member terms and conditions
last updated: 16 november 2023
important – Please read these terms and conditions (“Terms”) carefully. These Terms set out the agreement between you and Divit Limited, a limited liability company incorporated and registered in Hong Kong with company number 2869832 whose registered office is at Office No. 5, 25/F., Wai Wah Commercial Centre, 6 Wilmer Street, Sheung Wan, Hong Kong (“DL”, “we”, “us” and “our”).
DL is the owner, operator and provider of the digital payment linked loyalty platform named “Divit”, which is accessible through the website www.divit.com.hk and/or its sub-domains (collectively, “Site”), a mobile application (“App”) and other media platforms (altogether, “Platforms”). By registering to become a member of Divit, and/or using or accessing Divit, and/or participating in the Divit Mileage Program, you agree to have read and understood these Terms and to be bound by these Terms.
These Terms constitute a legal agreement between you and DL, and are deemed to be incorporated by reference into any contract, registration form or agreement. We reserve the right to modify, vary and change these Terms at any time at our discretion. Such modifications, variations and/or changes to the Terms shall be effective upon the posting of an updated version on any of the Platforms. You agree that it shall be your responsibility to review these Terms regularly and your continued Membership with Divit, and/or use or access of Divit, and/or participation in the Divit Mileage Program after changes have been made to the Terms constitute your acceptance of the revised Terms.
1. definitions
1.1 Capitalised terms not otherwise defined in these Terms will have the meanings set forth in this Clause 1.1.
“Affiliates”
means our direct or indirect parent companies, our direct or indirect subsidiaries or affiliates, or any other entity that controls, is controlled by or is under common control with us or DL (whether through direct or indirect ownership of fifty (50%) or more of the shareholding or voting rights, or the right to control the management of the entity or to appoint or remove a majority of the board of directors).
“Agreement”
means these Terms and any other terms and conditions which DL will communicate to Members from time to time.
“Airline Partners”
means the participating airline companies which offer Membership benefits and other exclusive privileges, promotions, discounts and incentives to Members, including the ability for Members to redeem and convert their Divit Miles in exchange for loyalty points and mileage points under such Airline Partner’s mileage program.
“App Content”
means all information, materials, data, videos and images made available on any of the Platforms or via any of the Channels.
“Channels”
means the channels for the advertisement and promotion of Divit including but not limited to DL’s social media and any communication platforms of DL’s Affiliates, Merchants and Airline Partners.
“Divit”
means the digital payments platform owned, operated and provided by DL to provide Services under the Agreement, including but without limitation the designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, of Divit.
“Divit Account”
means the Membership account for use on Divit set up by DL for each Member.
“Divit ID”
means the combination of a Member’s verified email address and/or verified mobile phone number for his/ her Divit Account.
“DL Parties”
means DL, the Affiliates, and their respective officers, directors, employees, agents, suppliers, contractors, representatives and licensors; and “DL Party” shall be construed accordingly.
“Divit Mileage Program”
means the rewards points program operated by DL through which Divit is made available to Members for accrual and redemption of Divit Miles.
“Divit Miles”
means the rewards points program operated by DL through which Divit is made available to Members for accrual and redemption of Divit Miles.
“Force Majeure Event”
means any circumstances beyond the reasonable control of DL, including without limitation act of God, war, act of foreign enemies, terrorists attack, riot, civil commotion, travel restrictions, strike, lockout and other labour disturbance (including those involving or affecting DL).
“Hong Kong”
means the Hong Kong Special Administrative Region of the PRC.
“Macau”
means the Macao Special Administrative Region of the PRC.
“Member”
means any person who is a member of Divit; and “Members”, “Membership” and “Memberships” shall be construed accordingly.
“Merchants”
means retailers and service providers with whom DL has made arrangements for Members to earn Divit Miles and spend such Divit Miles under the Divit Mileage Program. A full list of Merchants is available for viewing on the App at “Merchant List”.
“PIN Code”
means a Member’s personal identification code which is used by a Member for authentication in relation to its Divit Account.
“PRC”
means the People’s Republic of China.
“Prohibited Activities”
has the meaning given to it in Clause 13.
