Terms and Conditions

These Terms of Service and Conditions (hereinafter referred to as "these Terms") constitute a legally binding agreement between you and Working Bird Limited (hereinafter referred to as "Working Bird," "the Platform," "we," or "the Company") in respect of your use of the services provided by the Platform. The Company is a limited liability company incorporated under the laws of Hong Kong. Please carefully read these Terms before using the services provided by the Platform. By registering on or using the Platform, you agree to accept and be bound by all provisions of these Terms.

2.1 Registration Eligibility

Individuals wishing to use the Platform's services (hereinafter referred to as "Users") must:

• Be at least 18 years old;
• Possess the capacity to enter into contracts;
• Hold a valid Hong Kong Identity Card (Permanent or Temporary); and
• Have the right to work in Hong Kong.

Non-residents of Hong Kong are not eligible to register for an account. The Platform reserves the right to review and approve or reject any registration application at its sole discretion.

During registration application, Users must pass the Platform's identity verification process, including but not limited to submitting clear images of both sides of their Hong Kong Identity Card and completing facial recognition verification. The Platform reserves the right to request additional supporting documents for verification purposes.

2.2 Registration Requirements

When registering an account on the Platform, Users must:

• Provide a valid Hong Kong-registered mobile phone number and complete the associated verification requirements;
• Set an account password (if required by the Platform) that meets the Platform's security standards;
• Fully complete personal basic information;
• Submit valid identification documents; and
• Explicitly agree to and accept the Platform's Terms and Conditions of Service and Privacy and Data Protection Policy.

2.3 Data Accuracy

Users must ensure that the personal information provided during the registration application is true, accurate, and complete. Providing false or incomplete information may result in rejection of the application, suspension and/or removal of Users' accounts and/or criminal liability, including but not limited to offences under Hong Kong law relating to false instruments. Users shall promptly update any changes to their personal information. The Platform reserves the right to verify the information submitted by Users and require Users to warrant the authenticity and validity of all uploaded supporting documents.

2.4 Account Security and Management

Users are responsible for maintaining the security of their account login names and passwords by adopting appropriate measures such as regularly updating passwords and monitoring account activity. Please see further Section 4.1 below. Users shall be solely responsible for any loss or damage incurred by them, and shall fully indemnify the Platform for any loss or damage incurred by the Platform, as a result of Users' failure to keep their account login names and passwords secure.

2.5 Prohibited Actions

In relation to their accounts, Users are prohibited from engaging in the following actions:

• Lending, transferring, selling, or otherwise allowing other persons to use their accounts;
• Registering an account with false or another person's personal information;
• Creating or holding more than one account; and
• Using automated programs to register accounts or submit job applications.

2.6 Handling Breaches

If a User breaches any provision of these Terms, the Platform reserves the right to:

• Immediately suspend and/or terminate the User's account without prior notice to the User;
• Delete all data and records in the User's account;
• Permanently prohibit the User from re-registering or using the Platform; and/or
• Take any legal action(s) against the User.

3.1 Basic Usage Guidelines

All Users must, at all times:

• Comply with all applicable laws and regulations of the Hong Kong Special Administrative Region;
• Comply with all rules and policies published by the Platform, as amended from time to time;
• Respect the legitimate rights and interests of other Users; and
• Use the services provided by the Platform in good faith and for a proper purpose.

3.2 Prohibited Actions

In relation to the use of the services provided by the Platform, Users are prohibited from engaging in the following actions:

• Providing false personal information or work experience details;
• Abusing any functions or services of the Platform;
• Harassing, threatening, or infringing on the rights of other Users or hirers with which Users are matched via the Platform (hereinafter referred to as "Hirers");
• Engaging in any form of fraudulent or improper activity;
• Uploading or disseminating content containing malicious programs or viruses;
• Interfering with or disrupting the normal operations of the Platform;
• Conducting any illegal or improper commercial activities via the Platform; and
• Any conduct which in the Platform's sole opinion is against the interest of the Platform or considers improper.

