Terms of services

Please read these Terms of Service. You agree to comply and be bound by these Terms of Service by accessing or using the Palace Studios or Palace Platform (REGARDLESS OF WHETHER YOU HAVE REGISTERED FOR A PALACE ACCOUNT OR YOU ARE INVITED/PROVIDED ACCESS TO THE SAME BY OTHERS).

These Terms of Service ("Terms") constitute a legally binding agreement between you and Palace Heights Limited, a company incoproated in Hong Kong with its registered office located at G/F Shop 10, Kwan Yick Building Phase III, No. 158A Coannught Road West, Hong Kong ("Palace", "Company", "we" or "us"). These Terms govern your access to and use of the Palace Studios (as defined below), the Palace website and any other sites through which Palace makes the Palace Services available (collectively, the “Site”), our mobile, tablet, and other smart device applications, and application program interfaces (collectively, the "Application") and all related services (collectively, the "Palace Services"). The Site, the Application, and Palace Services are collectively referred to as the "Palace Platform".

Palace reserves the right to change or modify any of the terms and conditions in these Terms from time to time, any time, without notice and in its sole discretion. Any changes or modifications to these Terms will be effective upon changes being published on Palace website or Application. Your continued use of the Palace Services following the posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Palace Services. You are responsible for regularly reviewing the most current Terms. Our Privacy Policy applicable to your use of the Palace Platform are incorporated by reference into this agreement.

1. Eligibility and Using the Palace Services

You must be at least 18 years old and able to enter into legally binding contracts to access and use the Palace Studios Palace Platform or register for a Palace Account. Palace Studios (which refer to Palace’s physical locations, including common areas, access areas, as applicable, and are accessible via the Site, the Application or any other means), are not available to persons under the age of 18. By using the Site, Application or Palace Studios, you represent and warrant that you are at least 18 years old and have the legal capacity and authority to enter into a contract. Your participation in using the Palace Platform or the Palace Studios is for your sole, personal use and not for commercial purposes. You may not authorize others to use your user name and/or password, and you may not assign or otherwise transfer your user account and/or password to any other person or entity. When using the Palace Platform or Palace Studios, you agree to comply with all applicable laws in Hong Kong.

A booking of Palace Studios is a limited license to enter, occupy, and use the Palace Studios. Palace retains the right to re-enter the Palace Studios during your use, to the extent: (i) it is reasonably necessary, and (ii) consistent with applicable law. If you exceed the amount of time for which you booked a Palace Space, Palace has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable excess time charges and overage charge as per clause 5 below. You may not exceed the number of persons permitted in Palace Studios at any given time.

You are responsible for confirming that you, and anyone you invite or otherwise provide access to the Palace Studios (“Your Guest”), meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing Palace of any medical or physical conditions, or other circumstances that may impact your (and Your Guest’s) ability to participate, attend, or use the Palace Studios. Except where expressly authorized, you may not allow any person to use the Palace Studios unless they are included as an additional guest during the booking process.

Terms Specific for Rehabilitative Professionals (i.e. Physiotherapists, Sports Therapists, including Personal Trainers).

Any rehabilitative professional must have a valid professional indemnity insurance policy, with a minimum general liability coverage of $2,000,000 Hong Kong Dollars in order to sign up for an Account and to use the Palace Studios for rehabilitative training. Insurance policy must be in force at the time you register for an Account and must be kept in force at all times during your use of the Palace Services. Palace reserves the right to request a copy of a professional indemnity insurance policy at any time and any additional information we may require.

As further described in the Privacy Policy, Palace uses a third-party payment processor (the "Payment Processor") to link your credit card account to the Site and the Application. The processing of payments or credits, as applicable, in connection with your use of the Site, Application and Palace Studios will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. Palace is not responsible for any errors by the Payment Processor.

