For users of DoLA Platforms and ordering system:
EFFECTIVE DATE: 01/04/2021 LAST UPDATED: 01/04/2021
It is your responsibility to review this ToU periodically, and we may revise these Terms at any time without notice to you. Please check this page to view the then-current ToU regularly. If you refuse to accept this ToU or any relevant statements, please do not use our Website or Platform.
For any inquiries about this ToU, please contact us at: info@DoLA.com.
1. About Us
Dola Technology Limited, its parents and its subsidiaries ("DoLA" or "we" or "us" or "our") solely occupy and run websites, located at www.dolatechnology.com, www.DoLApos.com, and DoLA mobile Apps (collectively, refer to as the "Platforms").
2. The Platforms
Through the Platforms, DoLA links you to the participating restaurants (the "Restaurant" or "Restaurants" or “Eateries”) for you to place orders for a variety of food and beverages, and miscellaneous non-food items. When you place an order (“Order”) to our Restaurants, DoLA acts as an agent and an independent third-party marketplace on behalf of that Restaurant to facilitate, process and conclude the order and DoLA is a provider of such order placement services only. Neither DoLA, nor the Platforms is responsible for any issues related to any products sold, and does not sell or control the Eateries or the production of any products or services produced at or provided by the Eateries.
The Restaurants have formally signed agreements with DoLA to strictly comply with all governing laws, regulations, standards and rules regarding food and non-food preparation, safety, marketing and ultimately sales. Nonetheless, DoLA or DoLA Platforms does not in any possible ways authenticate whether These Restaurants are following all correlated laws, standards and rules, the quality or any information of relative ingredients or the quality of any of their products or services.
You should contact the Restaurant directly regarding the information of products and/or services provided by the Restaurant on DoLA Platform, or through other ways or means that you think appropriate, to ultimately reach the goal that is to ensure the quality and reliability of the Restaurant and whether the Restaurant is compliance with all applicable laws, standards and rules. DoLA or DoLA Platform does not in any way guarantee the quality or any information of products or services correct or make any representation of any restaurant or any food and beverage, or assure its conformity with all applicable laws, standards and rules. Moreover, Restaurants may nominate their own certain measures or standards or procedures regarding their food preparation, working procedure, ways to comply with certain requirements, DoLA or DoLA Platform will not inspect or scrutinize the accuracy of any of these standards, and DoLA or DoLA platform will not be liable for any products, services, food and beverage or any other things, any errors, mistakes or misrepresentations (including any information posted on the DoLA Platform) produced by Restaurants.
If you have any concerns, thoughts, opinions, disclosures about the products, services, experiences related to Restaurants on DoLA Platform, Besides to contacting the Restaurants, we definitely encourage you to talk to us through any ways possible, including emailing us at: firstname.lastname@example.org to share with us your valuable opinions, thoughts, and suggestions or concerns about the Restaurant you care.
3. The Use of the Platform and Your Account
Before using DoLA Platform or any DoLA Services, you are required to register an account. When you register your account, you will be required to provide your personal information, including but not limited to your name, email address, phone number, physical address, gender, photo, password or other secure login mechanisms, and you may also be required to provide corresponding payment information.
It is your obligation to keep your password or other confidential information, personal information or other secure login methods private to prevent other people from accessing your account or steal any of your personal information. You will be liable for and pay for any orders placed through your account. And DoLA or DoLA Platform will NOT be responsible for any losses you may suffer. If you find any account attack or any suspicious activities regarding your account or any activities that are not authorized by you, we strongly encourage you to contact us immediately by email to minimize any kind of loss and for your own account safety.
Regarding account closing, you can ask to permanently or temporarily close your account by email. Upon your request, we will suspend your access to your account permanently or temporarily. We will also permanently or temporarily suspend or close your account if we find any suspicious activities regarding your account or when your account has been accessed or attacked by an unauthorized party or that your account is involved in any activity or conduct in any kind of violations of any terms.
4. Acceptable Use
You agree that your use of the DoLA Platforms is subject to all applicable laws and regulations.
