This document was last updated at 1 November 2017.
1. Your relationship with (branded HelloHost) Techcomm Solutions Limited
1.1. Your use of Techcomm’s products, services and web sites (referred to collectively as the “Service(s)” in this document and excluding any services provided to you or your employees by Techcomm under a separate written agreement) is subject to the terms of a legal agreement between you and Techcomm (as defined below in Section 19.1) contained in this document and/or any other document expressly referred to herein. The Services are accessed through Techcomm’s proprietary software application(s) (referred to as the “Software” below) hosted at its web platform at and consist in a single log-in, centralised web dashboard that enables you to access data, metrics and analytics from public social profiles published on multiple social networks. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2. Unless otherwise agreed in writing with Techcomm, your agreement with Techcomm will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3. Your agreement with Techcomm will also include all product pricing, pricing rates and payment terms applicable to the Services chosen by you (the “Payment Terms”). The Payment Terms, including any related additional terms applicable to your purchase, are published on Techcomm website or are otherwise made available to you either within, or through your use of, the Service you subscribe to. Depending on which Services you purchase, your agreement with Techcomm may also include the terms of any Legal Notices applicable to such Services and/or certain terms specific to the use of such Services, in particular terms related to data collection “Specific Terms”). Where Specific Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service, or will be provided to you separately, upon your request.
1.4. The Universal Terms, together with any related additional Specific Terms applicable to your product purchase and the Payment Terms, form a legally binding agreement between you and Techcomm in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5. If there is any contradiction between what the Specific Terms say and what the Universal Terms say, then the Specific Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1. In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2. You can accept the Terms by (A) clicking to accept or agree to the Terms, where this option is made available to you by Techcomm in the user interface for any Service; (B) by payment for the Services; or (C) by actually using the Services. By performing one of these three options, you understand and agree that Techcomm will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3. You may not use the Services and may not accept the Terms if (A) you are not of legal age to form a binding contract with Techcomm; or (B) when contracting on behalf of an entity, you are not authorized to legally bind your company or organization to such terms; or (C) you are a person or entity barred from receiving the Services under the laws of Hong Kong or other countries including the country in which you are resident or from which you use the Services.
2.4. If you accept the Terms in the user interface for a Service, by making a payment, or by commencing the use of the Service, we recommend that you print off or save a local copy of the Terms for your records before you continue.
2.5. The Services are provided by Techcomm for consideration. The up-to-date prices applicable to your use of the Services are published on the Services website or for configurations of the Services eligible for online purchase and by using the Services at a particular moment you agree to the prices published as of that moment.
2.6. You can pay for the Services either by using your Braintree account, by entering your credit card information, or by any other means as published, from time to time, on the Services website. Alternatively, you can contact us to agree on other methods of payment (such as invoicing). If you sign up for the Services online in the user interface for the Service, you agree that you will be charged periodically or charged on demand by Techcomm pursuant to the payment conditions specified at checkout. In addition, you expressly acknowledge and agree that the initial price may change if you purchase other products and service, upgrade or change your subscription plan within the Service. You will always be informed about the price modification prior to making the upgrade or changing your subscription.
2.7. Techcomm is not responsible for the payment processing provided by any third party.
2.8. Each party will be responsible for payment of any taxes applicable to its own income and activities in connection with the Services.
3. Language of the Terms
3.1. The Terms are provided in English. Where Techcomm has provided you with a translation of the English language version of the Terms, you agree that the translation is provided only for your convenience, and that the English language versions of the Terms will govern your relationship with Techcomm.
3.2. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Techcomm
4.1. Techcomm may have subsidiaries and affiliated legal entities in other countries. At times, these companies may provide the Services to you on behalf of Techcomm itself. You acknowledge and agree that subsidiaries and affiliates will be entitled to provide the Services to you. Where Services are provided by Techcomm subsidiaries or affiliates, Techcomm will remain ultimately responsible for the provision of Services hereunder.
4.2. Techcomm is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Techcomm provides may change from time to time without prior notice to you.
4.3. As part of this continuing innovation, you acknowledge and agree that Techcomm may permanently or temporarily stop providing the Services (or any features within the Services) to you or to users generally at Techcomm sole discretion, without prior notice to you.