By using the Palace Services, you agree to be bound by and comply with any additional terms, conditions and policies provided by the owner, tenant, and property manager of the Palace Studios (collectively, the "Property Managers") relating to the use of a specific Palace Space(s), including compliance with the Deed of Mutual Covenant of the Building (if any), building security procedures, IT access and use procedures provided by the Property Manager (the "Manager's Policies"). The Manager's Policies may be provided in electronic format through the Application, Site or in hardcopy format at the Palace Studios.

Some components of the Palace Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service. If you access or download the Application from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement.

2. Account Registration

In order to be able to use the Site, Application or the Palace Studios you first need to sign up for an account with Palace, which you can do through the Site or through the Application. When signing up, you will be asked to provide Palace with your personal information, mobile telephone number and credit card information (which will be held and processed by our third party Payment Processor further details of which are set out in the paragraph above and in our Privacy Policy). Once you complete your sign- up with Palace, you will be provided with a personal account (an “Account”). You agree to maintain complete, accurate, and up-to-date information in your Account. Your failure to maintain complete, accurate, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Site, Application or the Palace Studios. If you provide information that is untrue, inaccurate, not current or incomplete, or if Palace has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Palace reserves the right to suspend or terminate your Account and refuse any and all current or future use of the Palace Services. You may not use the Palace Services for any illegal purpose or in any manner inconsistent with these Terms.

You are responsible for all activity that occurs with respect to your Account, including, without limitation, use of the Site, Application, and Palace Studios. Without limiting the foregoing, for any reservation made through your Account, if other persons are present in the Palace Studios, you hereby agree to be fully responsible and to indemnify Palace for any violation of these Terms or applicable laws, by-laws or regulations, even if such violation was caused by such other persons.

You acknowledge that Palace may collect and store Your personal information and behavior within the Platform (the "Content"), and You hereby consent to such collection and storage.

You acknowledge and agree that Palace: 1) may preserve Content; and 2) may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Palace, its users and the public.

3. Palace House Rules

By using the Palace Services, YOU AGREE TO:

1. follow all additional rules, regulations, and by-laws regarding Palace Studios, as may be communicated through the Site, Application, posted signs, or otherwise.
2. use the items in the Palace Studios safely and properly.
3. use the items in the Palace Studios only when you understand how to use it safely and properly.
4. put all items back in their original place safely and neatly after use.
5. sanitize your hands before using Palace equipment.
6. provide Palace and/or the building owner and/or building management office with whatever proof of identity we/they may reasonably request.
7. exit Palace Studios on time and be courteous to any users entering after you.
8. leave Palace Studios in a clean and tidy condition.
9. ensure that you have taken all of your personal belongings when leaving Palace Studios. Neither Palace nor any building owner nor building management office is responsible for any property you may leave behind in Palace Studios.
10. be held liable for any costs to clean Palace Studios in the event that Palace determines, in its sole discretion, that you have not left the Palace Studios in a clean and tidy condition following your use.
11. be held liable for any costs to repair any damage to Palace Studios and items therein during your use of Palace Studios.
12. be held liable and will be charged by Palace for any items that are taken from Palace Studios.
13. when using the internet within Palace Studios, you shall only use it for lawful purposes, and without restricting the foregoing, you shall not use it for purposes of illegal or criminal acts, consumer fraud, etc.
14. wear suitable clothing and footwear or clothing appropriate to the building's situation while using Palace Studios.
15. adhere to the capacity limit as to the number of persons permitted in Palace Studios at any given time, and that such limit shall be posted on the Site or Application.