You also agree:
To follow and obey any application laws, regulations, standards and rules, regarding all online behavior and acceptable information posted and shared;
Not to execute or commit any crime or invasion activities through DoLA or DoLA Platform, including but not limit to pornography, any types of copyright violation, patent violation, gambling, fraud, spamming, harassment, tracking, or stealing any types of property such as trade secrets;
Not to practice any activities on DoLA Platform or propose any content or information to the DoLA Platform with the condition that you are under the age of 18;
Not to approach DoLA Platform by operating a third-party's registration or account or both without the explicit approval or permission of the account holder;
Not to use the DoLA Platform to employ in any business activities, relating or not relating to any kind of benefits, except for the use of the service with the approval of DoLA or DoLA Platform;
Not to involve in any system retrieval content, including but not limited to Restaurant menus, user information and third-party text and image reviews, for the purpose of performing unauthorized print or online repost;
Not to conceive or publish any reviews or posts regarding Restaurants or foods for any economic or commercial or monetary purpose or intent that is inconsistent with the purpose or spirit;
Not to impede any people or entities to use and enjoy DoLA Platform;
Not to make effort to expand unauthorized access to the DoLA Platform or other systems from or through DoLA Platform;
Not to impede, disturb or destroy DoLA Platform or the network or other services related to DoLA Platform, or cause any undue problems, issues or burdens;
Not to upload or spread virus or any harmful, devastating files related to any other computer system, software system or any cooperative business properties; and/or
Not to breach the security of accounts, passwords, system resources, system servers or networks and network connections, or attached and not visited by DoLA Platform or links.
5. Age-restricted Goods
Age-restricted goods (including, without limitation, alcohol, tobacco and cigarettes) only be sold to persons of legal age depending on the applicable laws of the country you purchase the goods from. By placing an order for age-restricted goods, you must ensure that you and the recipient of the goods are at the legal age depending on your local law. You may be asked to ask for a valid proof of age (e.g. ID card) at the time of delivery. If you cannot meet this requirement, you should not place orders for any age-restricted goods. Should any restricted goods be refused at the time of delivery, NEITHER DoLA NOR DoLA Platform and our cooperating Restaurant will issue any refunds (whether in whole or in part) to you, and you will still be charged for the relevant Item(s) and any charges associated.
When you place an order to any partnered food and beverage businesses through DoLA Platform, the order (“Order”) must be accepted by both DoLA or DoLA Platform and the correlating business for the purpose of confirmation. Some Restaurants may set a minimum order amount requirement, known as Minimum Order Value(“MOV”), so your Order must meet the MOV requirement in order to successfully confirm the Order in such Restaurants. After the order is established, we will inform you by order status updates, communication messages and/or Emails, and then you will be liable for all the costs correlated with such Order you placed, including but not limited to any applicable food costs, delivery charges and taxes (such as sales tax, service tax, and etc.).
You can provide some exclusive demands or specifications regarding special preparations of your order and/or allergy related information in your order to help the Restaurant better understand your preferences and special requirements, so as to avoid problems. The Restaurant will try its best to meet your requirements, Nonetheless, neither DoLA or DoLA Platform nor the Restaurant can promise that your Order will be prepared according to your special requirements or free of allergens. If you insist that your Order has to follow your specific requirements, you need to ask the Restaurant to make special arrangements according to your requirements or follow your order procedure, therefore, please contact the Restaurant before placing an Order and ensure that you and the Restaurant reach an agreement. DoLA or DoLA Platform and the Restaurant are not liable for any non-compliance or allergic reactions that customers suffer.
If there are any order issues, such as delivery issues, are caused by incomplete, missing or incorrect information provided by you, DoLA or DoLA PLatform and Restaurant will not take any responsibilities, and Restaurant reserved the right to NOT refund any costs you paid. The Restaurant will decide whether to handle this order in any proper manner, depending on the specific case situation. You are obligated to submit utter, authentic and true information so that the Restaurant and Dola or DoLA Platform can handle the order correctly and timely, and provide you with the best service we can do. Your information includes but is not limited to your address and contact information, so as to ensure that you can receive the order at the desired time and in ideal quality.
