By using OneDay or signing up for an account, you agree to these Terms.
OneDay (“OneDay” or "Oneday" or the “Service”) provides property listing, property valuation, property information, market data and advertising services offered through the URL www.oneday.com.hk or www.oneday.hk (hereafter “Website”) that allows you to advertise, promulgate, list properties ("Listings"), browse Listings by others and communicate electronically to others. Oneday is owned and operated by Oneday Group Ltd, a Hong Kong incorporation of limited liability (“Oneday,” “we,” or “us”). Oneday has employees, independent contractors, and representatives ("our Team"). As a customer of the Service or a representative of an entity that’s a customer of the Service, you are a “Member” according to this agreement (or “you”).
In order to use Oneday, you must:
be at least eighteen (18) years old and able to enter into contracts;
complete the registration process;
agree to the Terms; and
provide true, complete, and up-to-date information.
By using Oneday, you represent and warrant that you meet all the requirements listed above, and that you will not use Oneday in a way that violates any laws or regulations. Oneday may refuse service, close accounts of any users, and change eligibility requirements at any time.
Represent and Warrant
The Term begins when you sign up for Oneday and continues as long as you use the Service. Clicking the button and entering your username means that you have officially “signed” the Terms. If you sign up for Oneday on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or Oneday may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we will refund unused Credits at a pro-rated price that you originally paid for. We will not refund or reimburse you if there is cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you do not log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it. Certain terms hereunder will survive the termination.
Acceptable Use Policy
Our Acceptable Use Policy sets some rules that you have to follow as a Oneday user. Some are dictated by the law, some are common sense (do unto others), and some are based on our experience delivering email.
5. Account and Password
You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to, whether or not you authorised the use. You will immediately notify us of any unauthorised use of your accounts. We are not responsible for any loss(es) due to stolen or hacked passwords. We do not have access to your current password, and for security reasons, we may only reset your password.
6. Account Disputes
We do not know the inner workings of your organisation or the nature of your personal relationships, and we do not arbitrate disputes over who owns an account. You will not request access to or information about an account that is not yours, and you will resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we will rely on the contact information listed for that account.
You may buy Credits on a prepaid basis to use our Services or you may subscribe to a monthly plan that will give you a set number of Credits depending on the plan you subscribe to. All Credits have an expiry. For the monthly plan, the Credits will expire at the end of each calendar month and unused Credits will not be rolled over to the next calendar month. If your account is inactive for more than 12 months, it may be deleted and all unused Credits may become unusable.
Credits can be purchased through the Website using a number of payment options including VISA, MasterCard, or with cheque or money order by mail.
The price of Credits purchased through the Website will be the price specified in the Website at the time of your purchase. Upon presentation of credit card information the purchaser warrants that he/she is the cardholder and that the billing information provided is accurate. By approving the purchase of the product or service, you authorise Oneday to charge the designated credit card, or PayPal account, for the total amount of the purchase.
If you are a resident in Brazil and purchase Credits with your credit card, you also agree to the following:
a) You grant us, and any and all payment processors which may process payment transactions on our behalf, to close the FX contract and to remit the funds relating to payments executed via credit card; and
b) Any and all payment processors that may process transactions on our behalf do not account for collecting taxes, which might originate in relation to this operation.
8. Monthly Subscription
As long as you are a Member or have an outstanding balance with us, you will provide us with valid credit card information and authorise us to deduct the monthly charges against that credit card or Paypal or whatever payment method you have elected. You will replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorised to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected. If, for some reason, we are unable to process your credit card order, we will try to contact you by email and suspend your account until your payment can be processed.
You will not be entitled to a refund from us under any other circumstances but refunds for credit pack may be granted for purchases made within 14 days of the invoice date, provided that you have not used any credits from the pack.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
11. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide Oneday (proprietary rights include patents, trademarks, service marks, and copyrights). You may only use our brand assets according to our Brand Guidelines.
12. Proprietary Rights Owned by You
14. Right to Review Listings
We may view, copy, and internally distribute content from your Listings and account to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.
