Last updated: April 22, 2024
Please read these terms and conditions carefully before using Our Service.
Welcome to Affinité’s Terms & Conditions of Use (there “Terms”). These Terms of Service (this “Agreemnet”) are between you and Spotlight Platform Limited (“we”, “us”, or “our”) on our mobile application Affinité is available on Android and iOS devices (each, our “App”). We hereby specifically remind you to carefuly read these Terms of Service (hereinafter referred to as the \”sgreement\”) and all the schedules hereof, to that you fully understand all provisions of the agreement before you register yourself as a user. By using our website, located at http://www.xn--affinit-hya.co (“Website”), our mobile application available on Android and iOS devices (each, our “App”), and/or other services we provide (collectively, the “Services”) you agree to be bound by this Agreement. If you disagree to be bound by this Agreement, you may not use the Services. Your use of, or participation in, certain Services may be subject to additional terms which will be presented to you when you access those Services. Please take a few moments to read these Terms before enjoying the App, because once you access, view, or use the App, you are going to be legally bound by the Terms.
Please be aware that if you subscribe to services for a term (the “Initial Term”), then the terms of your subscription will be automatically renewed for additional periods of the same duration as the Initial Term at Affinité’s then-current fee for such services unless you cancel your subscription in accordance with Section 5 below.
You are not allowed to copy or modify the App, any part of the App, or our trademarks in any way. Your are not allowed to attempt to extract the source code of the App. You should refrain from trying to translate the App into other languages or make derivative versions. The app itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, belong to SPOTLIGHT PLATFORM LIMITED, a company registeres in Hong Kong.
If you do not agree to be bound by this Agreement, you cannot proceed to use the Services. Your use of, or participation in, certain Services may be subject to additional terms which will be presented to you when you access those Services.
You must be at least 18 or older if your jurisdiction requires it. You must be at least 18 years old (or, if the age of majority is higher than 18 in your jurisdiction, then the age of majority in your jurisdiction) create an Account, and use the Services. By creating an Account and/or using the Services, you represent and warrant that you are at least 18 years old (or the minimum age of majority in your jurisdiction, whichever is greater).
You must be unattached and available. You may only use the Services if you are willing and capable of entering into a new romantic relationship and do not have an established monogamous romantic partner (“Unattached”).
You may not have a criminal record. You may not use the Services if you have been convicted of a felony, are required to register as a sex offender with any government entity, and/or are identified as a “Specially Designated National” (as such list may be updated from time to time, available at https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/hong-kong-related-sanctions). If any of the foregoing become applicable to you after you have created an Account, you must delete your Account immediately and you may no longer use the Services. We do not conduct criminal background screenings on Users. However, we reserve the right to conduct any criminal background check, at any time and use available public records, to confirm your compliance with this subsection.
Use of Service
In order to use Affinité, you must create an account with us (an “Account”) by first logging in with either your Google, or Apple account or by providing your phone number.
-
Your Account is only for you. You may only access and use your Account in accordance with this Agreement and for your personal use to find and communicate with potential dating partners. You may not authorize others to access or use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible for any third-party access to your Account, particularly any such access that results from theft or misappropriation of your Account or Google account’s login credentials. You agree to immediately notify Affinité of any disclosure or unauthorized use of your login credentials at info@xn--affinit-hya.co.
-
Accessing the Services from outside of Hong Kong. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of Hong Kong, you are fully responsible for complying with the laws and regulations of the territory from which you access or use the Services.
-
You are responsible for any content you submit. You are solely responsible for, and assume all liability regarding, any information and content you provide or otherwise make available on the Services, including without limitation text, images and video in your profile and in your communications with other Users (“User Content”).
-
No false information. By registering an Account and/or using the Services, you represent and warrant that all information you provide are true and accurate that are referring to your actual self. You shall not provide inaccurate, misleading or false information to AFFINITÉ or to any other Users. If the information provided to AFFINITÉ or another User(s) subsequently changes or becomes inaccurate, misleading or false, you will promptly notify us and/or any recipient of that piece of information for the update.
