Terms and Conditions of Use

LEAVESTAR (Leavestar Holdings Limited Company No. 2531900 and licence number TBA) PROVIDES THIS WEB SITE AND ITS ONLINE APPLICATIONS, INCLUDING EMPLOYEE SCHEDULING, TIME AND ATTENDANCE, LEAVE MANAGEMENT, BUSINESS COMMUNICATION, PAYROLL INTEGRATION AND WORKPLACE SOCIAL MEDIA APPLICATIONS (COLLECTIVELY, SITE), TO USERS.

ACCESS TO AND USE BY YOU OF THE SITE IS SUBJECT TO THESE TERMS AND CONDITIONS OF USE (TERMS). YOU AGREE AND ACKNOWLEDGE THAT ANY ACCESS OR USE BY YOU AND/OR ANYONE ACCESSING THE SITE WITH OR THROUGH YOU (YOU) WILL CONSTITUTE AN EXPRESS AGREEMENT BY YOU TO COMPLY WITH THE TERMS.

IGNORANCE BY YOU OF THE EXISTENCE OF THE TERMS DOES NOT CONSTITUTE A WAIVER OF ANY PROVISIONS CONTAINED IN THE TERMS AND IF YOU CHOOSE NOT TO ACCEPT THE TERMS YOU ARE NOT TO CONTINUE ACCESSING THE SITE. THE TERMS (TOGETHER WITH ANY APPLICABLE SUBSCRIPTION AGREEMENT REFERRED TO BELOW) CONSTITUTE THE ENTIRETY OF THE TERMS AND CONDITIONS OF USE WITH RESPECT TO THE SITE UNLESS OTHERWISE EXPRESSLY ALLOWED FOR IN WRITING BY LEAVESTAR.

 

LeaveStar reserves the right to vary any of the Terms, or any other policy or guideline of the Site, at any time and in its sole discretion and without notice to you. Unless otherwise specified in writing by LeaveStar, any changes or modifications to the Terms will be effective immediately upon publication on the Site. You hereby agree to review the Terms and any other policies and guidelines contained in the Site periodically to be aware of any variations to the Terms and furthermore you acknowledge that any use by you of the Site constitutes an agreement by you to use the Site pursuant to the Terms as amended or varied from time to time. If you do not agree to any amended terms, you must stop using the Site.

The Terms apply to your access to and use of the Site. For companies or individuals who have subscribed for a free or paid subscription to the Site, the LeaveStar Subscription Agreement (Subscription Agreement) also applies to each of them and constitutes a separate agreement between LeaveStar and each such company or individual. All persons who access and use the Site, however, must comply with these Terms (regardless of whether they must also comply with the Subscription Agreement).

You acknowledge that certain functions or features of the Site require a subscription (which may be a paid subscription or a free subscription) and unless you, or the administrator of a company or business network that you are a member of, have entered into and complied with the obligations of a subscriber under the Subscription Agreement, you will not be able to access or use those functions or features.

 

Privacy Policy 

Please refer to LeaveStar’s Privacy Policy for information on how LeaveStar collects, uses and discloses your personal information.

 

Ownership and Copyright 

Except as otherwise expressly indicated by LeaveStar in writing, the Site, and all text, images, marks, logos and other content contained in the Site, including, without limitation, the LeaveStar logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the Content) and all intellectual property in respect of the Content is and remains the property of LeaveStar or its related entities (as defined in the Corporations Act (Commonwealth) 2001) or licensors and are protected by Hong Kong and international copyright laws.

 

Trademarks 

The LEAVESTAR logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of LeaveStar and/or its related entities, suppliers or licensors, and may not be copied, imitated or used in a same or deceptively similar fashion, in whole or in part, without the prior written permission of LeaveStar or the applicable trademark owner.

In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of LeaveStar and may not be copied, imitated or used, in a same or deceptively similar fashion, in whole or in part, without the prior written permission of LeaveStar. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by LeaveStar.

 

Limited License

LeaveStar grants you a non-exclusive license, expressly limited only to access and use of the Site, strictly in accordance with the Site’s available usage options, and to view, copy and print portions of the Content as provided for in the Site. Nothing in the Site, the Content or the Terms is intended to grant you the right to sublicense such licence to anyone or any entity. The license is granted solely in accordance with the Terms, and you agree and acknowledge the following:

1. you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use;
2. you may not modify or otherwise make derivative uses of the Site or the Content, or any portion thereof;
3. any displays or printouts of Site Content must be marked “(c), LeaveStar Holdings Limited All rights reserved.”;
4. you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
5. you may not use any data mining, robots or similar data gathering or extraction methods with respect to the Site;
6. you may not use the Site or the Content other than for its intended purpose; and
7. you may not reproduce, prepare derivative works from, distribute or display the Site or any Content (except for page caching), except as provided herein.
8. Except as expressly permitted above, any use of any portion of the Site or Content without the prior written permission of LeaveStar is strictly prohibited and will terminate the license granted in these Terms.

Any such unauthorized use by you of the Site may also violate applicable country laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to you with respect to intellectual property rights. This license is revocable at any time.

You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify LeaveStar against any liability to any person arising out of your use of Content not in accordance with these Terms.

To request permission for uses of Content not included in the foregoing license, you may contact LeaveStar by mail to:

Suite 7B, Pico Tower, 66 Gloucester Road

Wanchai, Hong Kong

 

Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray LeaveStar or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

You may not use a LeaveStar logo or other proprietary graphic of LeaveStar to link to the Site without the express written permission of LeaveStar. Further, you may not use, frame or utilize framing techniques to enclose any LeaveStar owned trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without LeaveStar’s express written consent.