You acknowledge that the Website contains or may contain information, software, images, audio files, video files, data files, code snippets and other material (collectively, "Content") which is protected by copyright, trademark or other proprietary rights of Oneday and its affiliates or other third parties (including other members).
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted hereunder and any other agreement entered into at the time such Content was downloaded.
You agree that you will not use the Website for any purpose that is unlawful or not permitted by this Agreement. By way of example, and not as a limitation, you agree that when uploading to or communicating via the Website, including in respect of any forums, chat-rooms or other exchanges (a “Forum”) accessed on or through the Website, you shall not do any of the following:-
(i) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
(ii) Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
(iii) Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents.
(iv) Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
(v) Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
(vi) Falsify the origin or source of software or other material contained in a file that is uploaded.
(vii) Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
(viii) Use any communications or Content or other information obtained through the Website in a manner that is competitive with the Website or Oneday’s business.
You also agree not to use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You also agree not to attempt to gain unauthorized access to any other Oneday member accounts, computer systems or networks associated with the Website. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
RULES AND ABUSE
16. General Rules
You promise to follow these rules:
You will not send Spam! By “spam,” we mean the definition on the Spamhaus website (www.spamhaus.org).
You will not use purchased, rented, or third-party lists of email addresses.
You will not violate our Acceptable Use Policy, which is part of this Agreement.
If you violate any of these rules, then we may suspend or terminate your account.
Spam means “unsolicited bulk email.” If you send people mass email without their permission, you are spamming.
17. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Oneday user, we want to hear about it. Please report it to our abuse team. If you think anyone has posted material that violates any copyrights, please notify us immediately.
Every email sent from Oneday contains a unique message ID; please quote this to help us process your case.
18. Bandwidth Abuse/Throttling
You may only use our bandwidth for your Oneday emails. We provide image hosting only for your email campaigns, so you may not host images on our servers for anything other than your email campaigns (like a website). We may throttle your sending or connection at our discretion.
19. Compliance with Laws
You represent and warrant that your use of Oneday will comply with all applicable laws and regulations. You are responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you are subject to regulations (like HIPAA) and you use our Service, then we will not be liable if our Service does not meet those requirements. If you are located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your email distribution list, sending emails via Oneday, and collecting information as a result of sending emails, you:
(ii) Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Oneday.
(iii) Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Oneday to receive and process data and send communications to that individual on your behalf.
(iv) Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
European Economic Area
This applies to people who are sending to or from the European Economic Area. The EEA includes countries that are part of the European Union, plus Iceland, Liechtenstein, and Norway.
If you are located in Hong Kong SAR, you represent and warrant that you will comply with all terms specified under The Unsolicited Electronic Messages Ordinance ("the UEMO").
20. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
21. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we do not provide warranties of any kind, explicit or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
Warranties of Merchantability
Since people use Oneday for a variety of reasons, we cannot guarantee that it will meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that are not allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
23. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we will be entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
24. Liquidated Damages
In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages:
(i) If you send emails that violate anti-Spam laws, then the liquidated damages will be five times the amount you paid us over the past 12 months, but not less than HK$5,000.
(ii) If you host images for anything other than your Listings, or use our resources in any way that is not permitted by these Terms, then the liquidated damages will be four times the amount you paid us over the past 12 months, but not less than HK$ 5,000.
(iii) If you do not pay an amount due within thirty (30) days after we send you a late payment notice, then the liquidated damages will be three times the total amount you paid us over the past 12 months, but not less than HK$ 3,500 plus the amount owed.
For example, if someone were to get our IPs blacklisted or lower our deliverability by breaking spam laws, we may seek liquidated damages since it s hard to put a number on those losses.
25. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
26. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team are not responsible for the behavior of any advertisers, linked websites, or other Members.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
29. Choice of Law
30. Force Majeure
We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
33. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
34. Notification of Security Breach
In the event of a security breach that may affect you or anyone on your distribution lists, we will notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you wil promptly do it.
35. Entire Agreement