YOU AGREE NOT TO:

1. use the items in the Palace Studios when you do not understand the operation of the same.
2. use Palace Studios for unlawful or illegal purposes.
3. use Palace Studios for any inappropriate purposes, including but not limited to drug use, alcohol abuse, gambling or prostitution, pornography, sexual activity, violent or threatening behavior, skateboarding, biking, roller-skating, roller blading, or any other purpose reasonably likely to reflect negatively on Palace or any building owner.
4. smoke or vape in Palace Studios.
5. light or allow any candles, incense sticks or naked flames in Palace Studios.
6. make excessive noise in Palace Studios, nor create any noise nor conduct any other activity which would in the judgment of Palace or any building owner or building management office judgment disturb the tenants or occupiers of other portions of the building or other property in the neighbourhood or in any way against the laws or regulations of The Hong Kong S.A.R.
7. bring or keep any animals in Palace Studios, except for service animals, which shall at all times be harnessed or leashed.
8. use the Site, Application or Palace Studios for sending or storing any unlawful material or for fraudulent purposes.
9. install, remove or modify any fixtures, equipment, machinery or appliances in Palace Studios.
10. use the Site, Application or Palace Studios to cause nuisance, harassment, or inconveniences to other users, building owners, tenants or others.
11. copy, or distribute the Site, Application or other content without written permission from Palace.
12. try to harm the Site, Application or Palace Studios in any way whatsoever.

If you feel that any Palace member or person in Palace Studios that you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour; (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Palace with your police station and report number (if available), provided that your report will not obligate us to take any action beyond that required by law, if any, or cause us to incur any liability.

You further acknowledge that your use of the Palace Studios does not constitute Palace or the Building Owner granting you a lease, but is rather a limited, revocable, non-exclusive, non-transferable contractual license to use, subject to the terms of this Agreement. In its sole discretion and without limiting any of Palace's other rights hereunder, Palace may restrict your access to the Palace Studios in the event of fraud, trespassing, or violation of this Agreement.

4. Damages, Repair or Cleaning Fees

As a user of Palace Studios, you are responsible for leaving the Palace Studios (including any property in the Palace Studios) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of Your Guest, including but not limited to any injury caused to others.

Further to this, you are responsible for the cost of any damage repairs and/or replacement and/or necessary cleaning of Palace Studios and the equipment therein resulting from violation of these Terms or use of Palace Studios by you or Your Guest in excess of normal "wear and tear". If Palace, in its reasonable discretion, determines that excessive repair or cleaning is required, Palace reserves the right to charge the payment method designated in your Account for the reasonable cost of such repair and/or replacement (the "Repair or Replacement Costs") and/or cleaning ($250 Hong Kong Dollars per occurrence) (the "Cleaning Fee") as well as an additional service fee (which shall not exceed $5,000 Hong Kong Dollars per occurrence). Any such amounts are non-refundable and at the reasonable discretion of Palace.

5. Payment Terms

To the extent the Palace Platform or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Palace that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Palace, or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur.

You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and these terms. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Palace (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Palace know within sixty (60) days after the date that Palace charges you.

We reserve the right to change Palace’s prices. If Palace does change prices, Palace will provide notice of the change through the Palace Platform user interface, a pop-up notice, email, or through other reasonable means, at Palace’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Palace Platform after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Palace Platform, other than taxes based on Palace ’s net income.

Any fees which Palace may charge you for the use of the Site, Application or Palace Studios, including any Repair or Replacements Costs or any Cleaning Fee, will be as set out on the Site or Application at the time of purchase, are inclusive of any taxes payable. Palace reserves the right to determine final prevailing pricing.  Please read our Cancellation, Rescheduling and Refund Policy.

You do hereby agree that you shall be charged fees based on the length of time of your booking of the Palace Studios (regardless if you only make use of the Palace Studios for less than your booked time). If you exceed the amount of time for which you booked a Palace Space, then you shall be charged for such excess time, as well as an overage charge if such excess time conflicts with another user’s booked time. You do hereby consent to such excess time charges and to such overage charge.

Palace may make promotional offers to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Palace may change the fees for the Site, Palace Studios or Application at our sole discretion. We encourage you to check back at our Site periodically to find out about how we charge for the Site, Palace Studios or Application.

