Terms and Conditions of sofasoda Services [User]

These Terms and Conditions form a legally binding agreement between sofasoda and you (namely, the ​ User​). ​You hereby acknowledge and agree that these Terms and Conditions apply to your access to, and use of any services through the Platform. If you do not agree to be bound by all of these Terms and Conditions, please do not access or use the sofasoda Service.


Definition and Interpretation
  1. In these terms and conditions, unless the context otherwise requires:
  • “Code of Conduct” means the Code of Conduct as stated on the Platform, which also form parts of this;
  • “Content Provider” means any User who provides contents in specified forms for learning, training, and/or practice purposes pursuant to his respective agreements with sofasoda; 
  • Parties” means sofasoda and the User;
  • “Provided Content” means all contents and materials in all specified formats provided by Content Provider;
  • “sofasoda” means Snapask (Holdings) Inc., which operates the Platform under the name
    “sofasoda”;
  • “sofasoda Service” means any mentorship programme provided through the Platform and/or through the social media(s); 
  • “Specified Payment Gateway” means the specified payment gateway of which Learner makes payment via the Platform;
  • “Learner” means any User who has signed up to sofasoda Services as a an individual and has subscribed to designated plans under sofasoda Service; 
  • “Mentor” means any User who has signed up to sofasoda Service as a mentor and share own opinions on the Platform, social media(s) provided under sofasoda Services;  
  • User” means any person who uses or browse this Platform, incluing but not limited tothe Learner, the Mentor, and the Content Provider; and
  • Platform” means the website www.so.sofasoda.com/en-hk and any other websites or mobile applications as operated and managed by sofasoda from time to time.
  1. Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate unincorporated associations and partnerships.
  1. Headings are to be ignored in the construction or interpretation of any provision of these Terms and Conditions.
  2. The Code of Conduct and the Copyright Policy forms an integral part of this Agreement. Unless otherwise stated, any references to the content on the Platform shall relate to these Terms and Conditions.
sofasoda Service
  1. sofasoda Service provides an online training platform accessible through the Platform, Mentor may at his discretion provide his own opinions for career guidance. In addition, Learner is permitted to have access to the Provided Contents upon subscription of the relevant membership plan.
  2. Learner hereby acknowledges and agrees that sofasoda only acts as an intermediary between Mentor and Learner, and sofasoda does not act as the agent of Mentor or Learner or any other User.
  3. The User who intends to be the Mentor and/or Learner must sign up to sofasoda Services er through the Platform.
  4. During the registration, the User is required to provide personal information and data, failing which no registration will be proceeded.
  5. sofasoda has the sole right and discretion to request the User to provide further and additional documents and information in order to facilitate verification of identity, and may refuse registration and/or suspend any services if the User fails to provide the requested documents and/or information within the requested period. After the completion of verification, the User will be informed, by way of email, to activate the User’s account.
Membership Subscription
  1. Learner needs to pay the corresponding entry fee before he is permitted to access to sofasoda Services and/or content.
  2. The User is required to provide his phone number, email address, and other information to sofasoda for registration. For details, please see our Privacy Policy Statement.
  3. Each User shall only register one (1) User account. The User account is personal and cannot be shared with, transferred or assigned to any third parties. The User shall be responsible to keep his account log-in details confidential.
  4. sofasoda may change, suspend or discontinue any aspect or feature of sofasoda Service, the Platform and the settings of the User’s account at any time without giving any prior notice.
  5. sofasoda has absolute rights to at any time suspend or terminate the User’s account without any prior warning notice and consent from the User if (i) the personal information or academic credential provided by the User during the registration are incorrect, false, not updated or incomplete, or (ii) sofasoda is of the option that the User’s actions or behaviors or interactions with any other User on the platform or otherwise has prejudiced to the enjoyment of sofasoda Services by any other Users, or has prejudiced to the reputation or operation of sofasoda or sofasoda Service, or (iii) the User is in breach of or fails to comply with these Terms and Conditions (including the breach or fails to comply with the Code of Conduct and/or Copy Right Policy) or (iv) the User fails to pay membership fee or any payment. No refund will be issued to the User if the User’s account is suspended or terminated due to the said reasons.
Payment
  1. sofasoda only accepts the payment methods prescribed in the Platform. Learner may from time to time change or update the payment method. By selecting online payment, Learner hereby expressly authorizes sofasoda to bill and charge membership fee from his designated account or his credit card. ​sofasoda does not have obligation to give a prior notice to the credit card holder or account holder.
