Habitat Rules

The Sakti Elixir, Wellness Sanctuary, Yoga and Sacred Arts Studios ('Habitat')

The Habitat is operated by EVOLUTION WELLNESS HONG KONG LIMITED (the "Company") whose principal objective is to provide wellness and leisure facilities within the Habitat. The Fivelements Home Habitat is the enrolment Habitat where you join and pay the fees. The Company has appointed a Management team (the "Management") which is responsible for the operation of the Habitat in accordance with the Rules, as the same may be amended from time to time.
Service Plan Terms
a) Enrollment and continued tenure are subject to the Rules that are from time to time in force. The rules may be amended by the Management at any time at its discretion.

b) Individuals who are at least sixteen (16) years old may apply for enrolment. Applicants must complete the application form and other documents as may be required by the Management. In addition to the documents mentioned in the immediately preceding sentence, it is mandatory for applicants who are below eighteen (18) years old to submit the Parental/Guardian consent portion of the application form duly signed by their parent/guardian.

c) The Management reserves the right to reject an application for enrollment to the Habitat for any reason whatsoever and without assigning any reason therefor.

d) Your enrollment is personal to you and is non-assignable, non-transferable and non-refundable. You may not lend your Fivelements Card to anyone else or permit it to be used by anyone else. The Company may assign the benefit of these Rules to any persons, firm or company at any time without notice to you.

e) Upon acceptance of your enrollment application, you will be issued with a Fivelements Card (which shall remain the property of the Company) and you shall be entitled to all the rights and privileges exercisable by the class of individuals for which your enrollment application has been accepted. If a Fivelements card is lost or mislaid, the Management will issue a replacement Fivelements card subject to the payment of a processing fee.

f) If you wish to enter the Habitat without a valid Fivelements card, you may only be admitted at the absolute discretion of the Management. You are required to produce your Fivelements card prior to admission to the Habitat, and to register at the concierge.

g) Fivelements Services Plan Categories

h) The Friends of Fivelements has a commitment to a minimum of three (3), six (6) and twelve (12) full monthly payments of Monthly Dues. You cannot terminate a Friends of Fivelements service agreement during the first three (3), six (6) or twelve (12) months of enrolment according to the option chosen.

i) Prepaid Monthly Dues for any packages are not refundable under any circumstances.

j) Once you have committed to a minimum period, your contract will automatically continue afterward, to ensure you continue enjoy the benefits of an active lifestyle.
Refund Policy
a) Your enrolment is personal to you and is non-assignable, non-transferable and non-refundable.

b) A Fivelements Terms Plan is a prepaid contract for twelve (12) or twenty-four (24) months. The prepaid Monthly Dues for the year or two year term duration are not refundable under any circumstances.

c) You must pay an Initial Joining Fee and an Administration Fee in the amount specified. These fees are non-refundable and are due immediately upon your enrolment being accepted. The amount of the Initial Joining Fee and the Administration Fee are subject to change without prior notice.

d) If you wish to terminate your Fivelements Service Plan for any other reason within a commitment period, the early termination fee is $2,000. You must also complete not less than half of the commitment period. All prepaid dues are non-refundable or may be offset for the termination notice period.
Fivelements Services Agreement Fees
a) You must pay an Initial Joining Fee and an Administration Fee in the amount specified. These fees are non-refundable and are due immediately upon your enrollment being accepted. The amount of the Initial Joining Fee and the Administration Fee are subject to change without prior notice.

b) Upon enrollment and as a condition of your enjoyment of the privileges associated with the Habitat, you must pay a monthly fee (the "Monthly Dues"). You are required to pay the Monthly Dues in advance by automatic debit from your bank account or credit card. In this regard, you shall execute any and all authorizations and documents as may be required by the Company. A handling charge will be made for any contract that is not enrolled on the automatic debit system. If for any reason, the Company is unable to collect the Monthly Dues through the automatic debit from your bank account or credit card; (which would occur, for example, your bank account has been closed; or your credit card has expired or been terminated), you shall immediately pay the Monthly Dues. Failure to allow the automatic debit of your bank account or credit card in a timely fashion will result in your enrollment and access being temporarily suspended until the outstanding balance is paid; a late payment penalty will also be imposed. The Management reserves the right to charge a collection fee of HK$30-in the event of the unsuccessful collection of an automatic debit due an error with your bank account or credit card or for any other reason. Legal action may be taken to recover outstanding payments due, including late charges. You shall indemnify the Management and the Company jointly and severally for any costs incurred that are/ associated with any legal action taken to recover any outstanding payments due.

