TERMS OF SERVICE of Makebell Services ("TOS")

1.1 Makebell Limited ("Makebell", "we" or "us") operates, manages, and administers the websites, www.makebell.com, www.malaccarisk.com ("Makebell Websites"), and the services it provides on those sites ("Services", "Makebell's Services") in accordance with the then effective version of the applicable Makebell Personal Data Collection Statement ("PICS").

1.2 The terms "you", "your" and "User" in these TOS refer to the claimants, respondents, mediators and/or arbitrators or neutrals who are using the Services and/or Makebell's Services (as the case may be). Depending on context, the terms "you", "your" and "User" in these TOS of use of the Services may also refer to any individuals and/or entities who are accessing and browsing the Services as visitors only (i.e. not using the Services as a claimant, respondent, mediator or arbitrator or neutral, as the case may be), and where the context so admits, the relevant provisions of these TOS would also generally apply to your visits, accessing and browsing activities on the Services.

1.3 Makebell may from time to time update these TOS and will notify Users by posting the revised version on the relevant websites of the Services. Users are responsible for reviewing these TOS regularly, and their continued access and use of the Services and/or our Services after any such posting shall constitute their agreement and acceptance of such revised TOS. If any such revision is unacceptable to you, you should stop accessing and using the Services and our Services.

1.4 Makebell's Services may be subject to additional terms and conditions governing their provision (including but not limited to the PICS), which additional terms will be made known to you upon you expressing your intent to use those services. Those additional terms and conditions are hereby incorporated by this reference to also form as a part of the agreement between Makebell and Users for or in relation to Makebell's provision of the Services and the Users' access and use of the Services.

1.5 If you have any questions about these TOS, or about accessing and using the Services, please contact us at info@Makebell.com.

2. SERVICES

2.1 The Services together with any and all Content (as further defined below) created for, contained in and/or otherwise provided or made available as part of our Services (including but not limited to all versions, medium, forms and formats thereof, and all improvements, modifications, amendments, adaptations, new and/or derivative works created therefrom and thereto) is our property owned by us, or is licensed by us from our relevant licensors. All the aforesaid works are owned by us and/or our licensors (as the case may be) and are protected by intellectual property rights (including but not limited to the copyright, trade mark, patent, design, rights in computer software, and databases) and/or any other intellectual property rights, proprietary rights, and equivalent or similar rights anywhere in the world.

2.2 For the purpose of these TOS, "Content" means any and all information, data, text, software, voice, image, computer programs (including source codes, object codes, and HTML codes), music, sound, photographs, graphics, still pictures, trademarks, service marks, trade dress, get-up, marks, signs, logos, icons, button icons, clips, database, tables and data compilations, templates, forms, directories, links, video, audio-visual contents, moving pictures (whether animated or not), animations, graphical user interface, merchandise, business materials, advertisements, messages and/or any other materials (or any compilations or combinations of them) that may be developed for, or incorporated or contained in the Services by Makebell (and/or its licensors) or that may otherwise be created, published, displayed on or made available by Makebell to Users on or through the Services and/or our provision of the Services.

2.3 Subject to the provisions of these TOS, Makebell grants Users with a limited, non-exclusive, and revocable license to access and use the Services only for the purpose of browsing the relevant sites of the Services and/or for using Makebell's Services. Save for such limited permissible use under license, you have no rights in or to the Services and/or the Content (or any part thereof), and you will not use the Services and/or the Content (or any part thereof) in any way or manner for any other purposes. Nothing in these TOS shall be construed or operate to grant any rights of ownership or other proprietary rights or interest in or to the Services and/or Content (or any part thereof) to any User.

2.4 Unless you have obtained our prior expressed written permission, you must not copy, reproduce, issue or make available copies, alter, adopt, extract, mirror, reverse engineer, decompile, disassemble, modify, publish, transmit, distribute, redistribute, exchange, transfer, translate, participate in the transfer or sale of, create any new or derivative works of, or in any other way whatsoever exploit or otherwise deal in or with, the Services and/or any of the Content (whether in whole or in part), or attempt to do any of the foregoing prohibited acts.