“Reward”
means any goods, services, benefits, promotions, discounts and other privileges as may be offered by Merchants and Airline Partners under the Divit Mileage Program; and “Rewards” shall be construed accordingly.
“Services”
means all services provided to Members in connection with Divit and the Agreement and includes (i) the provision of functions through Divit such as FPS by Divit (ii) App Content, (iii) Membership and the related benefits, (iv) the administration of the Divit Mileage Program, (v) safe custody of your Divit ID, (vi) customer service centre with knowledgeable and helpful staff, (vii) the opening, maintaining and closing of your Divit Account, (viii) liaison with Affiliates, Merchants, Airline Partners and other third parties for the provision of Rewards and other offers, and (ix) maintaining our overall relationship with you, including marketing services or products to you, market research, insurance, audit and administrative purposes.
1.2 A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
1.3 Any phrase introduced by the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.4 A reference to writing or written includes emails.
2. joining divit
2.1 you can join our Membership if:
2.1.1. for individuals – you have a Hong Kong (+852), Macau (+853), PRC (+86) mobile phone number. For individuals under 18 years old, your guardian must have a registered Divit Account and provide consent; and
2.1.2 for corporations or other legal entities – you have a Hong Kong (+852), Macau (+853), PRC (+86) mobile phone number; you are duly organised, validly existing and in good standing under the laws of your jurisdiction of incorporation; you are duly qualified to do business and is in good standing in every jurisdiction in which such qualification is required; and you have the full right, power and authority to enter into this Terms and to perform your obligations hereunder.
2.2 you confirm that all information provided by you to us is complete, accurate and up to date. Please update any changes of your personal details via the “Profile” section via the Platforms to ensure accuracy of your information.
2.3 a member hereby warrants that the member:
2.3.1 shall comply with all applicable laws, statutes and regulations regarding use of Divit and the Platforms; and
2.3.2 for corporations or other legal entities – you have a Hong Kong (+852), Macau (+853), PRC (+86) mobile phone number; you are duly organised, validly existing and in good standing under the laws of your jurisdiction of incorporation; you are duly qualified to do business and is in good standing in every jurisdiction in which such qualification is required; and you have the full right, power and authority to enter into this Terms and to perform your obligations hereunder.
2.4 to protect the interests of other users and our Affiliates, Merchants and Airline Partners, we have the right to determine whether or not to accept or reject your application for Membership or otherwise discontinue your Divit Account, for any reason and without any liability to you.
3. your divit account
3.1 you will only become a member and can only enjoy personalised features and benefits under the divit mileage program, after we approve your registration and grant you a divit account.
3.2 your divit account will be valid for any period specified by us, from time to time. for example, we may discontinue your divit account if your membership is inactive for two consecutive years.
3.3 the use of your divit account and/or PIN Code and the associated benefits is deemed to be acceptance of these Terms and other terms and conditions that may be issued from time to time, to the benefit of DL.
3.4 you are responsible for maintaining the confidentiality of your password and your PIN Code. additionally, are fully responsible for all uses of your divit account and your PIN Code. Please notify us immediately at +852 6270 8800 if there has been any unauthorised use of your divit account.
3.5 your divit account is personal to you and only you can accrue and redeem divit miles in return for rewards or receive any other benefits and offers in relation to your divit account. usage of your divit account or divit miles shall be governed by the functionalities of the platforms.
3.6 Multiple Divit Accounts cannot be used to earn Divit Miles in relation to the same transaction.
4. membership benefits
4.1 The benefits available to Members are available for viewing on the Platforms, as may be amended from time to time.
4.2 Membership benefits will be subject to additional terms and conditions of Merchants, which may be subject to change without prior notice. In case of any dispute, the decision of DL and/or the offeror is final.
4.3 DL reserves the right to modify the Membership structure, benefits and joining requirements including these Terms or to terminate the Membership at any time upon reasonable notice where possible, and DL will not be liable for any loss or damage resulting therefrom.
5. earning divit miles
5.1 Once your Divit Account has been activated, you can use it to earn and spend Divit Miles whenever you make payments to our Merchants using Divit.