If a credit card charge is declined, we will notify you to provide a valid replacement. Failure to provide a replacement within 12 hours may result in the suspension of your rights from accessing the Palace Services. If a payment is declined, refunded, cancelled or charged back by your credit card issuing bank, or another person, you are not entitled to the return of any associated service fees (such as payment processing fees), irrespective of the reason for such decline, refund, cancellation or charge back. Palace reserves the right, at its sole and utter discretion, to review and refuse a payment or the processing of a payment if it suspects any fraudulent activity or for any reason whatsoever. If you access the Site via your mobile phone (through the Application, for example), please be aware that your carrier’s normal rates will still apply.

Payment Processing: Notwithstanding any amounts owed to Palace hereunder, PALACE DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Palace Services via bank account, credit card, or debit card, we use Checkout.com and its affiliates (“Checkout”), a third-party payment processor. These payment processing services are provided by Checkout and are subject to the Checkout terms and conditions and other policies available at https://www.checkout.com/legal/terms-and-policies and its Privacy Policy available at: https://www.checkout.com/legal/privacy-policy (collectively, the “Checkout Agreements”). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Checkout Agreements for the payment function the user is using, as the same may be modified by Checkout from time to time. You hereby authorize Checkout to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Checkout for more information. Palace assumes no liability or responsibility for any payments you make through the Palace Services.

6. License, Restrictions and Copyright Policy

Subject to your compliance with these Terms, Palace grants you a limited, non-exclusive, non-transferable and revocable license to use the Palace Services. Should you choose to download content from the Palace Services, you must do so in accordance with these Terms. Such content is provided to you for its intended purposes only and remains at all times the property of Palace.

You will not use, copy, adapt, decompile, modify, reverse engineer, prepare derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Palace Studios, Application or any content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Palace or its licensors, except for the licenses and rights expressly granted in these Terms or expressly agreed in writing by Palace.

7. User Content

Palace may, in its sole discretion, permit users of the Palace Services to post, upload, publish, submit or transmit content. You are solely responsible for all content that you upload, email, post or otherwise transmit via or to the Site, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("User Content"). By making available any User Content on or through the Site, Palace Studios or Application, you hereby grant to Palace a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, sublicensable, transferable right and irrevocable license, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content including but without limitation on, through or by means of the Site, Palace Studios or Application. In connection herewith, you hereby renounce and waive in favour of Palace any moral rights you have or might have, now or in the future, with respect to User Content. Nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any User Content. You also hereby represent and warrant that you have the right to grant us this right over your User Content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims resulting from same.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site, Palace Studios or Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site, Palace Studios or Application or you have all rights, licenses, consents and releases that are necessary to grant to Palace the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Palace ’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of privacy, or result in the violation of any applicable law or regulation.

You agree to not use the Palace Platform to:

• interfere with or disrupt the Palace Platform or servers or networks connected to the Palace Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Palace Platform;
• violate any applicable laws and regulations;
• violate any patent, trademark, trade secret, copyright, right to privacy or other proprietary right of any party;
• obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Palace Platform;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
• send or otherwise make available any inappropriate Content, including profane, defamatory, obscene, abusive, racist, indecent, or unlawful Content;
• impersonate any person or entity or make any false statements regarding any agency or affiliation with any entity or create a false identity; or
• do any other thing that may create liability for, or damage the interests of, Palace, Palace partners and vendors.

8. Intellectual Property

All intellectual property rights in and to the Site, Application, Palace Services and the Palace Studios, including, including but not limited to patents, copyrights, trademarks, industrial designs, trade secrets, and service marks, are the exclusive property of Palace or are licensed to Palace. The intellectual property rights in the Site, Application, Palace Services and the Palace Studios are protected by, among others, the Hong Kong Copyright Ordinance (Cap 528), Patents Ordinance (Cap 514), the Trade Marks Ordinance (Cap 559) and common law rules, or by provisions prescribed by any other law, in Hong Kong and abroad. All individual content, design, logos, widgets, articles of information, policies and other elements making up the Site, Application, Palace Services and the Palace Studios are also copyrighted works. You agree to abide by all applicable patent, trademark, copyright and other laws, as well as any additional patent, trademark and copyright notices or restrictions contained in the Site, Application, Palace Services and the Palace Studios. Any use of materials on the Palace Platform other than as permitted in this agreement including reproduction, modification, distribution, or republication, without prior written permission of Palace is absolutely prohibited. “Palace”, the Palace logo and other trade and/or service marks are the exclusive property of Palace and may not be used for any of the aforementioned purposes. Palace may protect the Palace Services by technological means intended to prevent unauthorized use of the Palace Services. You undertake not to circumvent these means. Infringement of the rights in and to the Palace Services will, in and on itself, result in the termination of all your rights under these Terms.