If you need to pick up the order, please perform it at the designated time to secure the freshness and integrity of the food. Restaurant and DoLA or DoLA Platform are not liable for any quality issues caused by late collection.
7. Prices and Payments
Prices published on the Platform are displayed in the applicable country’s local currency. And prices and offers published on the Platforms are set by the Restaurants and may vary from the prices and you accept that offers offered by the Restaurants (either at their brick-and-mortar outlets, websites, or mobile applications). These prices and offers may change at any time without notice.
DoLA and Restaurants are not responsible for any failure of Orders or refusal of Orders if the Order is placed when there are changes in prices or discontinuation of offers. The way we display the prices may also vary depending on your region and the Restaurant that you select, and the prices published on our Platforms may include or exclude relevant taxes (e.g. GST, sales tax, VAT, etc.). A breakdown of the prices, and additional charges are displayed on the Checkout page. When you place an Order, you agree to pay all amounts, additional charges and the final ‘Total’ amount displayed.
Depending on your area and the restaurant you choose, you can use different payment methods at checkout. DoLA reserves the right to offer additional payment methods and/or remove existing payment methods at any time at its sole discretion. If you decide to process your payment by self online pay, such as Alipay, WeChat Pay, or Apple Pay, the payment procedures will be handled by our cooperating third party payment service provider. With your permission, your credit card / other payment information will be stored with our third party payment service provider(s) for future orders. DoLA does not store your credit card or payment information. To fulfil the payment of an Order, you must make sure that you have sufficient funds on your credit card or the payment method you select.
8. Cancellation and Refund
Once you have placed an Order, it is no longer possible to cancel your Order from the Platform. Please contact the Restaurant that you select immediately If you still wish to cancel your Order. DoLA is not responsible for any loss and damage caused by the cancellation of the Order. You may negotiate with the restaurant for a full refund if your Order is cancelled by the Restaurant after it has been placed and DoLA shall not be held liable to participate in such negotiation. For Orders cancelled by you, you understand that there may be no refunds (whether in whole or in part) that will be issued depending on the result that you negotiate with the Restaurant.
You fully understand and claim that any issues relating to orders made through DoLA or DoLA Platform or related Platforms and the goods and services or other forms of products provided by the Restaurant are limited between you and the Restaurant. DoLA or DoLA Platform does not assume any responsibility for any disputes and arguments related to this. You with these means discharge DoLA, its subsidiaries, parent company and all employees, service providers, agents, and all other related individuals and entities from all responsibilities for all claims, requests and costs (actual or current and substantial or consequential) of any type or nature, doubtful or undoubtful, known or unknown, divulged or undivulged, or emerging from out or in connection with such dispute. When you have any economic or non-economic disputes with the Restaurant and all other types of disputes, we strongly encourage you to discuss and negotiate with the Restaurant directly to solve the problem.
DoLA or DoLA Platform grants users to interact with others by exploring the information displayed on the Platform and publishing their own comments and thoughts. You are fully liable for participating in, using and publishing the content of the interactive part of the Platform (such participation, use and/or publishing will be counted as your “Contribution”) and any damage or issues caused thereby. When you construct or provide a Contribution, you hereby declare and pledge that:
Any actions of you, including but not limited to invention, transference, allocation, circulation, public performance and display, access, download and reproduction, will not breach any others’ exclusive rights, including but not limited to the copyright, trademark, patent, moral right or trade secret of any third party;
You are the author and owner of the content or Property you shared or posted on DoLA Platform, and you have the privilege, rights, distributions, and licenses required to use and license to DoLA or DoLA Platform and all its uses. You authorize under these Terms in order to use your Contributions to exercise the licenses;
Your Contribution (under all circumstances, at DoLA’s sole discretion) does not involve any obscenity, violence, obscenity, harassment or other objectionable or defamatory, does not encourage any form of violence, does not provoke, encourage or imperil others to case direct or indirect personal physical injury or any other kinds of damage including mental injury, and does not violate any relevant laws, rules and regulations, and does not infringe the privacy or commercial rights of any third party;
Your Contribution does not include, aggregate, install or try to install or advocate any malicious code, spyware, virus, worm, malware or any other form of computer code or injurious or devastating contents. Whether on any kinds of devices of DoLA related devices or others, including any computer code constructed to enable you or others to collect information about or audit the activities of another party;
Your Contribution does not hinder the communication or other traffic of DoLA Platform, indicating that your intention of your actions does not seriously match what DoLA or DoLA Platform endeavor to bring to the public;
Your Contribution does not breach or hook up to other Materials that breach these Terms or any arrangements of any suitable laws, rules, regulations or any other associated statements; and
Your Contribution does not incorporate any oversized data, pictures, video and/or audio files. The size, rationality and applicability of the files will be determined by DoLA or DoLA Platform without notice according to the corresponding standards.