5.2 The number of Divit Miles awarded for each spending, the earning propositions and what qualifies for the credit of Divit Miles are outlined on the Platforms as may be updated from time to time. The Merchants may apply additional terms and conditions in respect of the availability of and eligibility for earning Divit Miles.
5.3 DL and/or Merchants may run promotions from time to time offering bonus Divit Miles. Qualifications for these bonus Divit Miles is subject to the terms and conditions of each individual promotion.
5.4 No Divit Miles can be retrospectively claimed.
5.5 Divit Miles will be credited to your Divit Account immediately after the transaction. In some circumstances, there may be a delay in updating your Divit Miles balance (for example, some transactions may have different processing times depending on the type of transactions), but we will endeavour to reflect the latest balance as soon as possible.
5.6 Divit Miles are valid for spending as soon as they are credited to your Divit Accounts.
5.7 Divit Miles are valid for as long as the Divit Account remains active.
5.8 Divit Miles cannot be purchased or exchanged for cash.
5.9 If we incorrectly record a Member’s Divit Miles, then our only liability will be to provide the Member with the correct number of Divit Miles.
5.10 We reserve the right to adjust or cancel any Divit Miles credited to a Member’s Divit Account incorrectly, or not in accordance with, or in breach of, these Terms or the terms and conditions of the Merchants or Airline Partners, at any time, with or without notice to the Member.
5.11 Risk in respect of theft, or unauthorised or fraudulent redemption associated with the Divit Miles passes to you as soon as the Divit Miles are accrued in your Divit Account.
6. spending or converting divit miles
6.1 Spending of Divit Miles
6.1.1. You can use Divit Miles to pay for your next purchase with any Merchants by using “Divit Miles plus Pay”. The value of your Divit Miles will be specified by us, from time to time.
6.1.2. The appropriate number of Divit Miles will be deducted from your Divit Account at the time of purchase.
6.2 Donation of Divit Miles
6.2.1 You can use Divit Miles to make charitable donations to our charity partners, a list of which can be seen on the Platforms and may be amended by DL at its sole discretion from time to time.
6.2.2 Donations are aggregated and paid to charity partners monthly, and DL does not make a margin on charitable donations.
6.2.3 Since the making of donations by use of Divit Miles are non-cash transactions, you will not receive any tax invoices or receipts after making of such donations.
6.3 Conversion of Divit Miles to Airline Partner Miles
6.3.1 Subject to Clause 6.3.2, you can link your Divit Account to any of our Airline Partners’ loyalty programs for conversion of Divit Miles: (i) convert Divit Miles into Airline Partner mileage; or (ii) convert Airline Partner mileage into Divit Miles (Divit Miles that are recorded to your Divit Account pursuant to conversion of Airline Partner mileage will be classified as “Converted Divit Miles”).
6.3.2 Converted Divit Miles cannot be used for conversion into Airline Partner mileage and can only be used for spending or donation.
6.4 All Divit Miles required for spending with a Merchant, donation of Divit Miles or conversion of Divit Miles (whichever is applicable) must be in your Divit Account at the time of redemption, donation or conversion.
6.5 All Divit Miles, once spent, donated or converted, are non-refundable, non-reversible and non-transferable.
6.6 The rate at which Divit Miles can be converted into our Airline Partner’s mileage shall be prescribed, amended, provided, offered or terminated, from time to time, at our sole discretion, without any liability to you.
6.7 Members should immediately report any suspected unauthorised redemption or conversion. DL will decide at its discretion what action, if any, will be taken. DL may refuse to compensate Members with Divit Miles for any unauthorised redemption or conversion, should a Member contribute to an unauthorised redemption or conversion in any way, by negligence or otherwise, including the disclosure of your password.
6.8 Divit Miles believed to have been bartered, sold, exchanged, or issued fraudulently, or issued to someone other than the eligible Member, will be void and will not be honoured.
6.9 No tax invoice or receipt will be issued by DL for spent Divit Miles.
7. rewards
7.1 Members can apply Divit Miles to redeem Rewards. The redemption of any Rewards, including their usage, delivery and collection, will be subject to additional terms and conditions, which will be posted on the Platforms, or notified to you prior to your redemption.