c) Monthly Dues may be increased, on thirty (30) days' notice, at the discretion of the Management. The requirement to give notice shall be deemed to be fulfilled by a notice of any increase in the Monthly Dues being posted in the Habitat on the designated notice board within the Habitat or in any other conspicuous area within the Habitat for thirty (30) consecutive days prior the date of effectiveness of any such increase.

d) The Management reserves the right to introduce new categories of Plans and to vary their prices from time to time.
Freezing a Service Plan
a) In the event you are subject to a prolonged period of absence from the Habitat, you may apply in person to the Fivelements

Habitat at which you have enrolled, to "freeze" your contract. Freezing must be approved in advance by the Management and will only be approved for genuine reasons of inability to use the Fivelements facilities.

b) You must give at least 14 days' notice in person to your Fivelements Habitat Manager prior to the effectiveness of the proposed freeze period. For the purposes of these Rules, "one full calendar month" shall mean the period from the first day of a given month up to the last day thereof. The request for a freeze must state the reason(s) therefor and the proposed freeze period. You acknowledge that your Fivelements Habitat is not obligated to approve your request for a freeze if you have failed to comply with your Minimum Commitment Period. In no event shall the freeze period be counted towards the notice period for termination of your Fivelements Services Agreement.

c) You are entitled to freeze your Fivelements Service Plan for maximum of twelve (12) months if you are pregnant, or for a maximum of three (3) months for any other reason. You are allowed to freeze you plan twice within any one (1) year.

d) In no event shall the freeze period be counted for the purpose of determining whether you have complied with you minimum Commitment Period. The freeze period will be added to the end of the minimum commitment.

e) Upon approval of a freeze request, you are required to pay a freeze fee of $228 for each month the Fivelements Service Plan is frozen. In no event shall the freeze period be counted towards the notice period for termination of a Fivelements Service Plan.

f) You should surrender your card to the Fivelements Habitat prior to the effectiveness of the freeze period.

g) You, may at any time during the freeze period, request that your contract be "unfreeze", provided that you pay your total Monthly Dues on a prorate basic at the Fivelements reception counter.

h) Upon the reactivation or unfreezing of your contract, your obligation to pay the applicable Monthly Dues shall be reinstated.
Contract Termination
a) One full calendar month's advance notice must be given in person to the Habitat Manager when terminating a Services Agreement.

b) Termination may not take place within a Minimum Commitment Period or before settlement of all obligations.

c) Prior to the effectiveness of the termination of a Fivelements Service Plan, you must continue to pay the Monthly Dues.

d) If you wish to terminate your Fivelements Service Plan for any reason within a commitment period, the early termination fee is $2,000. You must also complete not less than half of the commitment period. All prepaid dues are non-refundable or may be offset for the termination notice period.

e) Termination of a Fivelements Services Agreement that has been frozen shall be subject to payment of the full Monthly

f) Dues for the notice period herein mentioned.

g) Upon termination of a Fivelements Services Agreement, your Fivelements card must be returned to the Fivelements Habitat of enrollment and you shall no longer have any rights or privileges with regard to the Fivelements Habitat monthly programs. You shall only enjoy the Food and Beverage, Wellness Treatments and Private Sessions at a separate cost and shall not be entitled to use any of the monthly program and related Fivelements facilities within the Habitat.

h) You may not, for any reason, terminate your Fivelements Service Agreement then start a new contract at a lower Monthly Dues rate in a newly opened Fivelements Habitat or another Habitat owned or operated by the Company.

i) Seven (7) days money back guarantee

j) If you are a first-time new joiner, then you may apply for a "Seven (7) days Money Back Guarantee" within the first seven (7) days from the date of joining.

k) The Initial Joining Fee and the Administration Fee will not be refunded at any reason whatsoever
Physical Condition of Cardholder
a) You warrant and represent that you are in good physical condition, that you know of no medical or other reason why you are not capable of engaging in active or passive exercise and that such exercise will not be detrimental to your health, safety, comfort or physical condition. You further represent that you suffer from no physical impairment that would prevent your use of the Fivelements Habitat facilities or adversely affects your decision to participate in any activity at the Fivelements Habitat.

b)You agree not to use any Fivelements Habitat facilities whilst suffering from any infections, contagious illness, disease or other ailment including (without limitation) open cuts, abrasions, open sores or minor infection, where there is a risk that such use may be detrimental to the health, safety comfort or physical condition of the other users.

