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JYMP APP SERVICE AGREEMENT

JYMP is an smart phone-based online information and communication service. Please read this online service agreement (this "Agreement") before using the service. By continuing to use JYMP Appl, you agree to abide by the terms and conditions of this Agreement.

1. DEFINITIONS

1.1 The following definitions should apply in this Agreement unless otherwise stated.

“Account” means the registered account of a Member of the Service.

“Smart Phone” means the mobile phone, ipad or other electronic device of a Member used to access the Service.

“Content” means the data, information, materials, text, audio, video, photos, graphics, messages, blogs, ideas, comments, suggestions and/or other content.

“Member” means: (i) an individual who accesses and reads JYMP contents and/or (ii) a registered member of the Service, whichever applicable.

“Member Content” means collectively all Content that Members have made available or presented on the Service.

“Terms and Conditions” means the terms and conditions stated herein governing the use of the Service.

“JYMP Content” means all Content of JYMP that it has made available or presented on the Service.

“Service” means all online information and communication services which are available on the Appl including but not limited to access to and use of the Content subject to these Terms and Conditions.

“Third Party Content” means collectively all the: (i) Member Content; and (ii) Content which other third parties have made available or presented on the Service including but not limited to information relating to the Third Party Products.

“Third Party Products” means products and services of third parties which are and/or have been advertised or presented on the Service.

“Your Content” means all the Content that you have made available or presented on the Service as its Member.

2. GENERAL RULES AND REGISTRATION

2.1 You must register as a Member and pay for the subscription fee before you can use all of the Service.

2.2 Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your Account.

2.3 By registering for using the Service, you agree to be bound by all of the Terms and Conditions in this Agreement throughout the process and use of the same.

2.4 Brainwave Communications International Limited reserves the right to modify the Terms and Conditions in this Agreement or any features of the Service at any time. Such modification shall be effective immediately upon posting of the modified Agreement or features on the Appl without notifying you.

2.5 You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.

2.6 Brainwave Communications International Limited may also impose limits on certain features and services in respect of the Service.

3. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

3.1 JYMP Content

3.1.1 All intellectual property rights in the JYMP Content, including but not limited to the copyright in the compilation of all Content on the Service, shall remain with Brainwave Communications International Limited.

3.1.2 You shall not use, edit, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the JYMP Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any JYMP Content available on the Service unless otherwise permitted by JYMP in writing.

3.1.3 You shall not assist or facilitate any third party to make use of the JYMP Content in any manner that constitutes an infringement of our intellectual property and/or related rights, including but not limited to "framing", downloading or establishing unauthorized links to any part of the Content on your or any third party's web site.

3.1.4 The domain name(s) on which the Service is/are hosted on is/are the sole property of Brainwave Communications International Limited. You shall not use or otherwise adopt a same or similar name(s) for your own use.

3.1.5 The trademarks, logos and service marks of JYMP displayed on the Service are the sole property of Brainwave Communications International Limited. You are not permitted to use any JYMP Marks without the prior written approval of Brainwave Communications International Limited.

3.2 Third Party Content

3.2.1 The trademarks, logos and service marks of any third parties (“Third Party Marks”) and all Third Party Content remain the sole property of the relevant Third Party.

3.2.2 In respect of the Third Party Marks, you are not permitted to use any of the same or the name of such Third Party without the prior written approval of such Third Party.

3.2.3 You shall not use, edit, publish, adapt, translate, make derivative works from, distribute or otherwise the Third Party Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any Third Party Content available on the Service unless otherwise permitted by such Third Party in writing.

4a. FEES AND PAYMENT ( App Store - iOS )

4a.1 Payment will be charged to iTunes Account at confirmation of purchase

4a.2 Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period

4a.3 Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal

4a.4 Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase

4a.5 No cancellation of the current subscription is allowed during active subscription period

4a.6 Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication.

4b. FEES AND PAYMENT ( Google Play - Android )

4b.1 Brainwave reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole unless otherwise provided herein. Payment is charged through Google Wallet. Google Play bills the member’s Google Wallet account at the time of purchase and monthly subsequent to the purchase date.

4b.2 Billing continues indefinitely by month. At each subscription renewal, Google Play charges the user account automatically, then notifies the user of the charges afterward by email.

4b.3 If a recurring payment fails, the subscription does not renew. Member would not access the APPL download.

4b.4 To unsubscribe the service, you need to update the Google Play Store.

4b.4.1 Launch the Google Play Store app.        