Except as noted above, you are not conveyed any right or licence or under any patent, trademark, copyright or proprietary right of LeaveStar or any third party. Nothing contained on the Site may be construed as granting any license or right to use any patent, trademark, copyright or other proprietary right of LeaveStar or any third party without the prior written permission of LeaveStar or such other party that may own such patent, trademark, copyright or other proprietary right(s).

The Site may contain links to third-party Web sites (Third Party Sites) and third-party content (Third Party Content) as a service to those interested in this information. You use links to Third Party Sites, and any Third Party Content therein, at your own risk. LeaveStar does not monitor or have any control over, and makes no claim or representation regarding, Third Party Content or Third-Party Sites. LeaveStar provides these links only as a convenience, and a link to a Third Party Site or Third Party Content does not imply LeaveStar’s endorsement, adoption or sponsorship of, or affiliation with, such Third Party Site or Third Party Content. LeaveStar accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Content, Third Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

 

Use of the Messaging Section and Other Interactive Areas

The Site may contain forums in which you or third parties may post content, messages, materials or other items on the Site (Interactive Areas). If LeaveStar provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

1. Any message, data, information, text, music, sound, photos, graphics, code or other material (Content) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of a securities exchange;
3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files;
8. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
9. Content that, in the sole judgment of LeaveStar, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose LeaveStar or its affiliates or its users to any harm or liability of any type.

 

LeaveStar takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is LeaveStar liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, LeaveStar is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although LeaveStar has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, LeaveStar reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect LeaveStar’s systems and customers, or to ensure the integrity and operation of LeaveStar’s business and systems, LeaveStar may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. LeaveStar’s right to disclose any such information shall govern over any terms of LeaveStar’s Privacy Policy.

 

Rights to User Content

By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant LeaveStar and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant LeavStar and its affiliates and sub licensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant LeaveStar the right to pursue at law any person or entity that violates your or LeaveStar’s rights in the Content by a breach of these Site Terms.

Content submitted by users will be considered non-confidential and LeaveStar is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, LeaveStar reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it.

LeaveStar is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once the it has been submitted to the Site. LeaveStar shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by LeaveStar or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release LeaveStar, and its licensees, successors and assigns, from any claims that you could otherwise assert against LeaveStar by virtue of any such moral rights.

 

Advertisements and Promotions

LeaveStar may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than LeaveStar, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. LeaveStar is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

 

Fees Charged by Third Party Sites and Vendors

LeaveStar may provide links to other web sites. Some of these web sites may charge separate fees. LeaveStar may also provide access to or through third party vendors, who provide content, goods and or services on the Site, the Internet or via wireless. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

 

Copyright Complaint Policy

Infringement Notification:

If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying LeaveStar that your copyrighted material has been infringed.

Please provide the following information in the following format (including Section Numbers):

1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Notices of claims of copyright infringement on this website should be emailed or mailed to:

Suite 7B, Pico Tower, 66 Gloucester Road, Wanchai, Hong Kong
legal@leavestar.com

 

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorney’s fees) if you make a false claim of copyright infringement.

We will review and address all notices that comply with the requirements above.

 

Intellectual Property Infringement

LeaveStar may at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement

 

Registration Data & Account Security

You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (Registration Data); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to LeaveStar, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to LeaveStar.

 

Warranty Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY LEAVESTAR, THE SITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LEAVESTAR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON THE SITE. LEAVESTAR DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT OR ANY PORTION THEREOF.

LEAVESTAR IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE LEAVESTAR ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, LEAVESTAR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD OR USE OF THE SITE.

 

Limitation of Liability

YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST LEAVESTAR, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT LEAVESTAR HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.

WITHOUT LIMITATION OF THE FOREGOING, NEITHER LEAVESTAR NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM LEAVESTAR OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LEAVESTAR’S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LEAVESTAR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LEAVESTAR FOR ACCESS TO OR USE OF THE SITE.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT ANY STATE OR OTHER JURISDICTION PROHIBITS THE EXCLUSION OF WARRANTIES OR GUARANTEES OR THE LIMITATION OF LIABILITY AS CONTEMPLATED IN THESE TERMS, NOTHING IN THESE TERMS WILL BE READ AS APPLYING TO THE RELEVANT WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED OR LIABILITY THAT CANNOT BE LIMITED.

 

Applicable Law and Venue

The Site (excluding Third Party Sites) is controlled by LeaveStar Holdings Limited and operated by LeaveStar Holdings Limited from its offices in and around Hong Kong. While LeaveStar has made no effort to publish the Site elsewhere, the Site is accessible in all states of the Hong Kong and in other countries. You and LeaveStar both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and LeaveStar explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of Hong Kong, without regard to its conflicts of law principles. You agree that all claims you may have against LeaveStar Holdings Limited arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Hong Kong. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than in Hong Kong, you will be responsible for compliance with all local laws of such other jurisdiction.

 

Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Site Terms, LeaveStar reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content or Services; (c) change, suspend or discontinue any aspect of the Site, Content or Services; and (d) impose limits on the Site, Content or Services.

 

Severability

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

 

Questions and Comments

If you have any questions regarding these Site Terms or your use of the Site, please submit them to through our email address at legal@leavestar.com.