2.5 For any materials or documents downloaded on or through the Services and/or obtained during our provision of Services to you ("Downloaded Materials"), if any, you hereby agree and undertake that you will only use those Downloaded Materials for the permitted licensed purposes set out in Clause 2.3 above.

2.6 Your mobile network operator may charge you the relevant local, international and/or data roaming fees, costs, and charges (as applicable) for accessing and/or using the Services (whether within or outside of Hong Kong) and these charges may vary. You are solely responsible for arranging the relevant data plan for your device and for all of these data fees, costs, and charges with your mobile network operator.

2.7 We recognize and understand that Users are concerned about their privacy and how their personal data are being handled and processed. We pledge to comply with the applicable requirements of the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) and other applicable data protection laws. Before providing your personal data to us (whether on or through the Services or otherwise), please refer to Makebell PICS for further details about our personal data privacy policy and practices in relation to the collection, use, transfer, processing, and handling of personal data on or through our Services.

USER COVENANTS

3.1 You are fully responsible for your access and use of the Services, your conduct, and activities on the Services, and all your User-Generated Contents (as further defined below) whether publicly posted or privately transmitted by you (or on your behalf) on or through the Services.

3.2 As a condition of your access and use of the Services, you agree that you will not access and use the Services for any purpose which is unlawful or prohibited under any applicable laws or these TOS. Without limiting the generality of the foregoing, you agree not to:

3.3 We reserve the rights from time to time, without notice, to monitor, observe and record your access to and use of the Services to investigate and determine if you are complying with these TOS and/or for the purposes of the protection and/or enforcement of our relevant rights and interests in the event of any contravention by any Users of these TOS and/or any application laws, as the case may be.

4. USER GENERATED CONTENTS

4.1 For the purpose of these TOS, "User-Generated Contents" means any and all information, documents, data, files, messages, posts, voice, texts, photographs, videos and/or any other works or materials (in any format, form, media or medium) that Users may provide, make available, upload, transmit, send, post, publish, disseminate, submit to, or share with Makebell on or through the Services or otherwise in relation to Makebell's provision of the Services.

4.2 We do not monitor, preview, edit, screen or vet any User-Generated Contents that may be submitted, provided, posted, published, disseminated, uploaded, shared, transmitted, or otherwise sent by (or on behalf of) any Users to, on or through the Services. Users shall remain fully liable and responsible for their acts, omissions, conduct, interactions, activities, access, and use of the Services, including but not limited to any and all of their User-Generated Contents and the accuracy, legality, integrity and/or quality of such contents. We are not responsible for, and do not endorse, warrant, or otherwise guarantee any information contained in any such User-Generated Contents and/or the accuracy, legality, integrity and/or quality of any such User-Generated Contents.

4.3 Should any rights owners intend to file any complaints concerning any illegal, infringing, or inappropriate User-Generated Contents displayed on the Services, please contact us (Subject: "Attention: Makebell Services – Complaint on User-Generated Contents"), with the relevant documentations for rights assertion and particulars of the complaint by email to info@Makebell.com.

4.4 We reserve the right to remove, without warning or prior notice, any User-Generated Contents from the Services in our sole and absolute discretion.

4.5 Under no circumstances will we be liable or responsible in any way whatsoever for any User-Generated Contents, including but not limited to any errors or omissions in any User-Generated Contents, or for any loss, damage, cost and/or expense of any kind that may be suffered or incurred by any Users as a result of their interactions with, reliance and/or use of any User-Generated Contents on, through or from the Services.