By reporting Contribution, you spontaneously permit, and you represent and authorize that you have the authority to grant to DoLA or DoLA Platform a permanent, continuous, non-exclusive, interchangeable, royalty-free, fully-paid, multinational license to use, reproduce, perform in public, display in public, reformat, convert, excerpt (in part or in whole) for any determination (commercial, advertising, marketing or any others), and allocate such Contributions, on or in connection with DoLA Platform or its promotions, and arrange subordinate works of such Contributions, or consolidate them into other purposes or works, and to authorize sublicense of all the above contents.
DoLA or DoLA Platform has the absolute right, in its exclusive and unconditional discretion in any case, to (a) reclassify any Contribution, including text, pictures and any other form of Contribution, arrange them in a more appropriate position, and does not guarantee to inform the author of the Contribution before operation, (b) edit, revise or otherwise modify any Contribution, and may not notify the author of the Contribution or (c) pre-evaluate or delete any Contribution if, in accordance with the provision of DoLA or DoLA Platform. It is determined that such Contribution is inappropriate or otherwise in violation of these provisions of DoLA or Dola Platform.
DoLA or DoLA Platform may, at its sole discretion, admit, deny, or delete any Contribution, including comments of a Restaurant, but DoLA or DoLA Platform has no responsibility to scrutinize or delete a Contribution, even if one is considered deplorable or imprecise. If you post a comment in any places related to the Restaurant, your comment must meet the criteria below: (a) It is required for you to possess first-hand incident or experience of the Restaurant, that is, this experience must be your own personal experience; (b) you will not make any judgements about the authority or validity of the Restaurant's products and/or services; (c) you have no relationship with the Restaurant competitors, nor in any kind of affairs regarding any unjustifiable competitions with the Restaurants; and (d) your comments is subject to other depictions, certifications, deeds and other agreements in this section. This view does not represent the view of DoLA or DoLA Platform or any of subsidiaries or partners, even if it is not accepted by DoLA or DoLA Platform. DoLA or DoLA Platform shall not be liable for any reviews or comments or arguments for any claims, responsibilities or loss resulting from any reviews or comments.
12. Intellectual Property Rights
All trademarks, images, logos, and service marks involved in the DoLA Platform, including the Terms (simultaneously referred to as “Marks”) disclosed in the DoLA Platform, partnered Platform and any individuals related to DoLA or DoLA Platform, all other Platforms owned by either groups, companies or all others, whether registered or unregistered, and all Materials contained in the Platform (including but not limited to all source code, functionality, software, design, website, database, text, audio, video, photos and graphics, jointly referred to as “Content”) are the intellectual property of DoLA and/or the relative third party partners. And these third parties have granted us copyright licenses and enjoy copyright and other intellectual property rights in accordance with local applicable laws and international codes. You are prohibited to use, copy, steal, redistribute, upload, exchange, disseminate, post or modify these marks or any Materials in any way without our or prior our written authorization. It is strictly forbidden to use the logo or any Materials of DoLA or DoLA Platform and any information related to DoLA or DoLA Platform on any other websites or other places without our written approval. DoLA will actively implement and defend its intellectual property rights with the maximum scope of relevant laws in all countries and regions, including criminal execution, civil execution, moral condemnation and any other forms of behavior that we consider appropriate. DoLA or DoLA Platform does not pledge or explicitly give any instructions that your use of the Materials demonstrated on any DoLA related Platforms will not breach the rights of any third parties not owned by DoLA or DoLA Platform or its partners or subsidiaries. The risk or any costs or losses of spreading any unauthorized Materials on all DoLA related Platforms including but not limited to copying to others Platforms and using any Materials in any other ways is borne by you. You are hereby granted a limited, non-transferable, non-exclusive license to access and use the DoLA Platform for personal and non-commercial purposes only to the extent that you fully unify all the Materials of these Terms, comply with these Terms and other prohibitions of these Terms; the license authorized herein does not include any resale, plagiarism, sharing or any commercial or economic use of the platform or the Material use. If you download or print copies of the Materials for personal use only under the limited license authorized herein, you ought promise that all copyright and other custody proclamations enclosed therein will be retained. You acknowledge to incapacitate, not mislead or in any other ways hamper with the security related functions of the DoLA Platform or copy any Material, or diminish or impede the use of forcibly restrict the use of any function of the DoLA Platform or its Materials.
