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The Terms of Service Agreement serves as a fundamental legal document for businesses operating in or from Hong Kong that provide services to users, whether digitally or otherwise. This agreement is essential for establishing a clear legal framework between service providers and their users, protecting both parties' interests while ensuring compliance with Hong Kong's legal requirements. It should be implemented when launching any service, platform, or application, and updated as necessary to reflect changes in services or legal requirements. The document typically includes comprehensive sections on service usage, user obligations, data protection (in compliance with the PDPO), intellectual property rights, limitation of liability, and dispute resolution mechanisms. For Hong Kong-based operations, special attention is given to local regulatory requirements and the common law framework that governs commercial relationships.

1. Parties: Identifies the service provider and defines the user/customer categories

2. Background: Brief context about the services offered and purpose of the agreement

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Service Description: Comprehensive description of services provided, including scope and limitations

5. User Registration and Account: Requirements and processes for user registration and account maintenance

6. User Obligations and Conduct: User responsibilities, acceptable use policies, and prohibited activities

7. Intellectual Property Rights: Rights and restrictions regarding service-related intellectual property

8. Data Privacy and Security: Data collection, usage, storage policies in compliance with PDPO

9. Payment Terms: Pricing, payment methods, billing cycles, and related policies

10. Term and Termination: Duration of agreement, renewal terms, and termination conditions

11. Limitation of Liability: Scope of service provider's liability limitations under Hong Kong law

12. Disclaimers and Warranties: Service provider disclaimers and warranty terms

13. Dispute Resolution: Procedures for handling disputes, including jurisdiction and governing law

14. General Provisions: Standard legal provisions including severability, entire agreement, and amendments