4.6 As the User can voluntarily upload any relevant content related to Case information, and Makebell does not process or analyze the data uploaded; it is, therefore, the User's responsibility to ensure the data uploaded to the Services complies with the cross-border data transfer requirements of their applicable jurisdiction. Makebell will ensure that privacy and security controls are established to safeguard the Services.

ACCOUNT SECURITY

5.1 You are responsible for maintaining the security and confidentiality of your Account and Password and shall be fully responsible for all activities that occur in your Account or otherwise from your access and use of the Services. You shall:

5.2 You acknowledge that the Account and Passwords are confidential and you shall take all necessary actions, precautions, and safeguards to maintain the security and confidentiality of your Account and Passwords. You agree that under no circumstances will you disclose your Account information and Password to any other person(s), other than Makebell in the case of requiring assistance with your Account and/or Password (including but not limited to any Password reset), without the prior written consent of Makebell. Any words, action, or conduct whether intentional or unintentional, by you in breach of any obligations or requirements in this Section 5 shall render you fully liable to compensate and indemnify Makebell for all losses, damages, costs and/or expenses thereby caused, incurred, or suffered by Makebell (and/or any of the relevant Makebell Indemnified Parties as further defined below). You hereby agree and acknowledge that the use of the Services by any person whatsoever (whether authorized by you or not) with the Account and Password issued to you by Makebell shall constitute and be deemed as use of the Services by you. You shall notify Makebell immediately of any actual or suspected unauthorized use of your Account and Password and shall confirm the same in writing without delay to Makebell. You shall be fully liable to compensate and indemnify Makebell (and/or any of the relevant Makebell Indemnified Parties) for all losses, damages, costs and/or expenses that may be incurred or suffered by Makebell in respect of any access and/or use of your Account and Password (whether authorized by you or not).

5.3 You acknowledge and agree that Makebell is only responsible for verifying any Passwords issued to you, and that Makebell shall not be liable in respect of:

6. INDEMNITY

6.1 You agree to indemnify in full and on demand, defend and hold harmless Makebell, its directors, officers, affiliates, associated or related entities, agents, representatives, partners, staff and employees (collectively, "Makebell Indemnified Parties") from and against any and all claims, proceedings, damages, losses, injuries, liabilities, demands, actions, costs and/or expenses (including legal fees) arising from, or that may be incurred or suffered (whether directly or indirectly) by us and/or any of the relevant Makebell Indemnified Parties, from or in connection with (i) your acts or inaction in breach of these TOS, and/or (ii) your access and/or use of the Services and/or the Services. We may, if necessary, take conduct of and participate in the defence of any claims, disputes, proceedings, or actions against us or any of the relevant Makebell Indemnified Parties and/or any negotiations for settlement. No settlement that in our opinion may adversely affect the rights or obligations of any or all of the Makebell Indemnified Parties shall be made without Makebell's prior written approval. We reserve the right to assume exclusive defence and control of any such claims, disputes, proceedings, or actions. For the avoidance of doubt, this clause is for the benefit of the Makebell Indemnified Parties, each of which relies on the benefit and protection conferred, and we hereby accept such benefits on behalf of each and all of the Makebell Indemnified Parties.

7. DISCLAIMER and LIMITATION OF LIABILITY

7.1 Without limiting any exclusions or disclaimers specifically provided for in these TOS, to the fullest extent permitted under applicable laws, Makebell's aggregate liability (whether under contract, tort, or otherwise) to any User for any direct loss, damage, costs and/or expenses suffered or incurred in connection with that User's access and/or use of Makebell's Services shall be limited to that User's actual direct loss, and in any case, not exceeding the amount of the then effective online registration fees paid by that User to Makebell for use of the relevant Services (whichever is higher).

7.2 To the fullest extent as permitted under applicable laws, Makebell shall not be liable or responsible in any way (whether under contract, tort, or otherwise) for any indirect losses, damages, costs and/or expenses (including but not limited to legal fees and expenses) of any character, nature or kind that may be incurred or suffered by you arising from or in connection with your access and/or use of Makebell's Services.

