Terms of Use

Effective Date: [December 15, 2024]

Welcome to kyokung.com (the "Website"). By accessing or using this Website, you ("User") agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must immediately cease using the Website and any services provided herein.

The Website and its services are owned and operated by Lin Kit Kung (also referred to as "Kyo Kung," "Kyo," "Professor Kung," or "Professor"). All references to these names within these Terms shall refer to the individual Lin Kit Kung exclusively.

1.1 This Website serves as a personal blog for Lin Kit Kung, offering information about his background, professional services, and contact details. The Website includes two service channels:

• Top One Tutorial™: An educational channel offering various online courses.
• Goodbye to Overseas Love™: A free support service providing non-commercial, voluntary assistance.

1.2 Top One Tutorial™ and Goodbye to Overseas Love™ are not company names but unregistered trademarks (denoted by ™), exclusively used by Lin Kit Kung. Unauthorized use or registration of these names by any third party is strictly prohibited.

1.3 All services provided through the Website, including educational courses and support services, are subject to these Terms and governed by the laws of Hong Kong, without regard to conflicts of law principles.

2.1 The Website operates under the jurisdiction of the Hong Kong Special Administrative Region (HKSAR). All matters relating to the use of this Website, including disputes, shall be governed by and construed in accordance with the Hong Kong Basic Law.

2.2 By accessing this Website, Users expressly agree that any disputes arising from or related to the use of the Website shall be resolved exclusively under Hong Kong law. No other jurisdiction's laws, regulations, or interpretations shall apply, regardless of the User's location or citizenship.

2.3 Users agree that by using this Website, they waive any right to challenge these Terms under the laws of their respective countries or any other jurisdiction.

3.1 By accessing this Website, Users confirm that they are at least 18 years old or are using the Website under the supervision of a parent or legal guardian. Any purchases or agreements made by minors must have the explicit consent and supervision of their legal guardians.

3.2 Users agree to use this Website solely for lawful purposes and in compliance with these Terms. Any unauthorized use, including but not limited to:

• Attempting to access restricted areas of the Website.
• Interfering with the Website’s functionality.
• Misusing any provided information, services, or content.
  will result in immediate termination of access and potential legal action.

3.3 The Website does not guarantee uninterrupted or error-free operation. Users accept that services may occasionally be unavailable due to technical or other unforeseen issues.

4.1 All content on this Website, including but not limited to text, images, videos, courses, and downloadable materials, is the exclusive intellectual property of Lin Kit Kung unless otherwise stated. This content is protected under applicable copyright and intellectual property laws.

4.2 Users are granted a limited, non-transferable, and non-exclusive license to access and use the content solely for personal, non-commercial purposes. Any reproduction, redistribution, or commercial exploitation of the content without prior written consent from Lin Kit Kung is strictly prohibited.

4.3 Unauthorized use of trademarks, including Top One Tutorial™ and Goodbye to Overseas Love™, is prohibited and may result in legal action.

4.4 The Website uses third-party platforms, tools, and artificial intelligence software (e.g., ChatGPT) for content development and delivery. Users acknowledge and agree that all third-party intellectual property rights remain with their respective owners.

5.1 The Goodbye to Overseas Love™ service provides free support to individuals dealing with overseas loss, including two appointment-based Zoom services:

• Overseas Travel Support to Funeral (40 minutes)
• Overseas Travel Support to Hospital (40 minutes)

5.2 These services are provided entirely voluntarily and at no cost to the User. However, successful booking of an appointment does not guarantee service provision or any specific outcome.

5.3 Service Conditions:

• Appointments are non-reschedulable. Users must notify cancellations via email at admin@kyokung.com or the Website’s webchat.
• Services may be declined or canceled by Lin Kit Kung at any time without notice, explanation, or compensation.
• Users may not book multiple or duplicate appointments without prior consent from Lin Kit Kung.

5.4 Any third-party connections facilitated by this service, including but not limited to travel agencies, hotels, funeral homes, or hospitals, are provided solely as references. Users acknowledge that these third parties are not affiliated with Lin Kit Kung and that no commissions or financial benefits are received by him.

5.5 Non-Charitable Status:
The Goodbye to Overseas Love™ service is not registered as a charitable organization. It does not accept donations. Any funds mistakenly sent to Lin Kit Kung will be treated as unconditional gifts, unrelated to this service. These funds will be declared in accordance with Hong Kong tax laws.

5.6 Users agree that Lin Kit Kung shall not be held responsible for any losses, misunderstandings, or unfulfilled expectations arising from the use of this free service.

6.1 No Active Data Collection:
The Website does not actively collect personal data unless Users voluntarily provide it, such as for booking services, course registrations, or requesting certificates.

6.2 Purpose of Data Collection:
Personal data collected will be used solely for:

• Service delivery (e.g., course registration, scheduling appointments, issuing certificates).
• Verifying User identity.
• Improving service efficiency.