4.4. You understand and agree that Techcomm may disable access to your account for non-payment or other material breach of the Terms, and that in such case you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. If your access to the Services had been disabled for non-payment or other material breach of the Terms, and subsequently was reactivated, the period for which you could not access the Services shall not be refunded to you in any way and your original Service term shall not be extended by the period equal to the period for which you could not access the Services.
5. Your use of the Services
5.1. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You agree that any registration information you give to Techcomm will always be accurate, correct and up to date.
5.2. You agree to use the Services only for purposes that are permitted by (A) the Terms; (B) any applicable law, regulation, generally accepted practices, or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the EU, the United States or other relevant countries); and (C) any other applicable rules (including, without limitation, Facebook and Twitter rules).
5.3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Techcomm, unless you have been specifically allowed to do so in a separate agreement with Techcomm.
5.4. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5. Unless you have been specifically permitted to do so in a separate agreement with Techcomm, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6. You agree that you will not engage in any activity that may amount to the misuse of our Services or that seeks to circumvent the Services’ terms. For example, if Techcomm provides you with any portion of a Service for free (as part of a trial, pilot or otherwise), you may not engage in data mining or other excessive use of the Service, beyond what is permitted by the free Service (and as advertised for that free Service at the time of the relevant promotion). Techcomm reserves the right to limit the customer’s activity on any of its free Services for any reason and without notice.
5.7. You agree that you are solely responsible for (and that Techcomm has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Techcomm may suffer) of any such breach.
6. Your passwords and account Security
6.1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2. Accordingly, you agree that you will be solely responsible for all activities that occur under your account.
6.3. If you become aware of any unauthorised use of your password or of your account, you agree to notify Techcomm immediately at info at Techcomm dot com.
6.4. Techcomm uses Facebook Connect, “Sign in with Twitter”, and other authentication methods for authorization of users. If your Facebook account, Twitter account or any other account used for registration and/or signing in the Services is deleted or non-functional, you may no longer be able to access the Services.
7. Privacy and your personal data
7.3. You agree that the monitoring software used by Techcomm may automatically record information when you visit our website or use some of our products, including the URL, IP address, browser type and language, and the date and time of your request; this helps us analyze usage of the system for further improvements and our health metrics.
7.4. You agree that Techcomm may also share personal data with third parties in limited circumstances, including when complying with legal process, enforcing or defending our legal rights, preventing fraud or imminent harm, and ensuring the security of our network and services, provided that in such circumstances Techcomm will only share the limited personal information that is required to be shared in the unique situation.
7.5. You agree that Techcomm may contact you in the future regarding their Services.
7.6. With respect to any personal data that you provide us in connection with the Services (if any), you (A) instruct us to process such data for the purpose of providing the Services to you and informing you about Techcomm Services and their features; this may include troubleshooting aimed at preventing, detecting and repairing problems affecting the operation of the Services and the improvement of features that involve the detection of, and protection against, emerging and evolving threats to the user (such as malware or spam); and (B) authorize us to use such data for the purposes and in the scope described in Section 7.1 through 7.5 above.
7.7. Techcomm has implemented and will maintain appropriate technical and organizational measures, internal controls, and information security routines in accordance with good industry practice and having regard to the state of technological development to protect your data against accidental loss, destruction, or alteration; unauthorized disclosure or access (including but not limited to taking reasonable steps to ensure the reliability of employees having access to your data and providing for limited access rights and access controls; authentication; personnel training; regular back up; data recovery and incident management procedures; restrictions on storing, printing and disposal of personal data; software protection of devices on which personal data are stored; etc.); or unlawful destruction. Upon request, Techcomm will provide further details about the measures implemented by Techcomm and its data service providers. Data collected from you may be transferred to, and stored and processed in, the Hong Kong or any other country in which Techcomm or its affiliates, or 6 subcontractors, suppliers or vendors maintain facilities.
7.8. By providing any data (including personal data) to Techcomm while using the Services, you declare that you have all necessary consents, permissions or registrations to process the provided data in this way. Techcomm is not liable for any misprocessing of data that could occur by your provision of the data to Techcomm.
7.9. You acknowledge that apart from any personal data collected from you Techcomm may process and utilize any personal data concerning you (or your users if you are an entity) or any third party that you, your users or any such third party have chosen to make public, e.g. through Facebook or other social network APIs. The use of such publicly available data is typically governed by the terms applicable to the service or network through which the data were made publicly available and such data may typically be used, accessed by and shared with third parties.