-
No contact information in your profile. You agree not to post any contact information such as your phone number and email address in the body of your profile.
-
You acknowledge that we are not responsible for third party access to your Account due to hacking, theft or misappropriation of your usernames or personal information. You should notify us immediately of any disclosure or unauthorized use of your login credentials at info@xn--affinit-hya.co
-
When using our Services, you will comply with all applicable laws and regulations in Hong Kong and/or in all applicable jurisdictions.
-
Access in Hong Kong. You agree you shall only use the Services in Hong Kong. While our Services can still technically be accessed outside of Hong Kong, using the Service may be prohibited or restricted in certain countries. You are responsible for determining whether the use of the Services is legal in your applicable jurisdiction. If you use the Service from outside of Hong Kong, you are fully responsible for complying with the laws and regulations of the territory from which you access or use the Services and we accept no liabilities.
There are three types of content that you will be able to access on the App:
-
Content that you upload and provide (“Your Content”)
-
Content that members provide (“Member Content”); and
-
Content that Affinité Appprovides (including, without limitation, database(s) and/or software) (“Our Content”)
Our Community Guidelines form part of these Terms and outline what content and conduct is accepted on the off our App. You agree to comply with our Community Guidelines as may be updated from time to time.
We want our users to be able to express themselves as much as possible and comply with all applicable laws, including without limitations, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements.
The following are prohibited without prejudice to any other restrictions and prohibitions in this Agreement:
-
Post, upload, or transmit any User Content that: is threatening,, offensive, deceptive, inappropriate, or promotes discrimination, hatred, harassment or harm against any individual or group;
-
Impersonate or misrepresent your affiliation with any person or entity;
-
Promote(s) violence or actions that are threatening to any person or entity; pornographic or contains nudity or graphic or gratuitous violence;
-
Uses explicit language or any information (particularly confidential and non-public information) about any third party without consent;
-
Infringes, misappropriates, or violates a third party’s trademark, patent, trade secret, copyright, moreal rights or toher proprietary rights, or rights of publicity or privacy;
-
Contains any type of unauthorized or unsolicited advertising or commercial communications (including but not limited to spam or multi-level marketing);
-
Include(s) fake information or impersonates any person or entity;
-
Promote(s) illegal or harmful activities or substances;
-
Violates any applicable law or regulation or would give rise to civil liability;
-
Collect User Content or any other information, be it personally identifiable or not or otherwise access the Services.
-
Using automated means (including but not limited to harvestin bots, robots, spiders, scrapers, or other means);
-
Use the Services for the benefit of any party except for your own Personal use;
-
Use the Services for commercial purposes or advertise any product or service, including but not limited to any engagement in multi-level marketing or “pyramid schemes” on the Services;
-
Harm the rights of any User:
-
Attempt in any way to obtain the login information of or otherwise access an Account belonging to someone else;
-
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming;
-
Bully, intimidate, threaten or harass any User
-
Violate the rights of Affinité or our Serivice;
-
Use, display, mirror or frame the Services or any individual element with the Services, our name, any Affinité trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
-
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.
-
Engage in any activity or use any program that could disable, overburden, or impair the proper working or our set appearance of the Services, using a program that interferes with other Services functionality;
-
Advertise any product or service, including any engagement in multi-level marketing or “pyramid schemes” on the Services; and
-
Commit anything in breach of any applicable laws and regulations, including but not limited to infringing Privacy of any user;
-
In any way use the Services to send or spread altered, deceptive, illegal or false source-identifying information and messages; and
-
Encourage or enable any other individual to do any of the foregoing.