c) The Management reserves the right to refuse entry to any person for safety, health or security reasons, and you agree to hold the Company and the Fivelements Habitat free and harmless from any and all claims, damages or liability arising from such refusal.

d) The use of all Fivelements Habitat facilities is entirely at your own risk. Use of the specialist facilities within the Fivelements Habitat may result in harm to you, especially if you are not familiar with the proper use of particular facilities. You should not use any of the facilities if you are not sure about the safe and proper use thereof.
Expulsion of a Fivelements Cardholder
The Management may terminate any Fivelements Services Agreement:

a) Without notice and with immediate effect if the Fivelements Cardholder's conduct, whether or not such conduct is the subject of complaint by other Fivelements Cardholders, is such that in the reasonable opinion of the Management, it poses a threat to the security, safety or health of other Fivelements Cardholders or the Company's directors, officers, employees or agents, or may be injurious to the character, reputation, goodwill or interests of the Company and/or the Fivelements Habitat.

b) Without notice and with immediate effect if the Fivelements Cardholder commit any breach of the Rules as are from time to time in force.

c) Without notice and with immediate effect; if Management believes that the Fivelements Cardholder is conducting personal training services, a business or other service without the formal consent of the Management.

d) Upon notice in writing, if any Monthly Dues, locker fees, service charges or any other payments required to be paid by the Fivelements Cardholder remain unpaid after the due date for payment.

e) Upon notice in writing, if the Company is of the opinion that the Fivelements Cardholder is not suitable or is unfit for continued enrollment with the Fivelements Habitat. All decisions of the Management under this clause shall be final and binding.

f) A Fivelements Cardholder whose contract is terminated by the Management shall forfeit all the privileges held by the Fivelements Cardholder, with immediate effect. As a consequence of such termination, the Fivelements Cardholder shall forfeit any and all amounts which have been paid to the Fivelements Habitat, including the Initial Fee and the Monthly Dues for the month in which the termination occurs, without the right to claim any refund. On termination of a Fivelements Cardholder's contract, he/she shall forthwith return his/her Fivelements Card and any other property provided or assigned to him/her by the Fivelements Habitat and shall settle any outstanding amounts owning to the Fivelements Habitat. An individual whose contract has been terminated cannot use a Guest Pass in order to avail of the monthly classes and related facilities of any Habitat where his/her enrollment has been terminated by the Management. Under this clause, and individual whose contract has been terminated prior to the completion of the Minimum Commitment Period shall pay the Habitat, by way of liquidated damages, an amount equivalent to the total Monthly Dues payable from the effective day of termination up to the expiration of the Minimum Commitment Period. For this purpose, the Fivelements Habitat and the Management shall have the right to make an automatic debit from the bank account or credit card of the individual whose contract is terminated, and the individual expressly authorizes this action. The Fivelements Habitat reserves the right to exercise any and all remedies provided herein and under the law arising from a breach of the terms and conditions of the Rules by any person who has a contract with the Fivelements Habitat.
Guests
a) If you are introducing a Guest or Guests, you must ensure that each Guest completes a Guest Pass and pays the current guest fee and a refundable deposit for the Guest Pass. By completing a Guest Pass, your Guest agrees to be bound by the Rules and the restrictions, disclaimers and terms herein the Guest Pass. Admission of your Guest to the Fivelements Habitat is subject to the discretion of the Management, and your Guest may be admitted upon such conditions as the Management may impose.

b) Guests have the same contract privileges as the person who introduces them, and must be accompanied by that person, and Guests will be subject to the same Rules and limitations of liability as the Fivelements Cardholder. The Fivelements Cardholder will be held fully responsible for the conduct of his/her Guests. It is also the responsibility of a Fivelements Cardholder who introduces a Guest to ensure that his/her Guest complies with the Rules.

c) The Management reserves the right to exclude any Guest from the Habitat without giving any reason therefor. The Management reserves the right to change the fees payable by a Guest.
Private Session
a) All Fivelements Cardholder are encouraged to undertake a Wellness Consultation conducted by the wellness team of the Fivelements Habitat before starting a wellness program. Notwithstanding any consultation on wellness programs which may be provided by the Fivelements Wellness Team, it is hereby understood that the selection of wellness programs, methods and types of equipment shall be the Fivelements Cardholders responsibility. The Fivelements Habitat does not make any representation to the services which are required to seek professional medical option. The Fivelements Habitat shall not be liable for any death, injury, damage or risk to the Fivelements Habitat Cardholder's health or physical condition resulting from the use of the Fivelements Habitat.