  2. sofasoda accepts: Once-off payment: Learner who pays a one-off payment will get access to featured content. 
  3. The Learner hereby agrees that the pricing information of any sofasoda Service currently contained on the Platform  is only reflecting the current pricing. The pricing will be changed or revised from time to time. sofasoda shall have absolute rights to change or revise the pricing from time to time without any prior notice to or consent of the Learner.
  4. By making any payment through the Platform, the Learner is deemed to have accepted the separate sets of terms and conditions of the relevant Specified Payment Gateway. The Learner is also deemed to have accepted the terms and conditions and the mechanisms of the relevant Specified Payment Gateway in relation to refund (if applicable).
  5. The Specified Payment Gateway may charge administrative fees and/or other processing fees from the Learner. sofasoda shall not be responsible for the said fees and that the Learner shall solely be responsible for the said fees.
  6. sofasoda shall not be liable for any loss, damages, costs and expenses suffered by the Learner arising out of or in connection with (i) any act, default, omission or negligence of the Specified Payment Gateway or (ii) the closedown, suspension or frozen of the Specified Payment Gateway.
  7. All fees paid are non-refundable.
Copyright Policy
  1. The User hereby acknowledges and agrees to be bound by the terms of the Copyright Policy.
Code of Conduct
  1. The User hereby acknowledges and agrees to be bound by the terms of the Code of Conduct.
Ownership
  1. The Platform, together with sofasoda Service, are exclusively owned and operated by sofasoda. No reproduction, republication, upload, copy, transmit, distribution, display or otherwise use of any materials or contents on the Platform is allowed or permitted without prior written consent from sofasoda.
Intellectual Property Rights of Contents and Materials
  1. sofasoda is the exclusive owner of intellectual property rights of all contents and materials of the sofasoda Service, including but not limited to the questions, answers and solutions. The User shall not disclose, leak, spread, publish, distribute, release or disseminate any questions, answers or solutions obtained from and/or provided on the platform to any third parties outside the platform without prior written consent of sofasoda.

Representations, Warranties and Undertakings
  1. The User hereby warrants and undertakes that:
  • the User will not use the Platform and/or sofasoda Service for any unlawful or immoral purposes;
  • the Userhas not been refrained from entering into these Terms and Conditions;
  • the User’s access to, or use of the Platform and/or sofasoda Service is not illegal or prohibited by law; and/or
  • the User will not post any questions or contents which are improper, offensive, defamatory, indecent, obscene, violent, explicit or legally prohibited or irrelevant contents.
  1. The sofasoda User hereby warrants and undertakes not to use the Platform and/or sofasoda Service in the following ways:
  • engaging in any illegal or immoral activities;
  • infringing the intellectual property rights of any third party; and/or
  • interfering with or disrupting (or attempting to interfere with or disrupt) any servers or networks connected to the Platform.
Limitation of Liability and Disclaimers
  1. sofasoda, its subsidiaries, related and/or associated companies  shall not be liable for any loss and damages (including loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by the User arising from or in connection with: (a) theUser’s access to, or use of sofasoda Service, the Platform; (b) any decision or action taken by the User in reliance on any content or information thereof; or (c) any error or defect in the Platform or (d) any answer or solution obtained from the Mentor or through the use of the Platform.
  2. sofasoda, its subsidiaries, related and/or associated companies  shall not be liable for any loss and damages (including loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by the User arising from or in connection with: (a) theUser’s access to, or use of sofasoda Service, the Platform; (b) any decision or action taken by the User in reliance on any content or information thereof; or (c) any error or defect in the Platform or (d) any answer or solution obtained from the Mentor or through the use of the Platform.
  3. All information appearing on the Website is of educational and training nature only and is not intended to constitute professional, medical, financial or any other advice on otherwise aspects. The Website may provide information that includes the views or recommendations of others that are not necessarily views of sofasoda.