3.3 User Content

Users are solely responsible for the content they post on the Platform. All content posted by Users on the Platform must:

• Comply with Hong Kong laws and ethical standards;
• Not be discriminatory, insulting, defamatory, offensive or illegal;
• Not infringe on others' rights (including, but not limited to, intellectual property rights);
• Be true and accurate; and
• Not contain pornographic, violent, or otherwise inappropriate content.

3.4 Usage Restrictions

Use of the Platform's services is subject to the following restrictions:

• The Platform is for personal non-commercial use only;
• Use of automated tools to mass-collect information available on the Platform is prohibited;
• Reverse engineering or hacking of the Platform is prohibited; and
• Interference with other Users' use of the Platform's services is prohibited.

3.5 Supervision by the Platform

The Platform reserves the right to:

• Monitor and review Users' use of and behavior on the Platform;
• Remove content or information that in the Platform's sole opinion does not comply with Section 3.3 above;
• Investigate and assist law enforcement authorities to investigate any suspicious activities on the Platform.

3.6 Handling Breaches

Without prejudice to section 2.6 above, if a User breaches any provision in this Section 3, the Platform reserves the right to:

• Issue warning notices to the User as appropriate;
• Temporarily restrict the use of certain functions by the User;
• Immediately suspend and/or terminate the User's account;
• Permanently prohibit the User from re-registering or using the Platform; and/or
• Take any legal action(s) against the User.

3.7 User Obligations

Users must, at all times:

• Be solely responsible for the content they post on the Platform;
• Promptly report any improper behavior on the Platform;
• Cooperate with the Platform in investigations into violations of these Terms.

4.1 Responsibility to Maintain Account Security

Users bear the primary responsibility for ensuring the security of their accounts and are liable for any loss or damage resulting from their failure to maintain the security of their accounts. They should:

• Properly safeguard account login names and passwords;
• Ensure the registered mobile phone number and email address are accurate and valid for the purpose of verification;
• Periodically change account passwords to enhance security;
• Avoid logging in from insecure devices or network environments;
• Avoid saving login information on public devices;
• Exercise caution with any notification or message that claims to be coming from the Platform;
• Monitor account login activity on a regular basis; and
• Ensure accounts are for personal use only and not shared with other persons.

4.2 Password Security Requirements

Account passwords (if required by the Platform) set by Users must:

• Be at least 8 characters long;
• Include uppercase letters, lowercase letters, numbers, and special characters; and
• Not include easily guessable information, such as birthdays or phone numbers,

4.3 Abnormal Account Activity

If Users detect any of the following abnormalities, they must take immediate action to enhance account security and report the same to the Platform:

• Unauthorized login activity;
• Unauthorized disclosure of personal data;
• Suspicious account notifications;
• System vulnerabilities on the Platform;
• Unauthorized changes to account information; and
• Suspected threats to account security.

4.4 Account Freezing and Restoration

The Platform may freeze a User's account under the following circumstances:

• Detection of abnormal login activity;
• Receipt of a report of suspicious account activity by a User;
• Suspicion of account theft; or
• At the request of law enforcement authorities.

To restore an account or perform critical operations, Users must, at the Platform's request:

• Provide valid identification documents;
• Verify the mobile phone number used during registration; and/or
• Provide other necessary verification information.

5.1 Services Provided by the Platform

The Platform provides Users with the following services:

• Job searches and smart matching between Users and Hirers;
• Resume creation and management;
• Job posting and browsing; and
• Full access to available membership features.

5.2 Scope of Available Features

The following features are available to all Users:

• Unlimited job searches and applications;
• Comprehensive personal profile display;
• Tracking of application records;
• Matching system for Users and Hirers.

5.3 Updates to Scope of Available Features

The Platform may adjust the scope of features available to Users by:

• Periodically introducing new features; and
• Optimizing or adjusting existing features.

5.4 Usage Restrictions

To ensure service quality, the Platform may:

• Set reasonable usage limits on certain features;
• Require Users to comply with specific usage rules;
• Establish mechanisms to prevent abuse of the services provided by the Platform; and
• Conduct necessary identity verification.