7.3 Makebell is not responsible or liable for any and all infringing, threatening, defamatory, obscene, indecent, offensive, or illegal content or conduct of any other parties (including any other Users of the Services) or any infringement of any other parties' rights (including intellectual property rights) by any other party (including any other Users of the Services). We are not liable or responsible for any User-Generated Contents and/or any Linked Sites that may be made available in the Services.

7.4 Without prejudice to the generality of the provisions under the section "Disclaimer and Limitation of Liability" under these TOS, we are not responsible or liable for any disruption or non-availability of the Services (and/or any third party tools and technologies, if any, that may be used or implemented for the operation of the Services) resulting from any causes beyond our control, including but not limited to any Internet service provider/ISP equipment failure, push server failure, push service delays, data transmission failure, data reception failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship, acts of God, pandemic, epidemic or public health emergencies, and/or any act of government or regulatory bodies in relation to the provision of the Services and/or our Services.

7.5 All Content, Services, and any other materials and information provided in the Services are intended for Users' general information only. No part of the Services is intended to constitute any advice, recommendations, endorsement, approval, or suggestion from Makebell, and should not be relied upon when making any decisions or taking any actions of any kind. You shall carry out independent checks and judgment when using the Services and other materials and information included or provided therein.

7.6 Each and all of the disclaimers and limitations of liability contained in these TOS shall apply to the fullest extent as permitted under applicable laws. For the avoidance of doubt, nothing in these TOS shall exclude Makebell's liability for death or personal injuries caused by our own negligence, or any other liability (e.g., your statutory consumer rights) which we cannot lawfully restrict, exclude, or limit under applicable laws.

7.7 All Services, together with any new functions or features that augment or enhance the Services currently offered, shall, unless explicitly stated otherwise, be subject to these TOS and the other related policies and documents forming part of the agreement between Makebell and Users as stated above. You understand and agree that the Services are provided on an "AS-IS" and "AS AVAILABLE" basis. To the fullest extent permissible under applicable laws, we under applicable laws, we disclaim any and all guarantees, representations or warranties (whether express, implied, statutory or otherwise) of any kind, nature, or character, including but not limited to any representations, guarantees or warranties as to:

7.8 To the fullest extent permissible under applicable laws, no warranty, guarantee and/or representation (whether expressed, implied, or otherwise) is provided as to the availability, service levels, or up-time of the Services, and that Makebell assumes no responsibility for the timeliness, deletion, mis-delivery or failure of the provision of any functions of the Services and/or the delivery of the Services.

7.9 You understand that the technical processing and transmission of the Services may involve:

7.10 You further acknowledge and agree that, given the nature of the Internet, we cannot guarantee that any transmission of personally data or other identifiable information, other information, documents, or other communications on or through the Services and/or otherwise under, relating to, or in connection with the Services is completely secure.

8. MODIFICATIONS TO THE SERVICES

8.1 Makebell reserves the right at any time and from time to time, for any reason in its sole and absolute discretion, to update, improve, modify, suspend, or discontinue, whether temporarily or permanently, the Services (or any part thereof) with or without notice. For the avoidance of doubt, to the fullest extent permissible under applicable laws, no warranty, guarantee, or representation (whether expressed, implied, or otherwise) is provided as to the availability, service levels, or up-time of the Services. You agree that Makebell shall not be liable to you or to any third party for any such modification, unavailability, downtime, suspension, or discontinuance of the Services (or any parts thereof).

8.2 We may, in our sole and absolute discretion, from time to time update any Contents (including but not limited to any information on the Services and/or any links to any Linked Sites, as further defined below) that we may make available on the Services for your general information and reference. We may, in our sole and absolute discretion, provide Services to the Users through the Services or any other means/channels as we may consider appropriate. We are under no obligation to provide or arrange for any of the Services requested or applied by you through the Services, and we may revise, suspend, terminate, extend, or reduce the availability, types, or scope of the Services and/or the relevant features or functions of the Services as we consider appropriate from time to time. To the fullest extent as permitted under applicable laws, we are not liable for any delay or failure in providing or arranging for the Services.