9. Application License

Subject to your compliance with these Terms, Palace grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on any mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (App Store Sourced Application), you will use the App Store Sourced Application only: (i) on an Apple- branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms and Conditions. Palace reserves all rights in and to the Application not expressly granted to you under this Agreement.

Mobile Services and Software

Mobile Services: The Palace Services includes certain services that are available via a mobile device, including (i) the ability to upload content to the Palace Service via a mobile device, (ii) the ability to browse the Palace Service and the Site from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Palace Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Palace and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Mobile App License: Subject to these Terms of Service, Palace hereby grants to you a limited, revocable, non-exclusive, non-transferable, non- sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Palace Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms. Each instance of these Terms that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.

Ownership; Restrictions: The technology and software underlying the Palace Service or distributed in connection therewith are the property of Palace, its affiliates, and its licensors (including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Palace.

Third-Party Distribution Channels: Palace offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Palace Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.

Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

• Company and you acknowledge that these Terms of Service are concluded between Company and you only, and not with Apple Inc. (“Apple”), and that as between Company and Apple, Company, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
• Your license to use the Apple-Enabled Software is limited to a non- transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple- Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Company’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
• Company and you acknowledge that Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Company as follows: Palace Heights Limited G/F Sh 10 Kwan Yick Building Phase III, No. 158A Connaught Road West, Hong Kong ; Contact email: support@palace- studios.com
• You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.
• Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Company only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Company, and not Google, is solely responsible for Company’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Company’s Google-Sourced Software.

10. SMS Messaging

Subject to obtaining your consent, Palace may send you SMS messages in relation to your bookings and use of Palace Studios and for promotional purposes. Message and data rates may apply.

If you change your mobile phone service provider, you might have to re- enroll with Palace in order to receive future SMS messages. Palace reserves the right to stop sending SMS messages at any time; you may opt-out at any time by replying from your mobile phone to any text from Palace with the word STOP, which opt-out will become effective within seven (7) days. It is important to note that opting out of SMS messaging may prevent you from receiving information necessary to properly use the Palace service, such as room access codes and other important information.

11. Third Party Services

During use of the Site, Application and Palace Studios, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Site, Application or Palace Studios. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. Palace and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, services or promotion between you and any such third party. Palace does not endorse any sites on the Internet that are linked through the Site, Palace Studios or Application, and in no event shall Palace or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. Palace provides the Site, Application and Palace Studios to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Palace disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.

Palace may rely on third party advertising and marketing supplied through the Site, Application or Palace Studios and other mechanisms to subsidize the Site, Application or Palace Studios. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising, you must notify us in writing. Palace reserves the right to charge you a higher fee for the Site, Palace Studios or Application, as the case may be, should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on Palace ’s Site located at www.palace-studios.com. Palace may compile, release and disclose non-identifiable information regarding you and your use of the Site, Application or Palace Studios as part of a customer profile or similar report or analysis, including, without limitation to third party service providers. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Palace Studios.

12. Indemnity

You agree to release, defend, indemnify and hold harmless Palace, applicable Building Owners, and their respectable officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (1) your use of and access to Palace Studios, the Site, the Application and the Palace Services; (2) your violation of any term of these Terms; (3) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (4) any claim that any content you submitted caused damage to a third party. You agree to notify Palace and in writing of such claim. If a claim subject to intellectual property infringement indemnification is made, Palace shall have the right to, at its option, either: (i) obtain for you the right to continue using the Site, the Application and the Palace Services or (ii) replace or modify the Site, the Application and the Palace Services so that such Site, Application and Palace Services becomes non-infringing and still provide substantially the same functionality for the user. This indemnification obligation will survive the termination of these Terms and your use of the Site, Application and the Palace Services.

