Terms of Use Agreement for Users

365 Technologies Holding Limited, its parents and its subsidiaries ("Eats365" or "we" or "us" or "our") own and operate websites, located at www.eats365.com, www.eats365pos.com and www.takeout365.com, and Mobile Apps, Eats365 User App, Eats365 Merchant App, Eats365 Delivery App, available at selected App Stores. Collectively, refer to as "Website" or "Eats365 Services".

Please read the following Terms of Use carefully before using Eats365 or any of the Websites and Services. For inquiries about our services, this Terms of Use or our Privacy policy, please contact us via email: [email protected] or phone: +852 2168 7368.

APPLICABILITY & ACCEPTANCE OF THESE TERMS OF USE
By viewing, using, accessing, browsing, or submitting any content or material on the Website or Eats365 Services, its users ("user" or "you") agree to these Terms of Use as a binding legal agreement between you and Eats365, without limitation or qualification.

If you are a minor under the age of 18, you must be under direct supervision of your parent or legal guardian to use the Website and Eats365 Services, and your parent or legal guardian must read and agree to these Terms of Use prior to your using the Website and Eats365 Services. Notwithstanding the foregoing, however, minors under the age of 16 are not allowed to register on the Website or use Eats365 Services.

If you do not agree to these Terms of Use, then you are prohibited from using the Website or Eats365 services. Eats365 reserves the right to modify these Terms of Use at any time without prior notice.

You agree that each visit you make to the Website shall be subject to the then-current Terms of Use, and continued use of the Website shall constitute that you have read, understand and accepted the Terms of Use or the then-modified Terms of Use, and agreed to be bound by them.

THE WEBSITE AND EATS365 SERVICES
The Website and Eats365 Services are an independent third-party marketplace for you to view, discuss, and place orders for food and beverages with participating restaurants (the "Restaurants"), and is a merchant of such order placement services only. Neither Eats365, the Website, nor Eats365 Services is a merchant of food or beverages, and does not sell or control the Restaurants or the production of any food or beverages produced at or provided by the Restaurants.

The Restaurants have entered into agreements with Eats365 to comply with all governing laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. However, Eats365, does not in any way independently verify the credentials or representations of any of the Restaurants, the ingredients or the quality of any their products or services, or any Restaurant's compliance.

Users of Eats365 Services shall make themselves comfortable through the information provided by the Restaurants on the Website or Eats365 Services, by contacting the Restaurants directly, or through such other means or methods as they may deem appropriate, to ensure the quality and reliability of the Restaurants and the Restaurants' compliance with applicable laws. Eats365, the Website and Eats365 Services, does make any representation or in any way guaranty the quality of any Restaurant or any food or beverage in connection therewith, or any compliance thereof with applicable laws. In addition, a Restaurant may represent certain standards with respect to their method of food preparation which Eats365 does not investigate or independently verify the accuracy of such representations, and Eats365 cannot and shall not be held liable or responsible for any food or beverages, or any other services, offered by the Restaurants or any errors or misrepresentations made by them (including on the Website and through Eats365 services).

You, our customers are very important to us, if you have any comments or concerns, about services or experience you had provided by our Restaurants, in additional to contacting the applicable Restaurant directly, we encourage you to let us know of such comments or concerns you might have regarding the Restaurants.

ORDER, PAYMENT AND REFUND POLICY
Neither the Website nor Eats365 Services accept payment from you on behalf of the Restaurants at the present time. When picking up or receiving your orders of food or beverages, you are advised to inspect for discrepancies before submitting payment for your orders. Should you have issues or complaints about orders you have received, we ask that you contact the Restaurant directly, but if you are unable to resolve your issues with the Restaurant to your satisfaction, you can contact us and we will try to assist you. Since order payments are not submitted to the Website or Eats365 Services, we will be unable to issue any refund for your orders.

CONDUCT
You agree that your use of the Website and/or Eats365 Services is subject to all applicable laws and regulations.