7.2 DL will make reasonable efforts to ensure that all information concerning the Rewards is correct. However, to the maximum extent permitted by law, DL does not accept any liability if such information and any other content displayed via the Platform are not complete, correct, accurate or error-free.
7.3 Certain Rewards may be redeemed by Divit Miles together with payment of money. All money payable for redeeming any Rewards must be made directly to the relevant Merchants or Airline Partners.
7.4 Rewards may carry different validity periods, subject to individual offers made by the Merchants.
7.5 All Rewards are subject to additional terms and conditions of the respective Merchants and Airline Partners, which may be subject to change without prior notice.
7.6 Rewards that can be redeemed by you shall be prescribed, amended, provided, offered or terminated, from time to time, at our sole discretion, without any liability to you.
7.7 DL may provide external links on the Platforms regarding a Reward. These links are beyond the control of DL and DL does not make any warranties nor accepts any liability in relation to materials and content contained on external sites.
7.8 Rewards cannot be exchanged for cash.
7.9 Members warrant that the redeemed Rewards are for your personal use only and not for resale purpose.
7.10 Members will be responsible for all applicable taxes, duties, charges (including without limitation any custom charges, import duties, postal clearance fees and any delivery charges) that may be imposed or charged in relation to the redemption, delivery and receipt of the Rewards.
8. refund or exchange
8.1 If you earned Divit Miles from a purchase but you subsequently refunded that purchase, the Divit Miles earned from the corresponding transaction may be deducted from your Divit Account.
8.2 Once Divit Miles have been spent or converted or redeemed for a Reward, the redemption will be considered final and cannot be amended, cancelled, exchanged or refunded by the Member.
8.3 DL is not responsible in any way for any warranty provided with a Reward. Prior to redemption, Members should take note of product or service warranty (if available), warranty period and warranty conditions.
8.4 If the Reward is faulty or different in specifications from your original order, you should contact the Merchant or Airline Partner which offered you the Reward directly. They will, at their discretion, arrange for repair, replacement or refund in accordance with their refund and exchange policy.
8.5 You should always resolve any issues relating to Rewards directly with the Merchant or Airline Partner with whom you redeemed the Reward, as we are not responsible for any goods and services offered by our Merchants and Airline Partners.
9. offers and promotions
Subject to your consent obtained in accordance with our Privacy Policy, we can use your personal data to provide you with personalised offers and promotions in relation to your Divit Account, the accrual and redemption of Divit Miles and the available Rewards, and to send you marketing and promotional communications via your preferred communication channel. In this regard, it is important that you consent to us processing your personal data for direct marketing purpose, and that you opt in to receiving direct marketing materials so that it is possible for us to display information and advertisements that are relevant to you to enhance your overall user experience. You can always choose to withdraw or adjust your consent at any time at “Settings”.
10. account security
10.1 Your Divit Account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. Because you will be responsible for all activities that happen under your access credentials, you agree to use reasonable efforts to prevent unauthorised access or use of your Divit Account and/or Divit ID, and to protect the confidentiality of your log-in information. We also recommend that you update your password and your PIN Code regularly. Please Contact Us immediately if there has been any unauthorised use of your Divit Account and/or Divit ID or any other breach of security.
10.2 We cannot and will not be liable for any loss or damage arising from your failure to comply with Clause 13.1 above.
11. changes to divit
We have the right to make changes to any feature of Divit and the Platforms at any time. We will notify you of any major changes to any feature of Divit and the Platforms by emailing you or by posting a notice on the Channels. By continuing to use your Divit Account after we have provided the notice, you agree to our amendments. If you do not agree to these amendments, you will have the option of cancelling your Divit Account at any time.
12. changes to our terms
From time to time, we may update these Terms. We will notify you of any major changes to these Terms by emailing you or by posting a notice on the Channels. By continuing to use your Divit Account, and/or use or access of Divit or the Platforms, and/or participation in the Divit Mileage Program after we have provided the notice, you agree to our amended terms. If you do not agree to these amendments, you will have the option of cancelling your Divit Account at any time.