13. Term and Termination
These Terms should endure in full force and authority and significance when you use DoLA or DoLA Platform and any other Platforms related to DoLA. You may cease your use of or presence in all products and services related to DoLA or DoLA Platform at any time and under any circumstances for any reason, by directly terminating your use of DoLA or DoLA partners’ products and services, or by informing DoLA directly by email or any other communication methods.
Without restricting the content of these Terms and any other relevant arrangements, DoLA or DoLA Platform and its business partners reserve the absolute autonomous rights to reject any access from anyone to and share the DoLA Platform, without informing anyone in advance or any responsibilities. The reasons include but are not limited to violating any Materials or rules from such Terms, statements, agreements or commitments or any applicable laws or regulations in any country or region, and DoLA or DoLA Platform may, but shall not be obligated to, warn you about the deletion of your account, personal information, personal data, Contributions or any other Content or information you posted or shared or published at any time before you terminate using or participating in the Platform.
Any arrangements or statements of this Term which, for the purpose of achieving the goal of these articles, is required to continue in force even after the termination or expiration of these articles shall be considered to continue in force for the time required to achieve these targets.
You claim to compensate, preserve and protect the directors, executives, employees, agents and all other staff of DoLA and its subsidiaries and business partners from any infringement of intellectual property rights or other rights of any person or entity related to DoLA or DoLA Platform due to your use of or in connection with DoLA Platform, violation of this clause or submission of any documents or Contributions.
15. Disclaimer of Warranties
You concede to voluntarily use the DoLA Platform or any products and services related to it, and any of the risk by performing that shall be borne by you. To the maximum extent permitted by the laws, rules, and standards of any countries or regions, DoLA or DoLA Platform, its parent company, directors, all employees, service providers, subsidiaries and agents abandon all express or implied warranty relating to the Platform and its use, including but not limited to the implied warranty of merchantability for a specific goal. DoLA or DoLA Platform makes no claim or depiction as to the certainty or fullness of the Platform, its Materials or lined Materials, including but not limited to:
Mistakes, typos, unproven contents, or inaccuracies of any Materials or contents that disagree by some of the people;
Personal physical damage, mental damage, property loss or any other form of economic loss of any nature, caused by your access and use of DoLA or DoLA Platform or any other related Platforms;
Use DoLA secure server and/or any individual and/or financial information stored therein without the authorization or written consent of DoLA or DoLA Platform;
Any blackout or bleach or stop transmission from or to DoLA Platform or any other related Platforms;
Any vulnerability, virus or any other types of damageable virus that any third party may transmit to or through DoLA Platform or any other related Platforms, and/or;
Any flaw, oversights or incompleteness in any Materials, documents, and/or any Contributions, or any kind of failure, damage, loss, disputes and/or misunderstanding caused by using any products, services or Materials released, transmitted or provided by any other mean through the DoLA Platform or any other related Platforms. DoLA or DoLA Platform does not guarantee or presume any liability for any products and services in the Platform or any linked sites or any in any streamer or other advertisement. DoLA or DoLA Platform will not participate in or in any way be liable for overseeing or auditing any transaction or action between you and the service and product provider or issuer. It is just the same as you purchase a product or service through any intermediates or in any environment or under any circumstances, you should apply your best experiences, knowledge and intelligences and exercise extra caution where you think it’s appropriate and necessary.