b) Wellness Consultation and Private Sessions for Fivelements Habitat Cardholders are strictly by appointment and subject to a separate fee. Bookings can be made up to one (1) week in advance and at least twenty-four (24) hours' notice is required. In the event of cancellation of any appointment or session, otherwise, any fees chargeable thereto share be payable in full notwithstanding non-attendance. The Management reserves the right to refuse any appointment according to booking condition.

c) Yoga Instructors and Sacred Artists are authorized to stop anyone from performing exercise which may pose a health or safety risk to the Fivelements Habitat Cardholder or the other Cardholders of the Fivelements Habitat and their Guests. Fivelements Habitat Cardholder and their Guests must abide by all the instruction of the Fivelements Habitat Team to ensure the safety in the Habitat.

d) Only qualified Fivelements Habitat Yoga Instructors and Sacred Artists are permitted to perform private session.

e) All Private Sessions paid in advance are non-transferable and non-refundable for any reason whatsoever.

f) If you avail yourself to the Private Session you shall be bound by the rules provided in the Private Sessions Agreement.
Dress Code
a) All Fivelements Cardholders and their Guests are required to wear proper and comfortable outfit. A top is required, which must cover the chest area. No torn items of clothing are permitted. Yoga toppers are recommended to be used inside the Habitat to ensure personal hygiene.

b) The Fivelements Habitat shall inform Fivelements Cardholder of other rules and regulations for using the facilities from time to time.
Wellness Sanctuary
a) Reservations are required at least 24 hours prior to arrival to ensure availability.

b) Cancellation/ Re-scheduling /Tardiness: For cancellations made later than 24-hours prior appointment a 50% charge of your scheduled treatment will be applied. No-show appointment will be charged 100%. If you need to re-schedule your appointment, please contact the Concierge Team no later than 24-hours prior to your appointment and we will make every attempt to accommodate your desired program. In the event that you arrive late, please note that we may be forced to shorten the treatment if the therapist has another booking immediately afterwards as a courtesy to the next guest.

c) Please arrive 20 min prior to your booking. This allows proper time to complete a short health form and guarantee the full treatment experience.

d) As a healing destination retreat, Fivelements maintains a peaceful atmosphere integrated with nature. To this regard, we support a smoke-free & alcohol-free environment. In addition, we kindly ask that you refrain from speaking loudly and please turn off your mobile phone while in our wellness sanctuary.

Lockers

a) Private lockers are available for rental on a monthly basis at the prevailing monthly fee stipulated by the Management which may change from time to time. Locker monthly fees must be paid in advance by direct debit from the Fivelements Cardholder's bank account or credit card. Lockers are not transferable.

b) The Management accepts no responsibility to Fivelements Cardholders for loss of damage to locker contents arising for any reason whatsoever. Neither daily nor rental lockers should be used for the storage of valuable items.

c) The Fivelements Cardholder will be given a locker key upon the commencement of the locker rental. The locker key shall remain the property of the Fivelements Habitat and must be returned to the Fivelements Habitat upon cancellation of the locker rental or termination of contract, whichever is earlier. The Fivelements Cardholder shall also remove all his/her personal belongings from the lockers upon cancellation or expiration of the locker rental.

d) The Fivelements Cardholder hereby authorizes the Management to open and clear the locker of any and all of the Fivelements Cardholder's belongings on the date immediately following the cancellation or expiration of the locker rental.

e) The Management shall have the right to dispose of the Fivelements Cardholders belonging in any way it sees fit. In the event of the loss of the locker key, the Fivelements Cardholder shall immediately notify the Fivelements Habitat, and the Fivelements Habitat shall issue a replacement locker key, subject to the additional fee.

f) One (1) full calendar month's advance notice (such notice to expire on the last day of a month) is required to be given in person to the Fivelements Habitat of enrollment in the event of the termination of a locker rental. The Fivelements Cardholder shall not be entitled to a refund of the rental fee he/she has paid should he/she decide to terminate the locker rental.

g) Fivelements Cardholders are prohibited from subletting or assigning their lockers to other contract holders or Guests.

h) Daily lockers are provided for use whilst using the facilities and will be cleared daily once the Fivelements Habitat has closed for the day. Fivelements Cardholders are advised that the lockers provided are not security lockers – the Management therefore requests that all valuable items are kept secure by Fivelements Cardholders through a means other than leaving them inside lockers.

