Terms of Use

HelperLinked is a business-to-business (“B2B”) software platform that enables licensed employment agencies, training schools, sourcing partners, and other authorised users to connect, share helper profiles, and manage placement workflows. The Platform facilitates connections between parties. It does not itself recruit, place, sponsor, employ, supervise, or manage any domestic helper.

Phoenyx Capital Limited is not a licensed employment agency under the Employment Agencies Ordinance (Cap. 57A) or any other applicable law. Nothing in these Terms, the Platform, or any communication from HelperLinked shall be construed as the provision of employment agency services. All regulated employment agency activities conducted through or in connection with the Platform are the sole responsibility of the licensed Agency user conducting them.

No employment, agency, partnership, joint venture, franchise, or fiduciary relationship is created between HelperLinked and any helper, employer, or third party by virtue of the Platform or these Terms. HelperLinked is not a party to any employment contract, placement agreement, or service contract entered into between users and third parties.

HelperLinked makes no representation or warranty that any helper profile listed on the Platform will result in a successful placement, that any helper is available, suitable, qualified, or lawfully permitted to work, or that any application submitted through or in connection with the Platform will be approved by the Immigration Department, Labour Department, or any other authority.

The Platform is available to licensed employment agencies, training schools, and approved partner organisations operating in Hong Kong or such other jurisdictions as HelperLinked may from time to time permit. By registering, you represent and warrant that: (a) you hold all licences and authorisations required by applicable law to operate your business; (b) you are authorised to bind your organisation to these Terms; and (c) all information provided during registration is accurate and complete.

You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted under your account. You must notify us immediately at helperlinkedteam@gmail.com upon becoming aware of any unauthorised access or security breach. HelperLinked is not liable for any loss or damage arising from your failure to comply with this obligation.

Each organisation may maintain one primary account. Sub-accounts for staff members may be created within the Platform's multi-user structure. You must not create duplicate accounts to circumvent any restriction, suspension, or termination applied to your account.

You act as an independent data controller for all personal data you upload to the Platform, including helper profiles, client records, and employer information. You represent and warrant that: (a) you have obtained the explicit, informed consent of each helper whose profile you upload or share; (b) you have a lawful basis under the Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”) to collect, process, and share such data; and (c) each helper has been informed of the purpose for which their profile will be used, including that it may be shared with other agencies or partners through the Platform marketplace.

You are solely responsible for the accuracy, completeness, and currency of all data and content you upload to the Platform. HelperLinked does not independently verify, validate, or screen any information submitted by users. You must ensure that all information is accurate and not misleading at the time of upload and must update or remove profiles promptly where information becomes inaccurate or outdated.

You are solely responsible for your own compliance with all applicable laws and regulations, including but not limited to the Employment Agencies Ordinance (Cap. 57A), the Employment Ordinance (Cap. 57), the Immigration Ordinance (Cap. 115), the PDPO, and any directives of the Labour Department or Immigration Department. HelperLinked provides no regulatory guidance and shall not be liable for any regulatory breach by any user.

You must not use the Platform to:

• Upload false, misleading, or fabricated helper profiles or information;
• Upload profiles of helpers who have not consented to their data being shared;
• Process personal data for any purpose incompatible with the stated collection purpose;
• Circumvent, scrape, harvest, or systematically extract data from the Platform;
• Engage in any activity that constitutes unlicensed employment agency activity;
• Facilitate any arrangement that violates Hong Kong immigration or labour laws;
• Harass, defame, or engage in any unlawful conduct towards other users or helpers;
• Introduce malware, viruses, or any harmful code to the Platform.

Agencies may list helper profiles on the Platform marketplace for discovery by other registered agencies and partners. By listing a profile, you warrant that you are authorised to do so, that the helper has consented to their profile being shared on the marketplace, and that all information is accurate. HelperLinked reserves the right to remove any listing that violates these Terms without notice or liability.

Where an Agency or User discovers, identifies, or is introduced to any helper, agency, training partner, employer, or other contact (collectively, “Introduced Party”) through the Platform or as a direct or indirect result of the Platform's services, that Agency or User must not engage with, transact with, contact directly, or solicit the Introduced Party for any purpose related to domestic helper placement, sourcing, or recruitment, other than through the Platform or with HelperLinked's prior written consent.

This non-circumvention obligation applies from the date of first discovery or introduction on the Platform and continues for a period of twenty-four (24) months after the User's account is terminated or after the relevant Introduced Party was last encountered through the Platform, whichever is later.

If a User knowingly, recklessly, or negligently circumvents the Platform in breach of Clause 4.2, HelperLinked reserves the right to invoice that User for a circumvention fee equivalent to the greater of: (a) the platform fee that would have been payable had the transaction been conducted through the Platform; or (b) HK$10,000 per incident. Such fee shall be payable within 14 days of invoice. HelperLinked may pursue all available legal remedies in addition to this fee.

HelperLinked does not guarantee that any listing will result in a connection, transaction, or placement. The Platform is a discovery and workflow tool only. HelperLinked is not responsible for the quality, conduct, availability, or suitability of any helper, agency, or partner listed on or discovered through the Platform.

In respect of personal data relating to helpers, clients, and employers that you upload to the Platform, you are the data controller and HelperLinked acts solely as a data processor on your behalf, processing such data only as necessary to provide the Platform's services and as instructed by you. HelperLinked shall not use such data for any independent purpose without your authorisation.