13. Disclaimer

Palace provides the Palace Services, the Palace Studios, the Site, the Application and its content, materials, information, software and products included therein including separate services performed by third parties under contract for use on an “as is where is” and “as available” basis. To the maximum extent permitted by law, palace disclaims all representations and warranties whether express or implied, with respect to the Palace Aervices, including without limitation, (i) any warranties of merchantability and fitness for a particular purpose, features, quality, non-infringement, title, performance, compatibility, security or accuracy; and that the quality of the Palace Studios, as well as any products, services, information, or other material purchased or obtained by you through the Site or Application will meet your requirements or expectations. You acknowledge and agree that the entire risk arising out of your use of the Site, Application and Palace Studios, and any third party services or products remains solely with you, to the maximum extent permitted by law.

You hereby acknowledge and agree that: (a) the locking mechanism used on the Palace Studios is provided by a third party, and Palace and building owners shall have no liability whatsoever with respect to any failure of the locking system to work in its intended manner, including without limitation any loss or theft of your property; (b) the Palace Studios are located in buildings which are not owned or managed by Palace , and Palace makes no representations or warranties relating thereto. Additionally, Palace and building owners make no representation or warranty with respect to the suitability of any Palace Space for any particular activity nor any activities that are carried on in the Palace Studios, and shall not be liable in anyway for such activities.

Palace and building owners make no representation regarding the wifi accessible in the Palace Studios, including with regard to access thereto.

Palace does not warrant that the Palace Services will operate in an uninterrupted or error-free manner, or that the Palace Services will always be available or free from all harmful components, or that it is safe, secured from unauthorized access, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, originating either from Palace or its providers.

14. Limitation of Liability

Palace its officers, directors, shareholders, employees, suppliers, sub- contractors, agents and building owners, will not be liable for any direct, indirect, incidental, consequential, or any other damage or loss (including loss of profit and loss of data), costs, expenses and payments, arising from or in connection with the use of, or the inability to use the services, or from any fault, or error made by our employees or anyone acting on our behalf, or from your reliance on the content of the services, or from any denial or cancellation of your account, or from the retention, deletion, disclosure and any other use or loss of your content on the services. In no event shall Palace’s, its licensors’ or any building owner’s aggregate liability arising out of or relating to this agreement or your use of (or inability to use) a Palace Space, the Site or Application exceed the amounts actually paid by you to Palace in the six (6) month period immediately preceding the event giving rise to such claim or the amount of five hundred hong kong dollars ($500), whichever is greater. You understand and agree that you obtain or otherwise download content, material or data through or for the use of the Palace Services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. In addition, Palace does not represent or warrant that the information accessible via the website or the services is accurate, complete or up to date.

Responsibility for the decisions you make regarding Palace Studios offered via the Site or Application (with all its implications) rests solely with you. Palace will not assess the suitability, legality or ability of any such building owners or other third parties and you expressly waive and release Palace and building owners, to the maximum extent allowable under applicable law, from any and all liability, claims, causes of action, or damages arising from your use of the Site, aApplication or Palace Studios, or in any way related to the third parties introduced to you by the Site, Application or Palace Studios.

The quality of the buildings in which the Palace Studios are located are entirely the responsibility of the building owners. You understand that by using the Site, Application and the Palace Studios, you may be exposed to locations that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the Site, Application and the Palace Studios at your own risk.