9. TERMINATION

9.1 Without prejudice to any other rights and/or remedies that we may have under these TOS and/or under any applicable laws, we may terminate your access to and use of our Services (whether in whole or in part) at any time with immediate effect and in our sole and absolute discretion for any reason, with or without notice, including under the following circumstances:

9.2 You may, by giving ten (10) working days' prior written notice to us, terminate your access and use of the Services at any time. Upon termination, you should cease accessing or using the Services. Makebell's fees charged in relation to the Services are non-refundable.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 These TOS shall be construed in accordance with, and governed by, the laws of the Hong Kong Special Administrative Region of the Peoples' Republic of China ("Hong Kong"), without regard to or giving effect to any principles of conflict of laws.

10.2 Any disputes, differences, actions, claims, or demands arising therefrom or otherwise relating to these TOS (whether contractual or non-contractual), including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

11. GENERAL AND MISCELLANEOUS

11.1 ENTIRE AGREEMENT - These TOS of (together with the relevant Makebell Personal Information Collection Statement)) and any revised version thereof, constitutes the entire agreement between Makebell and Users in relation to the access and/or use of Makebell's Services and/or the Services.

11.2 SEVERABILITY - If any one or more of the provisions (or any parts thereof) of these TOS, or their application in any circumstance, is held to be invalid, illegal, or unenforceable in any respect under any applicable laws or for any other reason by any court of competent jurisdiction, then such provisions (or the relevant parts thereof) shall be deemed severed from these TOS without affecting the validity, legality and enforceability of any remaining provisions of these TOS.

11.3 THIRD PARTY RIGHTS - Except for the relevant Makebell Indemnified Parties or otherwise as stated in these TOS, any person who is not a party to these TOS shall have no right to enforce any of the provisions of these TOS under the Contract (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) or any laws (whether statute, common law or otherwise) on the rights of third party in contracts under any other applicable jurisdictions. For any rights conferred on third parties by these TOS, their consent is not required to rescind or vary these TOS.

11.4 PARTIES' RELATIONSHIP - Nothing under these TOS shall be construed or operate to create any business association, business affiliation, partnership, joint venture, principal-agent, employer-employee, trustee-fiduciary relationship or any other equivalent or similar relationships. Neither party shall have the right or authority or power to bind, or hold out to represent, the other party.

11.5 WAIVER - No waiver of any breach of these TOS will amount to a waiver of any further or other breach. Any waiver of any provision of these TOS would only be effective if expressed in writing and signed by us.

11.6 INTERPRETATION - Unless the context otherwise requires, these TOS should be construed using these rules of interpretation: (1) words importing one gender include other genders; (2) words importing the singular shall include the plural and vice versa; (3) references to clauses are references to clauses in these TOS; (4) any words and expressions defined in the main body of these TOS bear the defined meaning in the whole of these TOS; (5) a right granted or reserved may be exercised from time to time; (6) headings and sub-headings are for ease of reference and shall not affect the interpretation of these TOS; (7) use of the word "including" or "include" means "including but not limited to"; and (8) any reference to a person shall include that person's successors, representatives and permitted assigns.

11.7 REGISTRATION AND ADMINISTRATIVE FEES - The Parties shall pay the required fees as stipulated on the Makebell Websites with regards to the Services.

11.8 Users hereby confirm their agreement and acceptance of the above provisions and have agreed to these TOS (either in his/her own capacity, where the Party is an individual; or in his/her capacity as the duly authorized signatory/representative of a body corporate, where the Party is a body corporate, as the case may be).

11.9 The English version of these TOS shall prevail whenever there is a discrepancy or inconsistency between the English and the other language versions.