16. Limitation of Liability
To the fullest extent permitted by law, DoLA (which shall include its employees, directors, agents, representatives, affiliates) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, Services, or any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. DoLA, its parent, agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if DoLA, its parent, agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. DoLA is not responsible for any loss or deterioration to your computer or other electronic equipments or other property, such as virus infection or any other form of loss, caused by your access, use, browning, contributing, sharing or downloading and uploading of any information or Material on the DoLA Platform or related Platforms and any Contribution of other people or cooperated entities. Because the legal jurisdiction of some countries or regions does not permit the prohibition or restraint of obligation for indirect or incidental damages, in such jurisdictions, DoLA, its parent, agents, representatives and service providers' liability shall be limited to the extent permitted by law.. In no event shall DoLA's total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, exceed the amount paid by you to DoLA or a Restaurant affiliate, if any.
The categories titles in these Terms are for easy understanding and your own convenience, which means have no lawful or contractual purposes. If any provision of these ToU is found to be invalid by the Court of Hong Kong, the invalidity of such provision shall not affect the validity of the remaining provisions of this ToU, which shall remain in full force and effect. No waiver of any provision in this ToU shall be deemed a further or continuing waiver of such provision or any other provision.
All rules, introductions, provisions or Terms stated herein are valid to the maximum extent permitted by the relevant laws of all countries and regions. You are prohibited to transfer these Terms and your account for any purpose or in any way except with the express written consent of DoLA or DoLA Platform. DoLA may assign any or all of its rights and obligations to others at any time. DoLA shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond DoLA's reasonable control.
18. Governing Law and Language
You admit that you have read, understand and admit that this ToU is regulated by and composed conforming to the all the relevant laws of Hong Kong. In addition, you further accept that the Courts of Hong Kong will have exclusive jurisdiction over any dispute or claim arising out of or in connection with the use of the Platform or this ToU. This ToU may display on DoLA or DoLA Platforms and/or Websites in other versions and languages. In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.
If you have any questions, comments, concerns, and suggestions, we strongly encourage you to contact us at:
Dola Technology Limited
For users of DoLA Connect:
Last updated: Apr 26, 2023
Please read this User Agreement ("Agreement") carefully before using the "DoLA Connect" mobile application ("App") operated by Dola Technology Limited ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the App.
By downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, you must not download, install, or use the App.
Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a mobile device that you own or control for your commercial use in connection with your restaurant business.
2. User Accounts
You may use your existing "DoLA POS" login credentials to access the App. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account.
You agree not to: a. Modify, alter, or create derivative works of the App. b. Copy, reproduce, distribute, or publicly display the App. c. Reverse-engineer, decompile, or disassemble the App. d. Remove, disable, or circumvent any security features or restrictions of the App. e. Use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party's use of the App.
4. Push Notifications
By using the App, you agree to receive push notifications related to your restaurant business, such as staff refund notifications, clock in/out alerts, and other relevant information. You can manage your push notification preferences in the App settings.
5. Data Collection and Privacy
We may, in our sole discretion, terminate your access to the App and your user account, without prior notice or liability, for any reason, including but not limited to your breach of this Agreement.
7. Disclaimer of Warranties
The App is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. Limitation of Liability
In no event shall we, our affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; (iii) any content obtained from the App; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
You agree to defend, indemnify, and hold harmless us, our affiliates, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) your use of and access to the App; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party rights, including but not limited to any copyright, trademark, or privacy rights; or (iv) any claim that your use of the App caused damage to a third party.
10. Governing Law and Dispute Resolution
This Agreement shall be governed and construed in accordance with the laws of Hong Kong SAR, without regard to its conflict of law provisions. Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration in accordance with the rules of Hong Kong SAR then in effect.
11. Changes to this Agreement
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the App.
12. Contact Information
If you have any questions about this Agreement, please contact us at email@example.com.
In the event of any discrepancies between the Chinese and English versions of this Agreement, the English version shall prevail.