i) Once the Fivelements Habitat is closed, all daily lockers will be opened for cleaning. All items found will be placed in the Fivelements Habitat's lost and found section. An overnight storage fee will be incurred by you prior to the return of any item found inside a daily locker. All items recovered must be properly identified by you prior to their subsequent release.
Provision of Personal Data
a) The Company recognises the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.

b) You understand, acknowledge and consent to the Company processing, collecting and using your personal data for the following purposes:

(i) Processing, administering and managing your Fivelements Contract;

(ii) Processing any transactions or payments made by you and to maintain payment records;

(iii) Contacting you or communicating with you via telephone call, text message, fax message, email and/or postal mail for the purposes of processing, administering and managing your Fivelements Contract;

(iv) for publicity purposes and conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve our services and facilities in order to enhance the services we provide to you, where you have consented for the Company to do so;

(v) record-keeping purposes;

(vi) Responding to legal process, pursuing legal rights and remedies, defending litigation and managing any complaints or claims;

(vii) Complying with any applicable law, regulation, legal process or government request; and

(viii) Storing, hosting and/or backing up (whether for disaster recovery or otherwise) your personal data, whether within or outside Hong Kong.

c) Your personal data may be used, disclosed, maintained, accessed, processed and/or transferred to the following third parties, whether sited in Hong Kong or outside of Hong Kong, for one or more of the purposes set out above:

(i) the Company's head office, affiliates and subsidiaries;

(ii) any of the Company's agents, contractors or third party service providers that process or will be processing your personal data on our behalf including but not limited to those third party service providers which have been engaged by the Company to: (i) to provide and maintain any IT equipment used to store and access your personal information; (ii) to operate the; or (iii) otherwise in connection with the provision of Fivelements services to you;

(iii) the Company's auditors and legal advisors;

(iv) financial institutions, credit card companies and payment processors; and

(v) public and governmental / regulatory authorities, courts and other alternative dispute forums.

d) Further details on how the Company collects, uses and/or discloses your personal data can be found in our Privacy Policy available at http://www.fivelements.com/privacy-policy or any of our Fivelements Habitats.

e) Data relating to Fivelements Cardholders or guests may be used for processing services, collection of Dues, locker fees, service fees and other payments required under the Rules or used in connection with the operation of the Fivelements Habitat and any ancillary or related purpose thereto.

f) The Fivelements Habitat may provide and transfer such data to any other Habitat of the Company, the Company or any member of the Company's Group, any agent, collection agency, contractor or person who provides administrative, telecommunications, computer and other services to the Fivelements Habitat in connection with the operation of the Fivelements Habitat business.

g) As a Fivelements Cardholder, you have the right to request access to and correct your personal data held by the Fivelements Habitat in relation to you, upon payment of a reasonable processing fee, and you can make such requests to your Fivelements Habitat of enrolment.

h) If you have once accepted to give us and use of your personal data, you may receive from us from time to time administrative news, direct marketing telephone calls, emails, SMS, direct mailings or other means, the same of which contain promotional materials. You may opt-out from receiving marketing communications at any time, free of charge, by:

Sending us a written request by:

i) Email to: wellnessts@fivelements.com

ii) Updating your communication preferences at our concierge
Other terms
a) Fivelements Cardholder and their guests are not allowed to bring their own food into the Habitat.

b) Lost property found at the Habitat will be held by the Management for a period of three (3) months from discovery, after which the Management reserves the right to dispose of the items in any way it sees fit. No claims shall be entertained after this period.

c) The Management reserves the right to use individual or group photographs of Fivelements Cardholders and/or their Guests for press or promotional purposes.

d) The Management may from time to time wish to show walk in guests or others around the Habitat and allow them to use the Fivelements Habitat facilities on a trial basis, and hereby reserves the right to do so.

e) The normal hours of operation are indicated at the entrance and on the notice board of each Fivelements Habitat. The Management reserves the right to adjust the hours or to close all or any part of the Habitat for the purpose of cleaning, decorating, repairs, or maintenance, or for special private functions and holidays.

f) The Management shall endeavour to give reasonable notice of any lengthening or shortening of such hours and/or the closure of the Habitat.

g) Smoking is not permitted in any part of the Fivelements Habitat.

h) In the interests of health and hygiene, you are requested to shower prior to entering the Sauna and/or Steam Room.

