Terms of Service
Welcome to Stackkup
Welcome to Stackkup! These Terms of Services ("Terms") set forth the legally binding terms and conditions for your access and use of the Services. These Terms are entered into by and between you and the Stackkup Company ("Stackkup", "we", "us" and "our"). Please read these Terms fully and carefully before using www.stackkup.com (as well as other websites and digital properties that Stackkup operates and that link to these Terms, collectively the "Websites") and the services, content or applications offered by Stackkup (together with the Websites, the "Services"). The Services include, without limitation, applying for, purchasing and making claims under your insurance policy provided by Stackkup.
We provide the Services to you subject to these Terms. By accessing and using the Services, regardless of whether you register or create an account through the Websites, you accept and agree to be bound by these Terms.
Changes to these Terms and Services
We are always trying to improve the Services, so they may change over time. We therefore need to reserve the right to change these Terms at any time, but if we make any material changes that may affect you, we will bring it to your attention by posting the modified Terms on the Websites, by sending an email to your registered email address (if any), and/or by some other means. It is important that you review the Terms whenever we change them, as the changes will be effective immediately upon being displayed on the Websites. If you use the Services in any way after a change is effective, you implicitly agree to all of the changes. If you don’t agree with the new Terms, you are free to reject them, but you may no longer be able to use some or all of the Services.
We have the right to withdraw, suspend and/or terminate all or part of anyone’s access to the Services at any time without notice, and all terms and conditions below shall survive the termination of access.
Use of Our Services
You may be required to register for an account and login using a username and password. Due to the nature of our Services, if you elect to apply for insurance from Stackkup, you must also accept our Electronic Notices, Disclosure and Signature Consent Agreement.
You promise to provide us with accurate, complete, and updated information about yourself, and to keep such information current. You may not transfer your account to anyone else without our prior written permission.
You will only use the Services for your own internal, personal, non-commercial use, and the personal, non-commercial use of your family members or dependents to which Stackkup may provide insurance coverage under your policy. You are not authorized to use our Services if your use is prohibited by applicable laws. We are not responsible for your using the Services in a way that breaks the law.
Use of Information and Materials
The information and materials on the Services, including without limitations text, graphics, recommendations, illustrations and other items (collectively, the "Content"), are provided for general information only. The Content is provided without regard to the objectives, situation or specific needs of any particular person.
Your use of the Content is solely at your own risk. The Content provided is not a substitute for professional financial, health care, tax, or legal advice. All information contained in the Services shall only be used for reference only and should not be treated as advice given by Stackkup.
Copyright, Trademarks and Intellectual Property Rights
Unless indicated otherwise, Stackkup owns the copyright of all Content within the Services. All Content are subject to copyright laws with all rights reserved. Users are allowed to download and/or print individual sections of the Services for personal use and reference on the condition that all copyright and other proprietary notices are retained. Users are not allowed to reproduce (in whole or in part), modify, decompile, disassemble, copy, store, distribute, transmit, use for any commercial purpose or create any derivative works whatsoever based on the Services or Content without prior written permission of Stackkup. The foregoing prohibition in this Section does not apply to your own information that you legally upload to our Websites, or otherwise provide to our Services.
All trademarks, logos and service marks and related intellectual property rights displayed on the Services are either owned by Stackkup or other third parties and are protected. Using these trademarks, logos and service marks without prior written permission of Stackkup or the owners of the relevant trademarks, logos and service marks are prohibited.
Some or all of our Services may be subject to payments now or in the future (the "Paid Services"). Any payment terms presented to you in the process of using or registering for a Paid Service are deemed part of these Terms.
We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account on the Services (your "Billing Account") for use of the Paid Services. The processing of payments will be subject to the terms and conditions of the Payment Processor, in addition to these Terms. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if the Payment Processor has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the provider of your chosen Payment Method.
You must provide current, complete and accurate information for your billing account. You must promptly notify us if your payment method is cancelled (for example, through theft), or if you are aware of a potential security breach.