13. prohibited activities
You are prohibited from doing the following activities:
(a) fraudulently or dishonestly claim eligibility to accrue Divit Miles or redemption;
(b) knowingly supply incorrect information to accrue Divit Miles;
(c) abuse or engage in any misconduct or wrongdoing in connection with your Divit Account, PIN Code, Divit Miles and/or redemption;
(d) exchange, transfer, sale and/or purchase Divit Miles with any persons or entities;
(e) acted in an inappropriate, fraudulent, abusive or hostile manner;
(f) encourage conduct that violates any law, either civil or criminal, or impersonate another Member, person or entity;
(g) affect DL adversely or reflect negatively on us, Divit, any Platform, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of Divit, or from advertising, linking or becoming our Merchant or Airline Partner;
(h) engage in any conduct that restricts or inhibits any other Members from using or enjoying Divit or any Platform;
(i) circumvent, disable or otherwise interfere with security-related features of Divit or any Platform, including, without limitation, any features that prevent or restrict use or copying of any App Content or enforce limitations on the use of Divit;
(j) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the App Content for any purpose without our express written permission;
(k) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
(i) collect or harvest any personally identifiable information from Divit or any Platform;
(m) attempt to or interfere with the proper working of Divit or any Platform, or impair, overburden, or disable the same;
(n) decompile, reverse engineer, or disassemble any portion of Divit or any Platform; and
(o) use network-monitoring software to determine architecture of or extract usage data from Divit or any Platform.
14. account termination
14.1 Cancelling by Member
14.1.1. You have the right to cancel your Divit Account at any time and for any reason by contacting us at Contact Us.
14.1.2. Upon your cancellation, your Divit Account will be immediately terminated, and all accrued Divit Miles and Membership status will be forfeited immediately and may not be reinstated or transferred.
14.2 Cancelling or suspending by DL
14.2.1. We may suspend or terminate your Divit Account (with or without notice) and/or seek to recover from you any damage and loss suffered by us, if we reasonably believe that you:
(a) act in a manner inconsistent with any applicable laws or regulations;
(b) misuse or abuse your Divit Account, PIN Code and/or Divit Miles;
(c) commit any Prohibited Activities; or
(d) fail to adhere to the Agreement.
14.2.2. If you do not earn or redeem any Divit Miles for two consecutive years, we will consider your Divit Account inactive and shall have the right to cancel your Divit Account (with or without notice), and all Divit Miles earned on your Divit Account shall be donated to our chosen local charity. You may need to re-apply for a new Membership if you wish to re-join Divit.
14.2.3. We shall simultaneously cancel all accrued Divit Miles upon the termination of your Divit Account. Moreover, you may not reapply for Membership and any Divit Miles earned in relation to your new Membership may be forfeited upon discovery.
14.2.4. You can appeal against our decision by writing to us together with all evidence to support your grounds of appeal. We will make a re-assessment of your case based on your submissions and our investigation, and will inform you of our final decision in writing. In the event that you are dissatisfied with the appeal outcome, you can resort to dispute resolution as provided in Clause 25 below.
14.2.5. Without prejudice to Clause 17.2.1, we may also terminate your Divit Account at our sole and absolute discretion and in such circumstances we will provide you with one (1) month’s notice of termination. Upon expiry of the notice period, all unused Divit Miles will be cancelled.
14.2.6. Nothing contained herein will limit us in the exercise of any legal or equitable rights and remedies.
14.2.7. If a Member has spent or converted Divit Miles through fraud or dishonesty then the Member shall without limitation be liable to DL, Affiliates, Merchants and/or Airline Partners for the full value of the Divit Miles so spent or converted together with all costs and damages incurred or suffered by DL, Affiliates, Merchants and/or Airline Partners as a result thereof.
14.3 Termination of Divit
If we plan to terminate Divit for any reason, we will provide you with at least three (3) months’ prior notice, by posting the notice on the Channels. Any accrued Divit Miles that are not spent or converted before the date of termination shall be forfeited.
