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B2LUNCH LIMITED ("Company") & b2lunch ("Mobile Application")
Terms of service ("TOS")
Last updated on September 7th, 2016.
B2LUNCH LIMITED (the "Company") provides its services through b2lunch (the "Mobile Application") to Customers according to the following Terms of Service ("TOS").
If you have any request about the Mobile Application or these TOS, you can contact us by any of the means set out in the following paragraph of these Terms. If you do not agree to this TOS, then you should stop using the Mobile Application immediately.
Some links to third parties not controlled by the Company may be contain in Customers information. The Company assumes no responsibility for content, privacy policies and practices of these third parties not controlled by the Company. The Company shall not be responsible for any damages or claims related to Customers" use of other third parties" services.
Customer will pay all fees due for Services according to the prices and terms listed in the Service Orders. The prices listed in the Service Orders will remain firm during the Initial Term indicated in the Service Orders. At any time after the Initial Term, the Company may change any of the fees it charges Customer for any Service.
Except as otherwise indicated on a Service Order, on the service activation date for each Service, the Company shall bill Customer for all non-recurring and set-up fees indicated in the Service Order. The Customer will be billed on the subscription day for all the months agreed on which the service will be activated. The Company shall invoice Customer for the monthly minimum service charges for all subsequent months agreed on which such Services are to be provided. All other fees for Services received and expenses incurred for Services during a month (e.g., excess usage fees) will be invoiced on or about the first day of the month following the month in which the Services were provided. Payment shall be made by Customer to the Company instantly or net 30 days for Corporates from invoice date, via the selected payment method. Interest shall accrue on any delinquent amounts owed by and one half (1,5%) per month or ii) the maximum legal interest rate chargeable per month. The Company may, at any time, modify the payment terms or require a deposit or other acceptable form of security if it reasonably deems that Customer"s ability to pay is in doubt.
Neither party transfers to the other party any technology, software or other intellectual property rights, and all right, title and interest in and to such technology, software, or other intellectual property rights remains the sole property of the respective owner. Customer acknowledges that the Company"s Technology, including related trade secrets, marks and copyrights, and all intellectual property rights therein and thereto are, and shall remain, the sole and exclusive property of the Company as owner or licensee, and Customer is only receiving a limited right to use the Services. The Company shall own all modifications and derivative works, including any rights and intellectual property rights related thereto to the Company"s Technology and Services made by Company, regardless if any such modifications or derivative works were created for Customer pursuant to any Service Order provided hereunder, unless otherwise agreed in advance by written consent of the parties. This TOS, including the fact of its existence, all business terms of the Service Order and other documentation provided to Customer under this Service Order is confidential and proprietary to the Company ("Confidential Information"), and Customer agrees not to divulge any of the Confidential Information to third parties or make any usage of it other than as intended by Company. Company at its sole discretion may use the Customer name and logo on its website and print media for public relation and marketing purpose.
The Company Service allows its Customers to submit status text and other communications as well as Customers" LinkedIn public information or Corporate information. These Status Submissions may be hosted, shared, published and visible to other Customers of the Mobile Application as part as the Company Service. Customers retain their ownership rights in their Status Submissions and understand that whether or not such Status Submissions are published, the Company cannot guarantee any confidentiality about these submissions. Indeed, Customers shall be solely responsible for their status submissions and the consequences of their publication. The Company is not responsible for these status submissions.
Moreover, Customers warrant that they have the rights, written consent or permission to use information (such as the name or likeness of identifiable individual) provided in their status submissions. By submitting the status submission to the Company, Customer grant to Company and other Customers the permission to use, reproduce, access and display of status submissions through the Company services. The permission granted terminates when the status submission is removed from the Company services by the Customer.
Customers agree that they would not submit i) impersonate another person; ii) publish falsehoods or misrepresentations that could damage a third party or the Company; iii) submit any material that is unlawful, defamatory, obscene, hateful, racially or ethnically offensive or encourage such any criminal offenses, any law violation or any inappropriate actions; iv) send materials with software viruses or other harmful programs; v) attempt to obtain unauthorized access to the Company services or related networks.
The Customer shall indemnify and hold harmless the Company from and against claims, actions, expenses (including attorney"s fees) or damages arising from Customer use and access to the Company services, or due to Customer failure to comply this Agreement or any law. Company shall have no liability for any infringement of patents, copyright and other intellectual property rights resulting from Customer content, misuse of the Services, or to the extent claims arise from products and services of other third parties.