Open Source Software
Certain software code incorporated into, or distributed with, the Services may be licensed by third parties under various "open-source" or "public-source" software licenses (collectively, the "Open Source Software"). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions under such open-source software license agreements.
All Content in the Services are provided "as is", "as available".
Stackkup does not warrant the accuracy, adequacy, currency or completeness of such Services, and expressly disclaims liability for errors or omissions in this Content. No warranty of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the Content.
While Stackkup endeavors to make the Services available, nothing herein should be construed or be regarded as a warranty that the Services will be available (whether uninterrupted or available at all). Stackkup shall at any time, in our sole discretion and without prior notice, be entitled to suspend the operations of the Services – temporarily (for maintenance purposes or in the event of excess demand for the Services) or permanently – without any liability whatsoever.
Limitation of Liability
Stackkup does not limit our liability to you where it would be illegal to do so. This includes any liability for Stackkup’s fraud or fraudulent misrepresentation. This section does not affect consumer rights that cannot be waived or limited by any contract or agreement. If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.
Other than for the types of liability that we cannot limit by law, Stackkup will not be liable in any event for any damages (including direct or indirect, special, incidental, or consequential damages, losses or expenses), however caused, arising in connection with the Services or use thereof or inability by anyone to use, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Stackkup, or representatives thereof, are advised of the possibility of such damages. Stackkup will also not accept responsibility for any such damages suffered by anyone arising out of the use of or reliance on the accuracy, adequacy, currency or completeness of the Content on or accessed through our Services.
You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless Stackkup from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys' and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Stackkup reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Third Party Websites, Services and Hyperlinks
These Terms do not apply to third party websites or applications to which we provide access through our Services. The owners of these websites or applications set their own terms and privacy policies independent of Stackkup. We encourage you to review the terms and privacy policies of these sites and applications before you access or use them.
Our Websites may contain hyperlinks to other websites. Such hyperlinks are provided for convenience only, and Stackkup does not undertake to ensure that such hyperlinks remain current or are maintained. The content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, controlled or endorsed by Stackkup. Stackkup does not make any representations or warranties about any other website. Users access such hyperlinks entirely at their own risk.
Submission of Information
All information submitted via our Services shall be regarded as and remain the property of Stackkup, and Stackkup shall retain the right to use, for any purposes, any ideas, concepts, know-how or techniques contained in such information. Stackkup shall not be subject to any obligations of confidentiality regarding submitted information except as agreed under direct customer relationship with Stackkup or as otherwise specifically agreed or required by law.
Inconsistency in Wordings
In the event of any ambiguity or inconsistency between the English and the local language versions of these Conditions, the English version will control and prevail. Governing Law and Jurisdiction These Terms of Services shall be governed by and construed in accordance with the laws of Hong Kong.
All disputes arising from, out of or in relation to the terms in these terms and conditions shall be referred to and finally resolved by arbitration in Hong Kong in accordance with the rules of Hong Kong International Arbitration Centre ("HKIAC") that may be in force from time to time. The arbitration tribunal shall consist of a single arbitrator to be appointed by us. The decision of the arbitrator shall be final and binding. The language of the arbitration shall be in English.
If you do not wish to accept Cookies from our Websites, you can disable Cookies by changing the web browser settings on your devices. You should be aware that blocking Cookies may affect your ability and experience with using our Website.
In case of discrepancies between the English and the local language versions of this policy, the English version shall apply and prevail.
What are Cookies?
Cookies are small text files containing a small amount of information. When you visit a website, Cookies are automatically stored on the web browser in your computer or mobile device and the website will try to retrieve Cookies to remember you and your preferences to better arrange content to suit your interests.
What Information are Collected by Cookies?
Cookies collect anonymous visitor’s personalized settings information. They do not collect name, address or any information that will enable anyone to contact you via telephone, e-mail or any other means. Cookies do not store customer personal data.
We may also engage third parties which use applications such as (but not limited to) Google Inc. to conduct research on certain usage and activities on parts of our website. Such applications help us identify any technical issues and improve the way in which our Website caters to visitors' needs. Any information collected through the use of these applications is aggregated, and no customer personal data is collected or stored by these third parties or shared with us.