7.10. You agree that Techcomm may use aggregated and anonymised data derived from the data provided by you or collected by the program analytics in its own statistics, for auditing, for the purposes of product and market research and analytics (which help Techcomm to improve its products and the range of products and to develop new technologies, products and services), for benchmarks and other analyses, and to publish and share them with third parties outside of Techcomm.
8. Content in the Services
8.1. You understand that all information such as, without limitation, data files, written text, computer software, music, audio files or other sounds, photographs, and videos or other images (all such information being hereinafter referred to as the “Content”) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such Content originated.
8.2. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services (if any), may be protected by intellectual property rights owned by the sponsors or advertisers who provide such Content to Techcomm (or by other persons or companies on their behalf), and that the Content may include sensitive personal data. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Content (either in whole or in part), unless you have been specifically told that you may do so by Techcomm or by the owners of that Content, in a separate agreement.
8.3. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.4. You agree that you are solely responsible for (and that Techcomm has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Techcomm or third parties may incur and including any other legal liability, whether liability under civil, commercial, tort, penal or administrative law or any other legal theory) by doing so. You shall indemnify and hold Techcomm harmless from all claims and all liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by Techcomm as a result of or in connection with your breach of any third party’s intellectual property or similar rights.
9. Proprietary rights
9.1. You acknowledge and agree that Techcomm (or Techcomm’s licensors) owns all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Techcomm and that you shall not disclose such information without Techcomm prior written consent.
9.2. Unless you have agreed otherwise in writing with Techcomm, nothing in the Terms gives you a right to use any of Techcomm trade names, trademarks, service marks, logos, domain names and any other distinctive brand features. For the avoidance of doubt, if any Service’s deliverables such as reports generated by you through the use of the Service include Techcomm trade name, trademark, service mark, logo, domain name or other distinctive Techcomm brand features, their use in connection with that report or other deliverable is permitted and Section 9.4 below shall apply.
9.3. Other than the limited license set forth in Sections 7 and 11, Techcomm acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Techcomm, you agree that you are responsible for protecting and enforcing those rights and that Techcomm has no obligation to do so on your behalf.
9.4. You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.5. Unless you have been expressly Techcomm to do so in writing by Techcomm, you agree that in connection with the Services, you will not use any trade mark, service mark, trade name, logo of any third party company or Techcomm in a way that is likely 8 or intended to cause confusion about the owner or Techcomm user of such marks, names or logos.
10. Licence from Techcomm
10.1. Techcomm gives you a worldwide, royalty-free, non-assignable and non-exclusive right and licence to access and use the Services through the Software, on a pay on demand basis on each product, for the term and in the scope designated by the Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Techcomm, in the manner permitted by the Terms. You acknowledge that this is a service agreement and we will not be delivering copies of the Software to you as part of the Services.
10.2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software underlying the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Techcomm in writing. You may not access and/or use the Service and the underlying Software in order to build a similar or competitive product.
10.3. Unless Techcomm has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights, grant a security interest in or over your rights, or otherwise transfer any part of your rights granted hereunder.
11. Content licence from you
11.1. You retain copyright and any other intellectual property rights you already hold in Content which you submit, post or display on or through the Services. By submitting, posting or displaying the Content on or through, the Services, you give Techcomm a worldwide, royalty-free, and non-exclusive licence for the term of the Services to use, reproduce, adapt, modify, and publish (on your behalf and pursuant to your instructions) on social networks any Content which you submit, post or display on or through the Services. The licence granted in this Section 11.1 is for the sole purpose of enabling Techcomm to display, distribute, improve and promote the Services to you.
11.2. If you provide, as part of your use of Techcomm’s Services or as part of the Content which you submit, post or display on or through the Services, any photograph or other materials protected by personality or privacy rights, you specifically agree that Techcomm may use such photograph or other materials for the sole purposes of providing the Services.
11.3. You understand that Techcomm, in performing the required technical steps to provide the Services to you, and to improve the Services, may (A) transmit or distribute your Content over various public networks and in various media; and (B) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Techcomm to take these actions.
11.4. You confirm and warrant to Techcomm that you have all the rights, power and authority necessary to grant the above licence.