4b.4.2 Tap Menu -> My Apps -> Subscriptions and tap on the app

4b.4.3 Tap “Cancel” and “Yes” to confirm the cancellation

4b.5 When the member cancels a subscription, Google Play does not offer a refund for the current billing cycle. User is allowed to have access to the cancelled subscription until the end of the current billing cycle.

4b.6 Our fees and charges are normally stated in Hong Kong Dollars ("Quoted Fees"). If you elect to pay the fees and charges by credit card in a currency other than Hong Kong Dollars, you shall be fully responsible for payment of: (i) the amount in such currency that your credit card company charges you in order to settle he Quoted Fees irrespective of any exchange rate fluctuations; and (ii) all currency conversion and/or related fees, if any. Brainwave Communications International Limited shall not be liable for any payment, refund or fees in this regard.

4b.7 If you had not opted out the auto-renewal arrangement when you placed your subscription order, your subscription shall be automatically renewed upon its expiry unless you give us at least ten (10) working days' prior written notice not to have your subscription renewed.

5. FEES AND PAYMENT ( Apple IOS)

5. DISCLAIMER OF WARRANTIES

5.1 Service and Smart Phone

JYMP makes no representation or warranty that:

5.1.1 the access to and functioning of the Service and the availability of any Content on the same will be timely, uninterrupted, without error or omission; and free of viruses or other harmful components; and

5.1.2 the download, installation or use of any Content in or with any smart phones, tablet will not affect the functionality or performance of the device.

5.2 Content

JYMP makes not representation or warranty regarding the use or the results of the use of any Content on the Service in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise.

5.3 JYMP Content

JYMP makes every effort to ensure that all JYMP Content on the Service is accurate and complete to the best of JYMP’s knowledge. However, JYMP provides the JYMP Content for informative purposes and on an ‘as is” basis only. JYMP disclaims all warranties, express or implied, including but not limited to the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or the warranty of non-infringement to the extent permissible under law.

5.4 Professional or Expert Advice

The data, information and/or any Content made available on the Service are of a general nature and do not purport to contribute an offer or a provision of any professional or expert advice. You should consult a qualified professional adviser or expert to obtain independent advice and verification of the information and data contained in the Service as necessary.

6. HACKING, DISRUPTION AND IMPAIRMENT

You hereby undertake not to hack into, interfere with, disrupt, disable or otherwise impair the proper working of the Service including but not limited to reprogramming, reverse engineering, decoding, tampering, sniffing and session hacking.

7. SECURITY

You are responsible for all usage or activity on your Account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Brainwave Communications International 's sole discretion, and JYMP may refer you to appropriate law enforcement agencies.

8. SUSPENSION AND TERMINATION OF SERVICE

8.1 Brainwave Communications International Limited may (i) deactivate or suspend the Service or any part thereof, with or without notice to you, to carry out system, maintenance, upgrading, testing and/or repairs; (ii) limit or suspend your access to any of the Service with or without notice to you if Brainwave is of the opinion that such action is appropriate as a result of your use of the Service; (iii) take any steps or omit to take any steps, with or without notice to you, for any reason Brainwave Communications International Limited deems relevant to the management or the operation of any of the Service and Brainwave Communications International Limited 's business, that may expand, reduce, modify, suspend, limit, make inaccessible or adversely affect the Service or any part thereof.

8.2 Brainwave Communications International Limited may, upon discovery of suspected or inchoate, fraudulent, deceptive, unlawful or improper use of the Service by you, suspend your access to any or all of the Service temporarily or permanently.

8.3 This Agreement may be terminated by Brainwave Communications International Limited for any reason at any time. You cannot terminate your subscription. Brainwave Communications International Limited shall not refund to you any part or all of the subscription fee that you paid unless otherwise provided in this Agreement. This Agreement shall remain valid and effective until Brainwave Communications International Limited terminates the same in the manner prescribed above.

8.4 Termination hereunder shall not affect Brainwave's rights in relation to any antecedent breach or liability incurred prior to the date of termination nor shall it affect the coming into force or the continuance in force of any provision contained herein which is expressly or by implication intended to come into or continue in force on or after such termination. All remaining benefits (whether monetary or non-monetary) that you may enjoy under this Agreement at the date of termination shall be forfeited absolutely.

9. WRITTEN EVIDENCE

9.1 You hereby agree that all records of JYMP Appl relating to the Service, your use of the Service and/or Website, your Account, your particulars, any Content or these Terms and Conditions (collectively the “Records”), though in electronic form, are written and original documents.

9.2 You shall not dispute or challenge the validity, enforceability or admissibility of any Record on the grounds that it is not a written or original document, is in electronic form or was produced by or is the output of a Computer; and you hereby waive any such right you may have under law.