14.4 Termination of your Membership for whatever reason shall be without prejudice to the accrued rights and remedies of DL Parties, Merchants and Airline Partners as at the date of termination.
14.5 Upon the death of a Member his/her Divit Account will be closed and all outstanding Divit Miles will be cancelled.
15. disclaimers
15.1 All users opening a Divit Account with us undertake that the information provided by them is truthful and accurate and they will be the exclusive user of their Divit Account. We have no obligation of investigating the truthfulness of the Member’s identity and will not take any responsibility for any loss arising from registering a Divit Account with stolen, fraudulently used or misuse of identity details.
15.2 We make no representations, undertakings or warranties:
15.2.1 the results that may be obtained from the use of Divit and any Platform will be accurate, reliable, uninterrupted, timely, secure or error-free;
15.2.2. the quality of information, content, materials, suggestions or recommendations provided in or via Divit and any Platform, of the App Content and of our Services will meet your expectation;
15.2.3. as to title, accuracy, completeness, quality, merchantability, fitness for purpose or non-infringement of third-party rights in relation to Divit and any Platform, the App Content and our Services; or
15.2.4. the underlying software of Divit and any Platform will be uninterrupted, error-free, secure, timely or available, or that any error or malfunction will be rectified.
15.3 Access and use of Divit is at your own risk. We do not warrant that the use of Divit or any material downloaded from it or from other sites linked to any Platform will not cause damage to any property, including but not limited to loss of data or virus infection.
15.4 Divit may suffer from interruption, pause, delay or data fault which occurs due to malfunction, break-off, delay, illegal attack, virus infection or other factors of internet data transmission. We do not accept any responsibilities or liabilities for any damage or loss suffered by you arising therefrom.
15.5 DL does not accept any responsibilities or liabilities, whatsoever for any network problems, system or hardware failures, mobile telephone connection problems or interferences due to third party applications or system or hardware which may result in Divit being affected or unavailable.
15.6 We use third parties to provide data on which the App Content is based. We and our data providers try to make sure that the data is correct and up-to-date, but we cannot guarantee that it will always be.
15.7 App Content is provided on an “as is” and “as available” basis, and there may be delays, omissions or inaccuracies in it. We cannot and do not guarantee the accuracy, completeness, timeliness, merchantability, fitness for a particular purpose, title or non-infringement of the App Content and disclaim any such express or implied warranties, to the fullest extent permitted by law.
15.8 All Rewards are provided on behalf of Merchants, Airline Partners and other third parties. DL is neither the supplier nor manufacturer of any Rewards and excludes all liability in respect of (i) the quality, merchantability or fitness for purpose of any product-related Rewards; and (ii) the quality of any service-related Rewards. In particular, DL does not warrant that any service-related Rewards will be provided with reasonabel care and skill.
16. our liability
16.1 Nothing in these Terms shall operate to exclude or restrict any party’s liability for death or personal injury resulting from negligence or fraud.
16.2 DL will not be liable to Members for any damage or loss arising out of or in connection with products or services purchased, or Rewards redeemed, by you from Merchants and Airline Partners. If you encounter any problems with the products, services or Rewards you received, you must resolve the issues directly with the relevant Merchants and Airline Partners, and you acknowledge and agree that your sole remedy in such circumstances ultimately lies with that Merchant or Airline Partner concerned and not with us. All warranties, conditions and other terms implied by law are, to the fullest extent permitted by law, excluded from these Terms.
16.3 In no event will any DL Party be liable for any indirect, special, incidental, punitive or consequential losses or damages suffered by you however they may arise, including negligence.
16.4 Without prejudice to Clause 19.3 and to the maximum extent permitted by law, our maximum aggregate liability arising out of or in connection with the Agreement, our Services, Divit, any Platform, App Content, your Divit Account and Divit Miles shall be limited to the provision of Divit Miles and/or the replacement of any Reward that is the subject of the dispute, or HK$100 (Hong Kong Dollar one hundred), as we may determine at our absolute discretion.