12.1. Techcomm will not refund any money for whatever reasons, unless otherwise enforced by laws and ordiances.
12.2. In some circumstances, Techcomm will refund coins to users on some specific products, all of the rights align with Techcomm.
13. Termination of Services
13.1. You agree that Techcomm may suspend or terminate to provide the Products & Services at any time without any notices to you, when we need to perform periodical or urgent maintenance of the facilities necessary for providing the Products & Services, when system errors occurred to the facilities, or when Techcomm determines necessary.
13.2. You agree that Techcomm may at any time suspend or terminate its legal agreement with you embodied in the Terms if (A) you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) Techcomm is required to do so by law (for example, where the provision of the Services to you is or becomes unlawful); or (C) the partner with whom Techcomm offered the Services to you or whom Techcomm uses or whose cooperation Techcomm needs in order to offer the Services to you, has terminated its relationship with Techcomm or ceased to offer the Services to you; or (D) Techcomm is transitioning to no longer providing the Services to users in the country in which you reside or from which you use the Services; or (E) the provision of the Services to you by Socialbakers is, in Techcomm’s opinion, no longer commercially viable.
14. Exclusion of Warranties
14.1. The Services are provided “as is” and Techcomm, its subsidiaries and affiliates, and its licensors give you no warranty with respect to them.
14.2. In particular, Techcomm, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that (A) your use of the Services will meet your requirements; (B) your use of the Services will be uninterrupted, timely, secure or free from error; (C) any information obtained by you as a result of your use of the Services will be accurate or reliable; and (D) that defects in the operation or functionality of any Software used to provide the Services will be corrected.
14.3. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
14.4. Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
15. Limitation of Liability
15.1. Nothing in these Terms shall exclude or limit Techcomm’s liability for losses which may not be lawfully excluded or limited by applicable law.
15.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, TECHCOMM WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES), DAMAGES FOR LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THESE TERMS, THE SERVICES, MATERIALS, OR THE FAILURE TO PERFORM OUR OBLIGATIONS.
15.3. Subject to overall provision in Section 15.1 above, Techcomm, its subsidiaries and affiliates, and its licensors shall not be liable to you for any indirect or consequential losses which may be incurred by you. Indirect and consequential losses shall include (A) any loss of profit (whether incurred directly or indirectly), loss of goodwill or business reputation, or any loss of data suffered by you; (B) loss or damage which may be incurred by you as a result of (i) any reliance placed by you on the completeness, 11 accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services; (ii) any changes which Techcomm may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services; (iii) your failure to provide Techcomm with accurate account information; (iv) your failure to keep your password or account details secure and confidential.
15.4. The limitations of Techcomm’s liability to you in Section 15.3 above shall apply whether or not Techcomm has been advised of or should have been aware of the possibility of any such losses arising.
16.1. Some of the Services, in particular free Services, may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
16.2. The manner, mode and extent of advertising by Techcomm on the Services are subject to change without specific notice to you.
16.3. In consideration for Techcomm granting you access to and use of the Services, you agree that Techcomm may place such advertising on the Services.
17. Other Content
17.1. The Services may include hyperlinks to other web sites or content or resources. Techcomm has no control over any web sites or resources which are provided by companies or persons other than Techcomm.
17.2. You acknowledge and agree that Techcomm is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
17.3. You acknowledge and agree that Techcomm is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources. In addition, you acknowledge and agree that Techcomm is not liable for any damage which may be incurred by you as a result of any reliance you may have 13 placed on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such web sites or resources.
18. Changes to the Terms
18.1. Techcomm may make changes to the Universal Terms or Specific Terms from time to time. We reserve the right to change the Terms and Conditions under which the Website is offered.
18.2. You understand and agree that if you use the Services after the date on which the Universal Terms or Specific Terms have changed, Techcomm will treat your use as acceptance of the updated Universal Terms or Specific Terms.
19. General Legal Terms
19.1. You agree that these Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of Hong Kong.
19.2. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, including any claim that this Agreement or any part of this Agreement is invalid, illegal, or otherwise voidable or void, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules then in force. The appointing authority and the place of arbitration shall be the Hong Kong International Arbitration Centre. There shall be only one arbitrator. The language of the arbitration shall be English. Any award of the arbitrator shall be enforceable by any court having jurisdiction over the party against which the award has been rendered.