5.5 Payment Terms

All payments from the Hirer will be deposited into the bank account in the User's own name provided by the User during registration. The Platform is not liable for any loss or damage resulting from the provision of incorrect account information by the User.

5.6 Engagement between Users and Hirers

Any engagement between Users and Hirers that is processed through the Platform shall constitute a separate agreement between the User and the Hirer. Users acknowledge that their acceptance of engagements through the use of the Platform does not establish the Platform as a provider of such engagements or create any employment relationship, partnership or joint venture between Users and the Platform. The Platform shall not be liable in any way for the calculation of payments by Hirers to Users.

5.7 Work Shifts

Without prejudice to Section 5.6 above, Users acknowledge and agree that in respect of all engagements between Users and Hirers that are processed through the Platform:

• Confirmation of Work Hours: Users must scan a designated QR code at the beginning and upon completion of each work shift to provide a record of the actual working hours to the Platform. In the event of discrepancies between the scheduled and actual working hours (for example, due to late arrivals or overtime), Users must confirm the number of hours worked in their profiles within 7 days of each work shift to facilitate the calculation of payments by Hirers. Users must ensure and warrant that the information provided in this regard is true and accurate.
• Late Arrivals: Late arrival to a work shift assigned to a User will be recorded in the User's profile and may result in a reduction in payment by the Hirer.
• Cancellations: Users may cancel work shifts assigned to them via the cancellation function in their profiles. A cancellation made less than 24 hours before the scheduled start time of a work shift will result in a 3-day account suspension. If such cancellation occurs twice within one calendar month, the User will be permanently banned from the Platform.
• No-shows: Failure to cancel a work shift assigned to a User in advance and absence from such work shift will result in a 14-day account suspension. If such no-show occurs twice within one calendar year, the User will be permanently banned from the Platform.
• Disputes Relating to Work Shifts: If Users dispute any decision by the Platform in respect of late arrivals to, cancellations of or no-shows at work shifts assigned to them, they should submit the relevant information and supporting documents to the Platform by way of email to cs@workingbird.com.hk. The Platform will review each case on an individual basis and reserves the right of final decision.

The Platform places great importance on protection of Users' privacy and personal data and is committed to complying with the provisions of the Hong Kong Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong). The Platform will take all reasonably practicable measures to ensure the security of Users' personal data.

For details on how the Platform collects, uses, protects and manages Users' personal data, please refer to the Platform's *Privacy and Data Protection Policy*.

7.1 Platform Content Rights

All content on the Platform, including but not limited to the following, is protected by intellectual property rights:

• Website design and interface;
• Program code;
• Trademarks and logos;
• Text content; and
• Typography and artistic design.

The Company owns all intellectual property rights associated with the content on the Platform.

7.2 User Authorization

Content posted by Users on the Platform is subject to the following provisions:

• Users grant the Platform a non-exclusive, royalty-free, sublicensable licence to use, reproduce, and display such content to support Platform operations;
• Users must ensure that their posted content does not infringe on others' intellectual property rights; and
• Users agree to allow the Platform to make necessary edits or modifications to such content.

7.3 Usage Restrictions

Without written authorization from the Platform, Users shall not:

• Copy, reproduce or otherwise use the Platform's content for commercial purposes;
• Modify any part of the Platform's content; and
• Hack or reverse-engineer the Platform's programs.

7.4 Handling Infringements

The Platform reserves the right to immediately remove any content posted by Users that infringes intellectual property rights. Users shall be solely responsible for any loss or damage incurred by third parties, and shall fully indemnify the Platform for any loss or damage incurred by the Platform, as a result of their infringement of intellectual property rights.

8.1 Disclaimer

In respect of the services provided by the Platform:

• The Platform will make every effort to ensure stability in the provision of such services but does not guarantee that they will be uninterrupted or error-free;
• The Platform assumes no responsibility for, nor does it guarantee the accuracy of, any job information displayed on the Platform that is posted directly by Hirers;
• The Platform does not guarantee Users' success in securing engagements by Hirers through the Platform; and
• The Platform is not responsible for service interruptions due to network connectivity or device failures.