17. indemnification
You agree to defend, indemnify and hold harmless the Divit Parties from and against any and all losses, damages, costs expenses, including reasonable legal and accounting fees, rights, claims, actions of any kind, arising out of or relating to your breach of Clause 2.4 or 16 above. We shall provide notice to you of any such claim, suit or proceeding. We reserve the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.
18. force majeure
18.1 DL shall in no event be liable for any delay or failure to provide any Services due to a Force Majeure Event.
18.2 If a delay or failure of DL to perform its obligations is caused or anticipated due to a Force Majeure Event, the performance of DL’s obligations will be suspended accordingly.
19. intellectual property rights
19.1 All rights, title, interest, copyright, trade mark rights, domain names, design rights, goodwill and any other intellectual property rights anywhere in the world (of any kind whatsoever) subsisting in Divit, any Platform and App Content are owned by us and/or our licensors. You shall not obtain any rights, title or interests in them, and shall not modify, copy, rent, lease, loan, sell, distribute or create derivative works based on them (either in whole or in part).
19.2 Divit, the Platforms and all App Content shall be the property of DL, and/or other entities under our direction or from whom we have obtained an appropriate license, with all rights reserved. Except as provided in these Terms, Divit, the Platforms and the App Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. You recognize that Divit, the Platforms, the App Content and in particular text, pictorial, video and sound material of all kinds, are protected under the laws on copyright, patent, trademark, branding, design, company, industrial property and/or other legal protection. Your use of the Platforms does not grant or transfer to you any ownership or other rights in Divit, any Platform and the App Content. Any rights not expressly granted to you in these Terms are expressly reserved by DL.
19.3 You further agree that any feedback, comments or suggestions you may provide to us is entirely voluntary and we will be free to use it (or not use it) as we see fit, and without any obligation to you.
20. privacy policy
Our Privacy Policy sets out the purposes for which we will use your personal data, who we share your personal data with, and the choices you have in relation to how your personal data is collected and used by us. By accepting these Terms, you also confirm that you have reviewed and understand our Privacy Policy, and you agree and consent that any information shared by, or collected from or about, you may be used by us in accordance with our Privacy Policy, as it is updated or changed from time to time.
21. third-party websites
Divit and any electronic communications sent to you or any materials provided to you online or digitally, may include links to other websites, content or resources, which are hosted, offered or provided by third parties (including our Affiliates, Merchants and Airline Partners). You understand and agree that we:
(a) do not have any control over and do not monitor those third-party websites, content or resources;
(b) do not provide any undertakings, representations or warranties, and are not responsible for any of those third-party websites, content or resources (or any products, goods or services promoted, referred to or offered on the third-party websites or resources); and
(c) do not endorse any of those third-party websites, content or resources, or any advertising, products, goods, services or other materials made available from such third-party websites or resources.
22. law and jurisdiction
These Terms and the relationship between DL and each Member shall be governed by and construed in accordance with the laws of the Hong Kong. Both you and DL agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
23. general terms
23.1 If any of these Terms are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if these Terms had been made without the invalid, illegal or unenforceable term.
23.2 These Terms and any other terms and conditions referred to herein and/or posted on any Platform, contain the entire agreement between you and DL.
23.3 A failure or delay by us to exercise any right or act upon a breach under these Terms will not be a waiver of that right or breach. Any waiver by us of any of our rights or of a breach of these Terms must be in writing, and such waiver is limited to the particular right or breach stated in it.
23.4 These Terms are personal to you, and you may not transfer any of your rights or obligations under these Terms. We may transfer our rights or obligations to any third party without your consent.
23.5 DL may enforce any term of the Agreement on behalf of its Affiliates and shall be entitled to recover any loss and/or damage suffered by the Affiliates arising out of or in connection with the Agreement as though such loss and/or damage had been suffered by DL. Save as provided in this Clause 23.5, there are no third party beneficiaries under this Agreement.
23.6 If there are any inconsistencies or conflict between the terms of these Terms and those posted or updated on any Platform, these Terms shall take precedence.
23.7 These Terms are written in the English language and may be translated into Chinese or any other languages. If there is any inconsistency between the English version and any translated version, the English version shall prevail.
24. how to contact Us
If you have any questions about these Terms, please email us at support@divit.com.hk