THE COMPANY WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES " EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY"S LIABILITY ARISING OUT OF THIS AGREEMENT, WHETER IN CONTRACT, TORT, OR OTHERWISE, EXCEED 100% OF THE MAXIMUM CUMULATIVE AMOUNT PAYBLE BY CUSTOMER FOR COMPANY"S SERVICES PURSUANT TO SERVICE ORDERS HEREUNDER.
a) The Initial Term of a Service Order shall be as indicated on the applicable Service Order to which the TOS is attached. Thereafter, unless Customer provides approbation for additional periods of subscription, the subscription will terminate at the end of the Initial Term. "
b) In the event of early termination of the Service Order by Customer for default or any other reason, Customer"s payment for the Service will not be refunded by the Company.
c) Either party may terminate the Service Order at any time by sending a request to the Company (whose contact details are in a section below).
d) Furthermore, should Customer fail to pay any fee in a timely manner, Company will be entitled to suspend its Services under all applicable Service Orders.
e) Company"s failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, governmental restrictions, power failures, or damage or destruction of any network facilities or servers (a "force majeure event"), shall not be deemed a breach of this Agreement. In the event that Company is not able to provide Services during a force majeure event, during this period Customer"s obligation to pay for the Services shall be suspended.
CUSTOMER ACKNOWLEDGES THAT THE SERVICES PROVIDED BY THE COMPANY ARE PROVIDED ON AN "AS IS" BASIS AND THAT, NOTWITHSTANDING ANY OTHER ORAL OR WRITTEN COMMUNICATIONS WITH COMPANY ABOUT OR IN CONNECTION WITH ANY SUCH SERVICES, COMPANY MAKES NO WARRANTIES, WETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERRUPTION OR AVAILABILITY OF THER SERVICES, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
a) All notices or other communications required or permitted to be given hereunder shall be in writing and shall be deemed given when delivered in person, when received by mail, postage prepaid, registered or certified mail, return receipt requested, or when received by an internationally recognized courier service, and proof of delivery received by the noticing Party. All notices to Company and notices to Customer shall be sent to B2LUNCH LIMITED - Office 19D, WHG, 3 Man Wan Road, Homantin, Kowloon, Hong Kong. Some request can also be sent via email at email@example.com
b) This Agreement shall be governed by and construed and interpreted in accordance with the laws of Hong Kong without regard to conflicts of law principles. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be restated to reflect as nearly as possible the original intent of the Parties and the remainder of the provisions shall remain in full force and effect.
c) The Parties agree that any and all disputes arising out of or relating to this Agreement that are not resolved by their mutual agreement shall be initiated only and exclusively before the courts of Hong Kong with Hong Kong substantive and procedural laws prevailing (except those that pertain to conflict of laws).
d) If any legal action is necessary to enforce the terms of the Agreement, the substantially prevailing party shall be entitled to reasonable legal fees and costs.
e) Customer acknowledges that the Company, its affiliates, and third party providers own and retain all trademarks, service marks, trade names, logos, designations, copyrights and other proprietary rights in or associated with the Company, its affiliates and their third party providers, respectively, as applicable, and agrees that it will not at any time during or after the Term assert or claim any interest in such proprietary rights or do anything that may adversely affect Company, its affiliates, or the third party providers (including, without limitation, any act or assistance to act which may infringe or lead to the infringement of any of the proprietary rights of the Company, its affiliates or the third party providers).
f) The Company shall have the right to assign this Agreement or any rights or obligations hereunder and shall give notice of such assignment to Customer. Customer shall not have the right to assign this Agreement or any rights or obligations hereunder, without Company"s prior written consent, except: (a) to any Affiliate, or (b) any successor in interest whether by merger, reorganization or otherwise. An "Affiliate" means any entity directly or indirectly controlling, controlled by or under common control with Customer.
g) No failure to pursue any remedy resulting from a breach of this Agreement by the non-breaching Party shall be construed as a waiver of that breach by the non-breaching Party or as a waiver of any subsequent or other breach unless such waiver is in writing and signed by the non-breaching Party.
h) The provisions contained in Sections 4 (only to the extent that a payment obligation arising during the term of the Agreement has not been fully paid on or before termination of the Agreement), 6, 8 and 10 shall continue in force notwithstanding the termination of this Agreement.
i) Neither the course of conduct between the Parties nor trade practice shall act to modify any provision hereunder. The terms and conditions of the Agreement, including all attachments thereto, shall prevail notwithstanding any conflicting terms and conditions of any order form or other form for order solicitation submitted by Customer to the Company. This Agreement and any addenda or order forms accepted hereunder constitute one and the same legally binding instrument and the entire agreement between Customer and the Company, and supersede all prior oral or written agreements between the Parties with respect to the matters provided for herein. Unless otherwise provided in this Agreement, no modification, amendment or other change may be made to this Agreement or any part thereof unless reduced to writing and executed by authorized representatives of both Parties.
j) The parties agree that, to the extent permitted by law, the United Nations Convention on the International Sale of Goods, or similar consumer protection legislation worldwide, do not apply in any respect to the Agreement.
k) This Agreement does not create an employer-employee relationship between Company and Customer, or any agency, joint venture or partnership. Customer shall have no authority to act for or to bind Company in any way, including to warrant or to execute agreements on behalf of Company or to represent that Company is in any way responsible for the acts or omissions of Customer. Customer and Company shall be independent contractors only.
