Terms and Conditions


This Terms and Conditions of Use contains provisions that define your limits, legal rights, and obligations with respect to your use and participation in any services and properties such as website or applications (“the Platform”) owned and operated by Jper Technology Limited (“the Company”, “Jper”, “we”, “us”, “our”). This Terms and Conditions of Use apply to all online visitors and/or users to our Platform.

We also have a Privacy Policy [https://www.jper.com.hk/privacy] (“Privacy Policy”) and may have other terms, legal notices and conditions applicable to various activities on our Platform, including terms and conditions that may apply to the purchase of services and to specific portions or features of our Platform (e.g., promotions or other similar features). All of the foregoing are incorporated herein by reference, and together with the Terms and Conditions of Use constitute a contract (the “Terms”) between Jper and you. You must agree to the Terms set out below in full before using Jper’s Platform. You can accept the Terms in two ways:

  • By clicking to “accept” or “agree” to the Terms, where this option is presented or made available to you on or from our Platform; and
  • By actually using Our Platform.
By using or receiving any services supplied to you by our Platform, and downloading, installing and/or using our Platform, you hereby expressly acknowledge and agree to be bound by the Terms. If you do not agree to the Terms, do not access or use our Platform.

Access to and use of the Platform is available only to individuals who are (i) at least 18 years old; (ii) not a person that are forbidden for any reason whatsoever to enter into a contractual relationship; (iii) in possession of a valid bank account acceptable to Jper for payment; and (iv) able to provide personal and payment details that you confirm are valid and accurate (email address, real name, birth date, personal identity documentation copy (HKID), phone number, billing information and other requested information as indicated on the Platform). By accessing or using the Platform, you declare that you meet the conditions under (i), (ii), (iii) and (iv) above. If you have any comment about the Platform or this Terms please Contact Us at info@jper.com.hk


1. Jper Platform

The Platform is a venue for managing home, shop, or office renovation, and connecting interior designers and contractors seeking to provide services (“Service Professionals”) with its service users seeking to obtain services (“Project Owners”, together with Service Professionals, “Users”). Those Services requested by the Project Owners, which are to be completed by the Service Professionals, are hereinafter referred to as “Services”. However, Jper is not responsible for the performance of Service Professionals, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever, nor of the integrity, responsibility or any of the actions or omissions of any Service Professionals. Jper makes no representations about the suitability, reliability, timeliness, or accuracy of the information requested and provided by Service Professionals identified through the Service whether in public, private, or offline interactions.


2. Registration and Bidding Procedures

To access and participate in the Platform, you will need to create a password-protected account (known as “account” thereafter). To register and create an account on the Platform, Project Owners must agree to the Terms of Service and provide any other information required by the Platform for registration, while Service Professionals must (a) agree to the Terms of Service, (b) provide any other information required by the Platform for registration, and (c) be verified by Jper to ensure their active status at the registered company.

Project Owners may select the suitable Service Professionals based on ratings and profile of the Service Professionals provided by Project Owners of the Platform. In opening the request for bidding by Service Professionals, we do not undertake to provide Project Owners with bids from suitable Service Professional(s), nor do we guarantee to Service Professionals that they will be hired by the Project Owner(s) who submit the requests.

Once hired by Project Owners, Service Professionals undertake to perform the services in accordance with their contract with Project Owners. Project Owners must observe the terms of their contract with Service Professionals, and furnish payment to Service Professionals through the Platform on a mutually-agreed date. Service Professionals must perform their contractual obligations, unless there was a material failure to comply with contractual obligations on the Project Owners’ part, including but not limited to the Project Owners’ refusal to pay.

In case of dispute, Jper reserves the right of final decision on the interpretation of these Terms of Service.


3. Payment

Project Owner must submit a Deposit Fund Notice through the Platform after making a deposit to Jper. All deposits then become the available funds for the Project Owner to use for the project. Please read the “Payment Instructions” to understand the payment terms and conditions.

Service Professional must issue invoice(s) for the Service through the Platform to the Project Owners. After receiving an invoice, a Project Owner must pay for the Service performed with the funds that had been deposited into his/her own Jper’s account. Please note that any payment to the Service Professionals must initiate from the Project Owners and only the Project Owners have the right to deal with the funds deposited into their own accounts on the Platform. Jper has no right and is not responsible for paying the Service Professionals for any services provided to the Project Owners.

It is important for Service Professionals to understand that when Project Owners pay for any Services under the invoices issued by Service Professionals via the Platform, Jper will withhold 10% of the total amount of invoice from a Service Professional, and Jper will release the remaining funds to the Service Professional only upon the completion of a construction project that is mutually agreed between the Project Owner and the Service Professional.

Design completion on Jper is defined by: (1) The Designer presses the "All Design Tasks are Completed" button on the “Design Complete” page and (2) The Project Owner presses the "Confirm Design Completion" button upon receiving the notification from Designer.