Proprietary Rights
Ownership of Proprietary Information. You hereby acknowledge and agree that SPOTLIGHT PLATFORM LIMITED is the owner or licensee of all proprietary information which are highly valuable and accessible on or through the Services, including without limitation, the compatibility matching algorithm, compatibility profiles, and our Profile Survey (collectively, "Confidential Information"). SPOTLIGHT PLATFORM LIMITED owns and hereby retains all proprietary rights in the Services, including but not limited to, all Confidential Information.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Affinité, as well as the Affinité software and database(s), are owned, controlled or licensed by Affinité and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sublicense, under the following conditions:
-
you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
-
you shall not use our name in metatags, keywords and/or hidden text;
-
you are prohibited from creating derivative works from Our Content or scraping, disabling, decompiling, analyzing or commercially exploiting Our Content; and
-
you shall use Our Content for lawful purposes only.
We reserve all other rights.
No use of Confidential Information
You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
Other User's Information
Other Registered Users may post information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any AFFINITÉ or third-party proprietary information available via the Services.
License of Posted or Accessed Content
By posting information or content to your profile or making it accessible to us by linking your Account to any of your social network accounts (e.g. via Register with Google) subject to applicable privacy laws as they relate to any personal information contained therein, you automatically grant, and you represent and warrant that you have the right to grant, to AFFINITÉ and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, perform, publicly display, modify and distribute such information and content, and to prepare derivative works of, or incorporate into other works, and to grant and authorise sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Services in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights and waive certain other rights in connection with the additional terms and conditions (if any) of such features or programs.
Privacy Policy
For information about how AFFINITÉ collects, uses, and shares your personal data, please check out our Privacy Policy. By using Affinité, you acknowledge that we may use such data in accordance with our Privacy Policy.
Changes to Agreement Termination of Our Services
It is our
commitment to make the App as useful and efficient as possible, thus our Services will
evolve over time. As Affinité grows, we may have to update and make changes to this
Agreement at any time, so we reserve the right to modify the App, discontinue all or
part of the Services, or charge for its Services at our sole and absolute discretion at any
time. If we do so, we’ll let you know either by posting the updated Agreement on the
Site and App or through other communications. It’s important that you review the
Agreement whenever we update them or you use the Services.
It is our policy not to charge you for the App or its Services
without first explaining what you are paying for. If you continue to use the Services after
we have posted an updated Agreement, you are agreeing to be bound by the updated Agreement.
If you don’t agree to be bound by the updated Agreement, then you may not use the
Services anymore.
Termination of account
At any point, if you want your Account to be removed from our App, you can delete your Account in the App under 'Settings'. Upon the completion of processing the request, your AFFINITÉ profile and other records will be removed and invisible to other users on the App for any further matching purposes. You can re-register for a new Account in the future but the previous information or record from the deleted Account will no longer be available.
Affinité may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply and that such additional terms are incorporated herein by reference. When applicable, you may have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such In-App Purchase. In-App purchases may include but are not limited to profile boosting, additional matches, or other services. You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) paying with your credit card, or debit card, which a third-party processor will process. All prices listed for the In-App Purchase are offered in the displayed currency which exclude applicable taxes and duties. Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. You will be asked to supply additional information relevant to your In-App Purchase, including but not limited to your credit card number, the expiration date of your credit card and your email (such information, “Payment Information”).
You represent and warrant that all Payment Information you provide to us is accurate, complete and current. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your In-App Purchase and to charge your payment method for the In-App Purchase you have selected (plus any applicable taxes and other charges).
Depending on
the payment method, you may need to provide additional information to verify your identity
before completing your In-App Purchase.If payment is not received by us from your payment
method selected, you agree to promptly pay all amounts due upon demand by us.
One-Time Payment. The "One Time
Payment" refers to a non-recurring payment made by the user for the purchase of a
specific in-app product or service. Affinité dating has some features in the app that
you may purchase and once confirmed you will be charged immediately with the corresponding
price as a one-time payment. The in-app purchase will be available to the user immediately
upon successful payment.
Cancelling Subscriptions. When you purchase a subscription directly from Affinité , you may cancel or change your Payment Method via the purchase settings option under your profile. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.
Because our Services may be utilised without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your account, you must terminate your account as set forth in Section 15.