  4. sofasoda does not warrant, represent or guarantee the following:-
  • the questions posted by sofasoda User will be answered, or that the answers and/or solutions provided by Mentor are true, correct, update, completed and/or accurate;
  • the accuracy, completeness, reliability, usefulness, update or suitability of the User’s use of sofasoda Service. The User is responsible for the use of any information or contents obtained from sofasoda Service, either through the Platform and either the information or contents are provided by sofasoda, its advertising clients, other Users or otherwise. The User should make his own enquiries to check if the information so obtained is accurate, complete, reliable, updated and suitable for his intended use;
  • the identity of Users of sofasoda Services or the accuracy of information provided in the course of the other Users’ registration or use of sofasoda Service. For avoidance of doubt, sofasoda does not conduct inquires on the personal background or criminal records of any User. Therefore, the User is at his own risk and responsibility for all interactions with other User of sofasoda Service. sofasoda is not responsible for any loss or damage whatsoever, whether direct, indirect, general, special, compensatory, consequential or incidental, arising out of or relating to the conduct of other Users in the course of using sofasoda Services, including but not limited to death, bodily injuries, emotional distress or any damages resulting from the User’s interaction with any other Users in the course of using sofasoda Services;
  • the Platform or sofasoda Service will be uninterrupted or error-free, defect-free or virus-free;
  • any electronic files available through the Platform will be free of any harmful code or virus; and
  • the Platform is compatible with the User’s mobile device or computer.
Indemnification
  1. The User shall indemnify, defend, and hold harmless sofasoda, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’, investigators’, and experts’ (or similar) fees, disbursements and costs incurred, in connection (i) with the User’s use of use sofasoda Service, (ii) in connection with the Platform and/or sofasoda Service, (iii) with regard to any dispute between the User and other Users, or (iv) User’s violation of these Terms and Conditions, or (v) arising from User’s violation of any rights of a third party.
Termination
  1. sofasoda may terminate this Agreement with the User with immediate prior notice without issuing any refund to the User if the User breaches or fails to comply with any provision of these Terms and Conditions. 


  1. The User may terminate the subscription of the membership plan at any time with or without giving any reasons by sending sofasoda formal notification through the Platform. The User acknowledges and agrees that all fees paid are non-refundable upon termination, unless otherwise specified in these Terms and Conditions.
Third Party Links
  1. The User hereby acknowledges that the Platformmay contain links and pointers to other World Wide Web sites, resources, and advertisers of the Platform. Links to and from the Platform to other mobile applications or sites, maintained by third parties, do not constitute an endorsement by the sofasoda or any affiliate of any third-party site or content. sofasoda  is not responsible for the availability of these third-party resources, or their contents. sofasoda  has not reviewed any or all of the mobile applications or sites linked to the Platform and is not responsible for the content of any third-party pages or any other mobile applications or sites linked to the Platform. The User’s linking to other third-party sites is at his own risk. By clicking on any such link, the User acknowledges that the Platform have no control over, and makes no representations of any kind with respect to, such other mobile applications, sites or any content contained within such other mobile applications or sites, and the User hereby revokes any claim against sofasoda with respect to such other sites. The User should direct any concerns regarding any external link to its mobile application or site administrator or Webmaster.
Miscellaneous
  1. These Terms and Conditions embodies all the terms and conditions agreed upon between the Parties as to the subject matter of the Terms and Conditions and supersedes and cancels in all respects all previous correspondence, understandings and agreements between the Parties with respect to the subject matter hereof, whether such be written or oral.
  2. The failure of any party hereto at any time to require performance or observance by any other party of any provision of these Terms and Conditions shall in no way affect the right of such first party to require performance of this provision and any waiver by any party of any breach of any provision of these Terms and Conditions shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself or a waiver of any right under these Terms and Conditions.
  3. If any of the provisions in these Terms and Conditions are deemed invalid, illegal, prohibited, void, or for any reason unenforceable, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
  4. The Contracts (Rights of Third Parties) Ordinance (Cap. 623) shall not apply to these Terms and Conditions except the subsidiaries, related and/or associated companies of sofasoda. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation and/or settlement under or relating to these Terms and Conditions are not subject to the consent of any third party.
  5. In these Terms and Conditions, the masculine gender shall include the feminine and neuter and the singular number shall include the plural and vice versa. In these Terms and Conditions, the headings are inserted for convenience only and shall not affect the construction of these Terms and Conditions.
  6. Unless specified otherwise herein, all notices must be in writing and addressed to the other party’s email address. The notice will be deemed given when verified by automated receipt or electronics lots.
  7. These Terms and Conditions is governed by and shall be construed in all respects in accordance with the laws of Hong Kong and all the Parties hereto hereby submit to the exclusive jurisdiction of the Hong Kong courts in connection with any matters arising hereunder.
Modifications
  1. The User hereby acknowledges and agrees that sofasoda shall have the right to amend or modify these Terms and Conditions from time to time. Any changes will be reflected by an update of these Terms and Conditions. sofasoda shall post the notice in respect thereof on the Platform.
Effective Date
  1. These Terms and Conditions is effective from September 2020.