Project completion on Jper is defined by: (1) The Contractor presses the "All Contracting Tasks are Completed" button on the “Project Complete” page and (2) The Project Owner presses the "Confirm Project Completion" button upon receiving the notification from Contractor.

The Project Owner must confirm completion within 3 months upon the receipt of the Service Professional’s notification, failing which, the Platform will automatically release the remaining funds to the Service Professionals after the 3 months’ period counting from the day the Project Owner receives the Service Professional’s notification.

If there is a dispute upon the completion of a construction project, and such dispute is not resolved within the 3 months’ period, the Project Owner will have the option to press the “Hold Retention” button on the Platform, which then allows the Project Owner to hold the remaining funds until such dispute is resolved or to withdraw the remaining funds after 1 month from the day the Project Owner presses the “Hold” button.


4. Disclaimers And Limitation of Liability

The Company, through the Platform, offers information and a method to obtain Services. The Company is a technology company that does not provide design or constracting services and the Company is not an interior design or construction service provider. It is up to the third-party Service Professionals to offer design and construction services to you and it is up to you to accept such services. The service of the Company is to link you with such third-party Service Professionals but does not nor is it intended to provide design or construction services or any act that can be construed in any way as an act of such service. The Company is not responsible nor liable for the acts and/or omissions of any third-party Service Professionals and/or any design or construction services provided to you.

In no event will the Company or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Platform, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Platform, any web sites linked to this Platform, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not you are advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law.

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your breach of any of the Terms, (ii) your User communications, (iii) your use of materials or features available on the Platform or (iv) your violation of applicable law or any agreement or terms with a third party to which you are subject.


5. Release

If you have a dispute with one or more Users (either a Project Owner or Service Professional), you hereby release the Company (and our affiliates, and our and their respective officers, directors, agents, investors, subsidiaries, and employees) from claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Jper expressly disclaims any liability that may arise between Project Owners and Service Professionals through their use of the Services to be completed or completed by Service Professionals.


6. Independent Contractors

As a Service Professional, you represent and agree that you are an independent contractor providing Services to Project Owners. You agree to prepare the necessary tools and comply with the Laws of Hong Kong as to the required obligation of an independent contractor (including purchase of valid insurance coverage) in order to provide the Services lawfully. Service Professionals assume responsibility for their own chance of profit and risk of loss. There is no employment relationship formed between the Service Professionals, the Project Owners and/or the Company through the Services provided by the Service Professionals. Service Professionals SHALL NOT utilize the Platform to obtain employment and Project Owners SHALL NOT regard themselves as an employer of the Service Professionals.


7. PROHIBITIONS, PUBLIC AREAS, AND ACCEPTABLE USE

The Platform may contain profiles, email systems, blogs, message boards, applications, postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Project Owners and Service Professionals. You may use such Public Areas only to send and receive messages and contents that are relevant and proper to the applicable forum.

All submissions made to the Public Areas will be public and you will be publicly identified by your name or login identification when communicating in Public Areas, and Jper is not responsible for the action of any Users with respect to any information or materials posted in the Public Areas.

Without limitation, while using the Platform, you may not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including the Company’s staff;
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information;
  • Use the Platform for any purpose in violation of local, national, or international law;
  • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party;
  • Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer;
  • Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;
  • Advertise or offer to sell any goods or services for any commercial purpose through the Platform which are not relevant to the Services offered through the Platform;
  • Leave any inappropriate feedback on a Service Professional and you shall at all times use careful and good judgment in leaving any feedback;
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters;
  • Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments;
  • Post the same content repeatedly or submit unwanted email or comments to any Users (“Spamming”). Spamming is strictly prohibited;
  • Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Platform;
  • Restrict or inhibit any other User from using and enjoying the Public Areas;
  • Imply or state that any statements you make are endorsed by Company, without the prior written consent of Company;
  • Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Platform in any manner;
  • Hack or interfere with the Platform, its servers or any connected networks;
  • Adapt, alter, license, sublicense or translate the Platform for your own personal or commercial use;
  • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Company.
  • Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
  • Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner;
  • Use the Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Platform as set forth herein;
  • Use the Platform to collect usernames and or/email addresses of Users by electronic or other means; and
  • Register under different usernames or identities, after your account has been suspended or terminated.

By using the Platform, you agree to hold Jper free from responsibility for any liability or damage that might arise out of the Services. Jper is not responsible for the conduct, whether online or offline, of any user including Service Professionals, and will not be liable for any claim, injury or damage arising in connection with any Services.


8. SERVICE PROFESSIONALS

Service professionals shall not:

  • List Services or offers relating to any Service in a category inappropriate to the Service they are offering;
  • Violate any laws, third-party rights, account policies, or any provision of the Terms, such as the prohibitions described above;
  • Fail to perform Services purchased from you, unless the Project Owner fails to materially meet the terms of the mutually agreed upon;
  • Misrepresent the location at which they will provide a Service;
  • Include brand names or other inappropriate keywords in their Profile, title or any posting or submission made;
  • Use misleading titles that do not accurately describe the Service;
  • Include any information in their Profile that is fraudulent or otherwise incorrect;
  • Do anything to circumvent or avoid any fees that Jper may charge;
  • Use their Profile or in any way to promote services or products not offered through the Platform or any prohibited services;
  • Promote any website, service, product, party or anything not directly related to their Service or otherwise prohibited by Jper in its sole discretion from time to time;
  • Solicit users or any person to pay or do anything not specifically permitted by these Terms or by Jper as it may in its sole discretion determine from time to time; and
  • Do anything that contravenes these Terms or any law.