8.2 Limitation of Liability

To the extent permitted by the laws of Hong Kong, the Platform shall not be liable for any claims, liabilities, damages, losses, expenses, loss of profits or revenue, loss of data, use, goodwill, or other intangible losses, whether incurred directly or indirectly, resulting from:

• a User's breach of these Terms;
• a User's failure to promptly update or correct his/her personal information;
• a User's failure to safeguard the security of login details;
• any inaccuracy in the information provided by a User to the Platform (including, but not limited to, those relating to work shifts under section 5.7 above);
• any security incident caused by force majeure, including but not limited to unauthorized use or theft of a User's account by a third party;
• any dispute between one User and another, or between a User and a Hirer;
• any dispute relating to services provided by third parties through the Platform; and
• any service interruption or system failure caused by system maintenance, upgrades, or other technical reasons.

8.3 Users' Responsibility

Users acknowledge that, when using the services provided by the Platform:

• Users are responsible for all activities conducted under their accounts;
• Users must independently verify the authenticity of all job information posted by Hirers and agree that the Platform makes no warranty or representation as to the authenticity or accuracy of the job information;
• Users should properly safeguard their personal data and login credentials; and
• Users shall bear the consequences of providing false or incorrect information.

8.4 Limitation of Compensation

Without prejudice to Section 8.2 above, if the Platform is liable to provide compensation to any User, the following limits apply:

• The amount of any such compensation shall not exceed the total amount of the fee the Platform will receive from the Hirer for the engagement of the User that is processed through the Platform;
• The Platform shall not be liable for any direct or indirect losses or consequential damages suffered by the User, and without prejudice to such, any such loss or damages shall be limited to the above amount of compensation in any event;
• The Platform shall not be responsible for the actions of third parties (including, but not limited to, Hirers); and
• The Platform will only process claims for compensation submitted by Users within 30 calendar days after an incident.

Users shall indemnify and hold harmless the Platform, its officers, directors, employees, agents and affiliates, from and against any claims, liabilities, damages, losses and expenses arising out of or in any way connected with Users' access to or use of the Platform or their breach of these Terms (including, but not limited to, reasonable legal and accounting fees).

10.1 Termination of Services

The Platform may terminate the provision of services to Users under the following circumstances:

• Breach of any provision of these Terms by Users;
• Engagement in illegal or improper behavior by Users;
• Provision of false or misleading information by Users;
• Termination of all or part of the Platform's services due to a change in operational needs; or
• Termination of all or part of the Platform's services as required by law or government authorities.

10.2 Post-Termination

Upon termination of services:

• Users' accounts will be immediately suspended and/or terminated;
• The Platform will retain Users' data to the extent permitted and required by the laws of Hong Kong; and
• Sections 7, 8 and 9 of these Terms shall survive termination of services.

10.3 Dispute Resolution

In case of a dispute between a User and the Platform, both parties shall first attempt to resolve the dispute through amicable negotiation before commencing any legal proceedings. The parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

11.1 Right to vary

The Platform reserves the right to vary these Terms at any time. Users will be informed of material changes made to the Terms by way of email or announcements on the Platform.

11.2 Entire Agreement

Regarding the completeness of these Terms:

• These Terms constitute the entire agreement between Users and the Platform; and
• These Terms supersede any contract, deed, arrangement, related condition, collateral arrangement, condition, warranty, indemnity or representation imposed, given or made by Users or the Platform.

11.3 Transfer Restrictions

Regarding the transfer of rights and obligations:

• Users may not transfer their rights under these Terms to third parties without the Platform's written consent; and
• The Platform may transfer its rights and obligations under these Terms to third parties in the event of reorganization or acquisition, and Users who are affected by such transfer will be notified accordingly.

11.4 Governing Law

These Terms are governed by the laws of the Hong Kong Special Administrative Region.

11.5 Severability

Part or all of any provision of these Terms that is illegal or unenforceable will be severed from these Terms and the remaining provisions continue in force.

11.6 English Version Prevails

The English version of these Terms shall prevail in case of any discrepancy or inconsistency between the English version and its Chinese translation.