Currently, Affinité only operates for Hong Kong users but we are looking to expand soon. Meanwhile, we frequently offer promotional rates - which can vary based on length of subscription, bundle size and more. Affinité reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offering; to impose conditions on the honouring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offering or to honour any offer.Meanwhile, deleting your account or deleting the application from your device does not cancel ongoing subscriptions within the app.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Affinité services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device.
We reserve the
right to monitor the App and its contents at any time but are not obliged to do so. It is
your sole responsibility to comply with the requirements herein and all applicable laws and
regulations. No reliance shall be placed on us to monitor access to or use of the Services
and/or to review or edit any User Content.
We reserve the right to investigate violations of this Agreement
and/or conducts that affects the Services. Should any action be required of us for
compliance with this Agreement and to comply with applicable laws or other legal
requirements, we reserve our rights to seek damages and appropriate reliefs against you. We
reserve the right, at our sole and absolute discretion, to remove or disable access to any
part of the Services, including any User Content, at any time and without prior notice,
including, but not limited to, if we, at our sole and absolute discretion, consider any of
the foregoing to be objectionable or in violation of this Agreement.
We may also consult and cooperate with
law enforcement and other authorities, including by sharing any User Content, as requested
by law enforcement or as we, in our sole and absolute discretion, deem appropriate including
but not limited to circumstances in which we consider necessary to protect the safety or
wellbeing of our Users or any other person.
Reporting of Violations
If you discover any violation of the Agreement by other Users, kindly report it to us at info@xn--affinit-hya.co
Governing Law & Jurisdiction
"This Agreement, along with any disputes or matters arising from or related to the use of the Application, shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China."
Dispute Resolution
Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
The law of
this arbitration clause shall be Hong Kong law.
The seat of arbitration shall be in Hong Kong.
The number of arbitrators shall be two. The
arbitration proceedings shall be conducted in English.
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRENTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMIM EXPRESS OR IMPLIED WARRENTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, CREATES ANY WARRENTY, REPRESENTATION, OR GUARENTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. SPOTLIGHT PLATFORM AND AFFINITÉ ARE NOT RESPONSIBLE FOR USER CONDUCT NOR DO BOTH PARTIES CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
NEITHER SPOTLIGHT PLATFORM NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is significant, we will make reasonable efforts to provide at least 30 days' notice before the new terms take effect. What constitutes a significant change will be determined at our sole discretion.
It is your own
duty to ensure data security and proper function of your mobile phone. AFFINITÉ
accepts no liability for below reminders. You should exercise your own diligence and
cautions.
1. It is your responsibility
to keep your phone and access to the app secure. It is recommended that you do not jailbreak
or root [1] your phone, which is the process of removing software restrictions and
limitations imposed by the official operating system of your device. It could make your
phone vulnerable to malware/viruses/malicious programs, compromise your phone’s
security features and it could mean that the AFFINITÉ will not work properly or at
all.
2. Certain functions of the App will require the App to have an
active internet connection. The connection can be Wi-Fi or provided by your mobile
network provider. If you are using the app outside of an area with Wi-Fi, the agreement with
your mobile network provider if any may still apply and as a result, you may be charged by
your mobile provider for the cost of data for the duration of the connection while accessing
the App. There may be other third-party charges.
3. You take and
accept all responsibilities for any such charges, including roaming data charges if you use
the App outside of your home territory (i.e. region or country) without turning off data
roaming. If you are not the bill payer for the device on which you are using the app, you
shall have received permission from the bill payer for using the app.
We take no responsibility for the App
not working at full functionality due to whatever circumstances including but not limited to
no access to Wi-Fi, insufficient mobile data allowance, your devices running out of battery
or otherwise.
By using the App, you agree and acknowledge that Affinité is a local app operating through servers located in Hong Kong and Singapore. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Affinité, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:
-
the availability or accuracy of such websites or resources; or
-
the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.
These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.
If you have any questions, complaints or claims with respect to the App, please contact us at info@xn--affinit-hya.co
If you have any questions about our Terms and Conditions, do not hesitate to contact us at info@xn--affinit-hya.co