If a Service Professional violates any of the above, Jper may in its discretion take any action it deems fit, including but not limited to terminating or suspending the Service Professional’s account or use of the Platform.


9. PROJECT OWNERS

Project Owners shall not:

  • Purchase or use a Service without paying;
  • Fail to deliver payment for Services you purchased, unless the Service Professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional's identity;
  • Sign up, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
  • Agree to purchase a Service when you do not meet the Service Professional's terms, or agree to purchase a Service with the intention of causing disruption; and
  • Misuse any options made available now or in the future by Jper in connection with the use or purchase of any Service.

If a Project Owner violates any of the above, Jper may in its discretion take any action it deems fit, including but not limited to terminating or suspending the Project Owner’s use of the Platform.


10. RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY

All ratings and reviews of a Service Professional displayed on the Platform reflect the opinions of other Users, and do not reflect or represent the opinions or representations of Jper. The Company disclaims any and all representations or warranties with regard to the ratings and reviews. Jper does not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of the Platform or the materials contained therein.


11. LINKS TO THIRD PARTY SITES

Links provided on the Platform do not constitute the Company’s endorsement of those sites or their content. These links are provided as an information service, for reference and convenience only. Jper does not control any such sites, and is not responsible for their content, or any changes or updates to such sites. Jper does not have any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.


12. INTELLECTUAL PROPERTY RIGHTS

Jper owns all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively, “Proprietary Material”) that Users see or read through the Platform, excluding user-generated content that Jper has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Jper owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the Copyright Ordinance, Chapter 528 of the Laws of Hong Kong, where practicable as amended. The Proprietary Material is protected by domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Platform without the Company’s express prior written consent and, if applicable, the holder of the rights to the user generated content. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of the Company and, if applicable, the holder of the rights to the user generated content.

The service marks, logos, trademarks and/or trade names of Jper, including without limitation the Company and the Company logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing via the Platform are the property of their respective Project Owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the Project Owner.


13. TERMINATION

You are free to stop using our Platform at any time. However, once you have confirmed your match or commenced work with Service Professionals through our platform, you must inform and obtain their approval prior to canceling your project on Jper. We reserve the right to suspend or terminate your access to the Platform and the Services with notice to you if:

  • there is any non-payment for Services purchased by you,
  • you are in breach of these Terms,
  • you are using the Platform in a manner that would cause a real risk of harm or loss to us or other users, or
  • you do not have outstanding balance or incomplete project and have not accessed our Platform for 12 consecutive months.

We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the Platform.

We will not provide notice before termination where:

  • doing so would cause us legal liability or compromise our ability to provide the Platform and the services therein to our other users, or
  • we are prohibited from doing so by law.

14. MODIFICATIONS TO TERMS OF USE OR PRIVACY POLICY

Jper reserves the right to make changes to the Platform and the Terms at any time without notice, and your continued use of the Platform after any modification(s) constitutes acceptance by you of such modification(s). The Company also reserves the right to, with or without notice, refuse any visitors’ and/or users’ access to and use of the Platform, amend, suspend or discontinue the Platform, any part or any feature of the Platform or charge, modify or waive any fee in connection with the use of the Platform at our sole discretion. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to the Platform.


15. Governing Law

These Terms are governed by and construed in accordance with the laws of Hong Kong.


16. Mediation

To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of these Terms (“Dispute”), you and the Company may attempt to negotiate any Dispute by way of mediation (the “Mediation”) before initiating any arbitration proceeding. Such Mediation will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company’s address for such notices is: info@jper.com.hk and/or by mail to 21/F Pacific Plaza, 418 Des Voeux Rd West, Hong Kong.


17. Arbitration

Any dispute, controversy, difference or claim arising out of or relating to this Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it will 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.

Hong Kong law governs this arbitration clause. The seat of arbitration will be in Hong Kong.


18. Survival

In case any provision of this Terms is invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.

Failure to insist upon strict compliance with any provision in the Terms will not be deemed a waiver of such provisions. Our rights and remedies under these Terms is cumulative, and the exercise of any such right or remedy does not limit our right to exercise any other right or remedy. The provisions relating to intellectual property, limitation of liability, disclaimer and governing law, mediation and arbitration will survive the termination of this Terms.


19. Third Party Rights

A person who is not a party to this Terms may not, in its own right or otherwise, enforce any terms hereunder.


The Terms and Conditions of Jper has been translated into Chinese. If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.