6.3 Handling and Storage:
Collected personal data will be stored securely using:

• Personal devices of Lin Kit Kung, protected by reputable antivirus software (e.g., Kaspersky).
• Hosting services provided by GoDaddy, which include data protection measures.

6.4 Third-Party Data Usage:
Where necessary to fulfill a service, personal data may be shared with third-party platforms (e.g., Zoom, Cognito Forms, PayPal, Stripe). By using this Website, Users consent to such sharing and acknowledge that Lin Kit Kung holds no responsibility for third-party actions.

6.5 Data Retention and Deletion:
Personal data will be retained for up to seven (7) years following the last service usage to comply with administrative and legal requirements. Users may request data deletion after this period, provided it aligns with local regulations.

6.6 Disclaimer on Data Security:
While all reasonable measures are taken to protect data, Users acknowledge and accept that no system is immune to breaches. Any loss or theft of data caused by third-party platforms or unforeseen circumstances will not hold Lin Kit Kung or the Website liable.

7.1 This Website integrates third-party platforms and tools, including but not limited to:

• PayPal and Stripe: For payment processing.
• Cognito Forms: For forms, surveys, and quizzes.
• Teachable and YouTube: For course content delivery.

7.2 Users agree to review and abide by the terms and policies of these platforms before use.

7.3 Liability Disclaimer:
The Website and Lin Kit Kung are not responsible for:

• Third-party platforms' policies, services, or operations.
• Issues, disputes, or losses arising from third-party use.

8.1 Courses and Services:
Refunds are only available under the following circumstances:

• If a course is canceled by Lin Kit Kung due to unforeseen circumstances.
• Refunds will be processed after deducting any third-party administrative or transaction fees (e.g., PayPal, Stripe).

8.2 Refunds will only be issued through the original payment method. Processing may take 4–6 weeks.

8.3 Non-Refundable Items:
Products such as certificates, recommendation letters, and other customized services are non-refundable.

9.1 Users agree that the Website and Lin Kit Kung shall not be liable for:

• Any inaccuracies, errors, or omissions in course content or materials.
• Losses arising from third-party reliance, data breaches, or system errors.
• Any indirect, consequential, or incidental damages.

9.2 Users acknowledge that all services, whether free or paid, are provided "as-is" and "as-available" without guarantees of specific outcomes or expectations.

9.3 Artificial Intelligence Disclaimer:
Certain educational materials and videos are developed using AI software (e.g., ChatGPT). Users understand and agree that these tools may produce content with errors, outdated information, or inaccuracies. By using such materials, Users waive the right to hold Lin Kit Kung accountable for any related consequences.

10.1 General Disclaimer:
The Website and its services are provided on an "as-is" and "as-available" basis. Lin Kit Kung makes no representations or warranties of any kind, express or implied, regarding the operation of the Website or the information, content, materials, or services included on or otherwise made available through it.

10.2 Educational Content Disclaimer:
The educational content, including but not limited to courses, materials, and advice provided on this Website or through related third-party platforms, is intended for general informational purposes. Lin Kit Kung does not guarantee the accuracy, reliability, or completeness of any information provided and will not be held responsible for any actions taken based on this content.

10.3 Third-Party Content and Links:
The Website may contain links to third-party websites or platforms. These links are provided for convenience and informational purposes only. Lin Kit Kung does not endorse or assume responsibility for the accuracy, availability, or legality of any third-party content.

10.4 Non-Charitable Status of Goodbye to Overseas Love™:
The Goodbye to Overseas Love™ service is not a registered charitable organization. It operates as a voluntary service without any acceptance of donations. Any funds mistakenly sent will be treated as unconditional gifts and not as payment for services.

10.5 AI and Technology Usage Disclaimer:
Certain course materials and services are created using artificial intelligence and other advanced technologies. While efforts are made to ensure accuracy, Users agree that any errors or inconsistencies resulting from AI tools are not the responsibility of Lin Kit Kung.

11.1 Modification of Terms:
These Terms may be updated or modified at any time at the sole discretion of Lin Kit Kung. Users agree to be bound by the latest version of these Terms upon continued use of the Website or its services.

11.2 No Prior Notification:
Amendments to these Terms will be effective immediately upon being published on the Website. Users are encouraged to regularly review the Terms to stay informed of any changes.

12.1 Termination by User:
Users may discontinue their use of the Website and its services at any time by ceasing access to the Website.

12.2 Termination by Lin Kit Kung:
Lin Kit Kung reserves the right to terminate or suspend a User's access to the Website and its services at any time, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms.
• Illegal or unauthorized use of the Website.

12.3 Effect of Termination:
Upon termination, the User's right to use the Website and its services will immediately cease.

13.1 Entire Agreement:
These Terms constitute the entire agreement between the User and Lin Kit Kung regarding the use of the Website and its services, superseding any prior agreements or understandings.

13.2 Severability:
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

13.3 No Waiver:
Failure by Lin Kit Kung to enforce any provision of these Terms shall not be considered a waiver of such provision.