B2LUNCH LIMITED (« Company ») & b2lunch (« Mobile Application »)
Last updated on September 7th, 2016.
This Application collects some Personal Data from its Users.
B2LUNCH LIMITED - Office 19D, WHG, 3 Man Wan Road, Homantin, Kowloon, Hong Kong
While using this Mobile Application, the Personal Data may be freely provided by the User, or collected automatically by this Mobile Application or through third parties.
Among the types of Personal Data that this Mobile Application collects, there are geographic position/ location-based interactions and some personally identifiable information including, but not limited to, the User name. These Data may be asked in order to contact or identify the User (such as for registration and authentication), and then processed to perform the Mobile Application functionalities.
Failure to provide certain Personal Data may make it impossible for this Mobile Application to provide its services.
Users are responsible for any Personal Data of third parties obtained, published or shared through this Mobile Application and confirm that they have the third party's consent to provide the Data to the Owner.
Before or at the time of collecting Users Data, the Owner will identify the purposes for which information is being collected. The Owner will collect and use of personal information solely with the objective of fulfilling those purposes and for other compatible purposes, unless the Owner obtains the consent of the individual concerned or as required by law.
The Data concerning the User is collected in order to allow the Owner provide, operate, maintain, and improve all the services performing by the Mobile Application such as, but not limited to, developing functionalities or analyzing User preferences.
The User may receive push notifications as part of the Mobile Application utilization, in order to provide its services. This Mobile Application may track Users by storing a unique identifier of their device, only for analytics purposes or for storing Users’ preferences.
Payment processing services enable this Mobile Application to process payments by credit card, bank transfer or other means. To ensure greater security, this Mobile Application shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction. Some of these payment services may also enable the sending of timed messages to the User, such as emails containing invoices or notifications concerning the payment.
Some functionalities for the development and fulfillment of the Mobile Application may be provided by Third Parties, such as registration and authentication service. In this case, this Mobile Application will be able to access some Data, stored by these third party services. Third Party may use the User information only to perform functions for the Owner and on the Owner behalf.
By registering or authenticating, Users allow this Mobile Application to
identify them and give them access to dedicated services. In this case, Third Party
services may store some Data which the Mobile Application will be able to
Various types of Data are collected by services provided by Third Parties. Please contact the Owner for further information.
Any content or Data voluntarily disclosed by the User on the Mobile Application becomes publicly available and may be used by other Users and Third parties.
The Data concerning the User will only be retained as long as necessary for the fulfillment of the Mobile Application services. The Owner will collect Users Data by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
Any use of tracking tools (such as log file information) by this Mobile Application or by the owners of third party services used by this Mobile Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.
The User's Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Mobile Application or the related services.
The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.
For operation and maintenance purposes, this Mobile Application and any third party services may collect files that record interaction with this Mobile Application (System Logs) or use for this purpose other Personal Data (such as IP Address).
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
This Mobile Application does not support “Do Not Track” requests.
To determine whether any of the third party services it uses honor the “Do Not Track” requests, please contact the Data Controller (see the contact information at the beginning of this document).
It is important for the Data Controller to maintain the security of the Users Data, but Users need to remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While the Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data, the Data Controller cannot guarantee absolute security of the User Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
Since payment processing services enable this Mobile Application to process payments by credit card, bank transfer or other means, to ensure greater security, this Mobile Application shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction. Some of these services may also enable the sending of timed messages to the User, such as emails containing invoices or notifications concerning the payment.
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.
The Data is processed at the Data Controller's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.
Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.
Information collected automatically from this Mobile Application (or third party services employed in this Mobile Application), which can include: the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, and the various time details per visit (e.g., the time spent on each page within the Mobile Application).
The individual using this Mobile Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refers.
The legal or natural person to whom the Personal Data refers.
The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Mobile Application. The Data Controller, unless otherwise specified, is the Owner of this Mobile Application.
The hardware or software tool by which the Personal Data of the User is collected.
Notice to European Users: this privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.