-the-spot scene of the Contractors’ construction) are owned by Codeco. The same applies after the discharge or termination of these Terms.
B. When you upload or otherwise transmit materials protected by intellectual property rights (such as photos and videos) in Codeco’s system, you agree to grant Codeco a non-exclusive, transferable, sub-licensable license to use such intellectual-property-protected materials (the “License") for free. The License shall terminate when you delete your Account or remove intellectual-property-protected materials from your Account. You represent and warrant that no infringing material will be uploaded or transmitted.
C. All content under the Service, including but not limited to text, images, information, opinions, databases, photographs and images, is the intellectual property of Codeco or Third Party Providers and is protected by applicable copyright and trademark laws. You may not download, copy or use such content without the expressed written consent of the Company and/or Third Party Providers (as the case may be).
D. You will not be authorised to obtain the Company's trademark or other intellectual properties in connection with the use of the Service.
A. Codeco may disclose to the Contractors the information you provide from time to time in connection with the use of the Service, including your personal data;
B. Codeco may disclose the information you provide from time to time in connection with the use of the Service, including personal data and phone recordings, to the following persons or as directed by:
i. Applicable to any regulatory body in the jurisdiction that regulates or may regulate the Service;
ii. The related persons involved in resolving disputes arising from these Terms (including but not limited to litigation, mediation and arbitration), including but not limited to lawyers of Codeco, lawyers, mediators and arbitrators of such clients; and
C. You represent and warrant that you will not disclose to any third parties any information of such Contractors in connection with the use of the Service provided by Codeco, including their personal data.
8. Representations and warranties
A. You agree and understand that the content of the Contract Between You and the Contractor are not under the scope of control or supervision of Codeco. Codeco is not one of the parties of the Contract Between You and the Contractor. Codeco does not assume any legal liability of the Contract Between You and the Contractor.
B. You agree and understand that although Codeco will provide reasonable and necessary support from time to time, Codeco does not have the power to supervise the quality of the construction or the products provided by the Contractors. Codeco will not assume any warranty for the quality of the construction, the products provided by, or the performance of the Contractors. Codeco will strive to recommend competent contractors to you, and proactively review the construction quality of these Contractors.
C. You represent and warrant that any of your information provided by you to Codeco does not involve any illegal or infringing acts or other disputes. If any information provided by you causes Codeco to assume any responsibility, you will assume all related responsibilities and be responsible for the indemnification, and indemnify Codeco for all the responsibilities assumed for such breach of laws or infringing acts or disputes.
D. You agree to comply with all applicable laws when using the Service and you may only use the Service for lawful purposes.
You agree to protect, defend, indemnify, accept responsibilities and hold harmless Codeco and its agents, employees, insurers, heirs, assignees (“Codeco and Such Other Persons”), from and against all expenses arising from claims, demands, lawsuits, liability, penalties, loss, damages, settlements and judgments (including attorney’s fees) caused by or arising out of, you in connection with the provision of the Service on Codeco and Such Other Persons.
10. System and termination
A. You understand and agree that Codeco will perform regular maintenance or changes on the system or function from time to time to maintain the normal operation of the Service, which may result in the suspension or interruption of the Service. Codeco shall not be liable for any direct or indirect losses suffered by you thereof.
B. Codeco may stop providing all or any part of the Service at any time, and Codeco will not be liable for any direct or indirect losses suffered by you thereof.
11. Limitations of liability
Without prejudice to these Terms and applicable laws, Codeco's accrued liability of all claims arising out of your use of the Service shall be limited to HK$1,000. No joint venture, partnership, employment or agency relationship exists between you, Codeco, such Contractors or any third party according to the Terms.
12. Applicable laws and validity
The Terms shall be governed exclusively by the laws of the Hong Kong Special Administrative Region. The invalidity of all or any part of any term in the Terms shall not affect the validity of the remaining terms.
13. Contracts (Rights of Third Parties) Ordinance
Any person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce or to enjoy the benefit of these Terms. The consent of any person who is not a party is not required to rescind or vary these Terms at any time.
About 100% Completion Guarantee
1. The terms apply to clients who use the matching service and have their contract signed on or after 1 June 2021.
2. If the contractor fails to reply or report on the project progress within 2 weeks without any justification, Codeco has the right to terminate the contract signed by the client and the contractor, depending on the severity of the issue. If the client wishes, Codeco will arrange for another renovation company to take over the unfinished project. The client shall also pay to Codeco the remainder of the contracted amount before the project commences. Unfinished works comprise items stated in the contract issued by Codeco and confirmed by both the client and the contractor and any items added or removed subsequently. Apart from that, Codeco has the final say on whether to assign the client another contractor to take over the project.
3. If the contractor fails to deliver the work on the completion date or during any extended period agreed by both parties, provided that the client is not in default of the contract, the contractor shall compensate the client an amount calculated on the basis of market rent of the flat under renovation or the actual expenditure in accommodation, whichever is lower, capped at 10% of the total project cost. The ground mentioned above and the compensation amount should be documented in a Whatsapp conversation or in written record, and will be subject to Codeco’s final decision.
4. The client shall agree to adopt Renovation must-know and Acceptance checklist under Hong Kong Renovation Guidelines (CoDeco Edition) as the project workflow and the acceptance standard. If disputes over the standard of construction or acceptance for the project arise, Codeco reserves the right of final decision.
5. Codeco reserves the right of final decision on all works, payments and compensation.
Last updated on: 1 June 2021