15. Rating System

You may be required to rate certain aspects of your overall experience of the Palace Studios, which rating will be prompted through the Site or Application. If you do not participate in such rating when requested, Palace reserves the right (without limiting any of Palace’s other rights hereunder) to restrict your access to the Palace Studios. Additionally, if Palace, or if other users, rate your usage of the Palace Studios as being below a threshold acceptable to Palace, then we may in our sole discretion, and without limiting any of Palace ’s other rights hereunder, restrict your access to the Palace Studios.

16. Notices

Palace may send you notices by means of email to your email address on record in Palace’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Palace ’s account information. You may give notice, and address any complaint or claim to Palace (such notice, complaint or claim shall be deemed given when received by Palace) at any time by means of email to support@palace-studios.com.

17. Applicable Law

These Terms are governed by and construed in accordance with the laws of Hong Kong applicable therein, without regard to the conflicts of laws provisions thereof. The parties submit to the jurisdiction of the courts of Hong Kong.

18. Termination

You agree that Palace, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Palace or your use of the Palace Platform and/or the Palace Studios, and remove and discard all or any part of your account or any of your User Content, at any time. Palace may also in its sole discretion and at any time discontinue providing access to the Site, Application and Palace Studios, or any part thereof, with or without notice. You agree that any termination of your access to the Site, Palace Space, Application or any account you may have or portion thereof may be effected without prior notice, and you agree that Palace shall not be liable to you. These remedies are in addition to any other remedies Palace may have at law or in equity.

You may terminate your Account at any time by deleting the Application from your device, ceasing all use of the Site and Palace Studios and requesting Palace to cancel your account via email sent to support@palace-studios.com.

19. General

No joint venture, partnership, employment, agency or Landlord and Tenant relationship exists between you, Palace or any third party provider as a result of these Terms or use of the Site, Palace Studios or Application. This Terms may not be assigned by you (whether in whole or in part) without the prior written approval of Palace. These Terms may be assigned without your consent (in whole or in part) by Palace , including to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. If any provision is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Palace to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Palace in writing. These Terms comprise the entire agreement between you and Palace and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

20. Disclaimer and assumption of risk

You declare that you have voluntarily chosen to use the space made available by Palace Heights Ltd ("Palace"). In doing so, you understand, acknowledges and agrees that, despite Palace ’s effort to provide a safe environment, the use of Palace ’s facility during the COVID-19 pandemic exposes you to risks that you may impact your physical and psychological health (and that of your family and those that come into contact with you). Specifically, the risks include contracting the virus causing COVID-19 which may cause serious bodily injury, including death, and cause, directly or indirectly, property damage and/or economic losses. You acknowledge to follow and respect all preventive measures promulgated by government authorities and Palace to prevent the spread of COVID-19 and to inform Palace immediately if you become aware that any person carrying the virus frequented the premises or that any of the Measures were breached.

You acknowledge that Palace does not make any representations or warranties to the effect that the premises are exempt from the virus causing COVID-19 or that no person infected by the virus causing COVID-19 has recently frequented the premises. Therefore, subject to applicable laws, you hereby waive and renounces in favour of Palace , its officers, directors, managers, members, shareholders, employees and agents (collectively, "Palace Parties") to any and all liabilities, deficiencies, demands, claims, suits, actions, or causes of action, assessments, losses, costs, expenses (including reasonable legal fees), interest, penalties, obligations, reasonable costs or reasonable expenses of any and all investigations, proceedings, judgments and settlements (collectively, the "Losses") sustained or incurred by you, directly or indirectly, to the virus causing COVID-19 (the "Released Claims") and hereby grants to Palace a complete, total and final discharge with respect to the Released Claims. You agree that, to the extent permitted under applicable laws, Palace shall have no liability whatsoever towards you or any related third party, whether by contractual, extra-contractual, tort, or other means, for any direct, indirect, special, consequential, exemplary or punitive damages or for any lost profits or revenues, arising out of or relating to COVID-19. You undertake to take responsibility and to defend and hold harmless any of the Palace Parties from and against any and all Losses, resulting from, arising out of or otherwise by virtue of (i) your failure to comply with any of the Measures or (ii) the undersigned’s actions.