i) Fivelements Cardholders and their Guests may not use the Habitat while under the influence of alcohol, narcotics or other mood-altering substances.

j) The failure of Management or the Company to enforce any of their respective rights at any time for any period shall not be construed as a waiver of such rights.

k) The Management may, at its sole discretion, amend, vary, delete or add to these Rules with immediate effect. You will be advised of any changes by notification on the notice board within the Habitat.

l) These Rules shall be governed by and constructed in accordance with, the laws of the Special Administrative Region of Hong Kong

m) At the discretion of the Management, a Chinese translation of some or all of the Rules may be prepared and published. In the event of any real or apparent conflict arising between the English and Chinese version of a Rule, the meaning of the English version shall prevail.
Events T&C
a) This agreement is valid for Guests & Friends of Fivelements Habitat Hong Kong at the minimum age of at least sixteen (16) years old only. If you are below eighteen (18) years old, it is mandatory to submit a parental/guardian consent duly signed by your parent/guardian.

b) Friends of Fivelements are entitled to 10% savings on all Events.

c) Event sessions and services must be executed only at Fivelements Habitat.

d) Each Event must be paid up-front in full at time of purchase on the Webstore or through the Wellness Concierge Team at Fivelements Habitat where a receipt will be issued.

e) Prepaid Event sessions, services or products are non-refundable and non-transferable for any reason whatsoever.

f) Cancellations and no-shows will be charged in full.

g) In the event the original scheduled teacher is unavailable to conduct the Event sessions, Fivelements Habitat reserves the right to provide a substitute qualify Yoga Instructor / Sacred Artist.

h) Certain Events may require a minimum attendance. Should the Event be cancelled due to insufficient registrations, all fees paid will be refunded in full.

i) Event sessions or services will be expired after the event date.

j) You must comply with all visa and health requirements for Hong Kong and book your own flight and accommodation where necessary. Fivelements Habitat is not liable for any illness, delays or costs resulting from your failure to meet these requirements. You must ensure passport validity for at least 6 months from the day of arrival in Hong Kong. Travel Insurance is not included in the package, therefore we highly urge you to arrange your own travel insurance.

k) Photos and videos may be taken, solely for Fivelements Habitat marketing purposes.

l) You are required to wear proper and comfortable clothing. No torn items of clothing are permitted. Yoga toppers are recommended to be sued inside the Fivelements Habitat to ensure personal hygiene.

m) The Fivelements Habitat shall inform you of other rules and regulations for using the facilities from time to time.

n) You agree to hold Fivelements Habitat free from liability.

o) You represents that you are in good physical condition and have no medical reason, impairment or disability that might prevent you from using all the Fivelements Habitat facilities and any Event sessions or services. As such, you acknowledge that the Fivelements Habitat did not give medical advice before you agree this Agreement, and cannot give you any after you agree with this Agreement, relating to physical condition and ability to use the facilities and sessions. If the buyer has any health or medical concerns, now or after signing the Agreement, it is the buyer's responsibility to discuss them with your doctor before using the Fivelements Habitat facilities and Event sessions.

p) The use of the facilities at Fivelements Habitat and it's Event session and services naturally involves risk of injury to you whether you or someone else cause it. As such, you understand and voluntarily accept the risk and agree the Fivelements Habitat will not be liable for and injury, economic loss or any damage to you resulting from the negligence or other acts of the Fivelements Habitat or anyone else using the facilities. If there is any claim by anyone based on injury, loss or damage describe here, which involves you, you agree to (1) defend the Fivelements Habitat against such claims and pay the Fivelements Habitat for all expense relating to the claims and (2) indemnify the Fivelements Habitat for all liabilities to you or anyone else, resulting from such claims. Further, by confirming this Agreement, you agree to all terms of the Agreement.

q) Fivelements Habitat may recognises the importance of the personal data you have entrusted to us and we believe that it is our responsibility to properly manage, protect and process your personal data. For the purpose of providing service to you, Fivelements Habitat may be storing, hosting and / or backing up (whether for disaster recovery or otherwise) your personal data, whether within or outside Hong Kong at our data center in US.

r) This Agreement is binding and replaces any prior oral or written Agreement. If a court declared any part of this Agreement invalid it will not invalidate the remaining parts, which continue unaffected. If Fivelements Habitat does not enforce any right of the Agreement for any reason, it does not waive the right to enforce it later.

s) Fivelements Habitat reserves the right to revise this agreement at any time.

t) In case any of discrepancies between the English and Chinese versions, the English version shall prevail.