In respect of data relating to your organisation's account, staff users, and platform usage, HelperLinked acts as an independent data controller. Details of how we collect and use this data are set out in our Privacy Policy.

You are solely responsible for ensuring your use of the Platform complies with the PDPO and all other applicable data protection laws, including obtaining valid consent from helpers and clients before uploading their personal data. HelperLinked shall not be liable for your failure to comply with these obligations.

The Platform is currently offered free of charge to registered agencies under an introductory access programme. HelperLinked reserves the right to introduce paid tiers or modify the feature set available on any tier at any time, subject to 30 days' advance written notice to registered users.

If paid subscription plans are introduced, fees will be payable in advance and are non-refundable except as required by applicable law. HelperLinked reserves the right to suspend access to paid features upon non-payment without further notice.

HelperLinked reserves the right to immediately suspend, restrict, or terminate your access to the Platform, with or without prior notice, where: (a) you breach any provision of these Terms; (b) we reasonably suspect fraudulent, abusive, or unlawful activity; (c) you upload data without proper consent or in violation of the PDPO; (d) we receive a valid legal order or regulatory direction; (e) you circumvent or attempt to circumvent the Platform in breach of Clause 4.2; or (f) we determine in our sole discretion that your use is harmful to the Platform, other users, or third parties.

Upon termination, your right to access the Platform ceases immediately. Your data will be retained for 30 days following termination, after which it will be permanently deleted. HelperLinked is not liable for any loss of data, business, or revenue arising from suspension or termination. Provisions of these Terms that by their nature should survive termination — including Clauses 4.2, 4.3, 9, 10, 11, and 13 — shall continue to apply after termination.

You may cancel your account at any time by contacting us at helperlinkedteam@gmail.com. Cancellation does not affect any obligation that has accrued prior to the date of cancellation, including any circumvention fee owing under Clause 4.3.

HelperLinked does not warrant that the Platform will be uninterrupted, error-free, secure, or available at any particular time. The Platform is under active development and features may be incomplete, subject to change, or temporarily unavailable without notice. Any uptime figures or availability targets communicated by HelperLinked are aspirational only and do not constitute a service level agreement, contractual commitment, or guarantee of any kind.

HelperLinked does not verify, authenticate, or validate any helper profile, document, credential, or information uploaded to the Platform by any user. All profile information is provided by the uploading Agency and is presented as-is. Users are solely responsible for conducting their own due diligence before acting on any information obtained through the Platform.

Nothing on the Platform constitutes legal, immigration, employment, financial, tax, or professional advice of any kind. You should obtain independent professional advice before relying on any output, template, checklist, or content provided by the Platform.

Without limiting the foregoing, HelperLinked shall not be liable for:

• Employment or Placement Disputes: Any dispute, claim, loss, or liability arising between a helper, employer, or agency in connection with any placement, employment contract, or domestic helper arrangement, whether or not facilitated through the Platform.
• Regulatory Decisions: Any refusal, delay, revocation, or adverse decision by the Immigration Department, Labour Department, or any other regulatory authority in relation to any application, visa, permit, or contract managed through the Platform.
• Data Inaccuracy: Any loss or damage arising from inaccurate, incomplete, false, or outdated information uploaded by any user to the Platform.
• Data Loss: Any loss, corruption, or unavailability of data stored on the Platform, howsoever caused, including server failure, cyberattack, or third-party acts. You are solely responsible for maintaining independent backups.
• Business Loss: Any loss of revenue, profit, contracts, anticipated savings, goodwill, or business opportunity, whether direct or indirect.
• Consequential Damage: Any indirect, special, incidental, punitive, or consequential loss or damage of any nature.
• Third-Party Conduct: Any act or omission of any helper, agency, employer, training school, or other third party connected through the Platform.
• Force Majeure: Any delay or failure caused by circumstances beyond our reasonable control, including acts of God, pandemic, war, civil unrest, government action, telecommunications failure, or internet outage.

HelperLinked's total aggregate liability to you for all claims arising out of these Terms or the Platform shall not exceed the greater of: (a) the total fees actually paid by you to HelperLinked in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) HK$1,000.

Nothing in these Terms excludes or limits liability for: (i) fraud or fraudulent misrepresentation; (ii) death or personal injury caused by our negligence; or (iii) any other liability that cannot lawfully be excluded under applicable Hong Kong law.

All intellectual property rights in the Platform — including its software, design, trademarks, content, workflows, and documentation — vest in and remain the property of Phoenyx Capital Limited. These Terms do not transfer any intellectual property right to you. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your internal business purposes in accordance with these Terms.

You retain ownership of all data and content you upload to the Platform. By uploading content, you grant HelperLinked a worldwide, royalty-free, non-exclusive licence to host, store, process, and display such content solely as necessary to provide the Platform's services. This licence terminates upon account deletion, subject to data retention obligations.

These Terms are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws principles.

Any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or any related matter shall be subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region. You irrevocably submit to the personal and exclusive jurisdiction of such courts.

Any claim arising out of or related to these Terms or the Platform must be commenced within twelve (12) months of the date on which the cause of action accrued. Claims not commenced within this period are permanently time-barred.