You also agree:

CONTRIBUTIONS
The Website and Eats365 Services allow users to interact with other users by reviewing and posting comments. You are entirely responsible for the content of, and any harm resulting from, your use of, participation with, and postings in the interactive portions of the Website (such use, participation, and/or postings, being your "Contribution"). When you create or make available a Contribution, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Eats365, the Website, and the Services, and all uses thereof, to use your Contributions as necessary to exercise the licenses granted by you under these Terms;
  3. your Contribution is not (in all cases as determined by Eats365 in its sole and absolute discretion) obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the local government, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
  4. your Contribution does not constitute, contain, install or attempt to install or promote your Contribution does not contain any viruses, worms, Trojan horses, malicious code, spyware, malware or other or any other computer code or harmful or destructive content, whether on Eats365's or others' computers or equipment, including any computer code designed to enable you or others to gather information about or monitor the activities of another party;
  5. your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
  6. your Contribution does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation; and
  7. your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Eats365 in its sole and absolute discretion.

By posting Contributions, you automatically grant, and you represent and warrant that you have the right to grant, to Eats365 an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing.

Eats365 has the right, in its sole and absolute discretion, to (a) edit, redact or otherwise change any Contributions, (b) re-categorize any Contributions to place them in more appropriate locations, or (c) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these Terms.

Eats365 may accept, reject, or remove any Contributions, including restaurant reviews in its sole and absolute discretion, but Eats365 has absolutely no obligation to screen or delete Contributions, even if someone considers a particular Contribution to be objectionable or inaccurate. If you are posting a review of a restaurant, your review must comply with the following criteria: (a) you should have firsthand experience with the restaurant; (b) you are not affiliated with any competitors of the restaurant; (c) you will not make any conclusions as to the legality of the restaurants products, services, or conduct; and (d) your review must comply with the other Contribution representations, warranties, covenants, and other agreements in these Terms. Reviews are not endorsed by Eats365 or Eats365 Services, and do not represent the views of Eats365 or of any affiliate or partner of Eats365. Eats365 does not assume liability for any review or for any claims, liabilities or losses resulting from any review.

INTELLECTUAL PROPERTY RIGHTS
All content included in and as a part of the Website and Eats365 Services (including, but not limited to, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, (the "Eats365 Content"), including all trademarks, service marks, and logos contained therein ("Marks"), is the property of or is licensed to Eats365, and are subject to copyright and other intellectual property rights under local governing laws and international conventions. Eats365 reserves all rights in and to the Website, its services, Content and Marks. Subject to your agreement to, compliance with, and except as otherwise prohibited by, these Terms, you are hereby granted a limited, non-exclusive, non-transferable license to access and make personal and non-commercial use of the Website and Eats365 Services; the license granted hereby does not include any resale or commercial use of the Website, Eats365 Services, or Eats365's Content. If you download or print a copy of the Eats365 Content for personal use in accordance with the limited license granted herein, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Eats365 Content or enforce limitations on use of the Website or the Eats365 Content therein.

DISPUTES
If there is a dispute between users of the Website or Eats365 Services, or between users and any third party (including any Restaurant), you understand and agree that Eats365 is under no obligation to become involved. In the event that you have any such dispute between users and any third party (including any Restaurant), you hereby release Eats365, its parents, its subsidiaries, its directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

PRIVACY
We respect the privacy of our users, and encourage you to review our Privacy Policy https://www.eats365pos.com/support/privacy-policy.html. By using the Website or Eats365 Services, you are consenting to have your personal data transferred to and processed to the terms of Eats365's Privacy Policy.

TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Website or Eats365 Services. You may terminate your use or participation at any time, for any reason, by either ceasing to use the Website and Eats365 Services or by notifying us directly.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, EATS365 RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND EATS365 SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, AND EATS365 MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND EATS365 SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN ITS SOLE AND ABSOLUTE DISCRETION.

Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes.

INDEMNITY
You agree to defend, indemnify and hold Eats365, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of the Website and Eats365 Services, with your Submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the Website and Eats365 Services, your violation of these Terms of Use, and any other acts or omissions relating to the Website and Eats365 Services.

DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE WEBSITE AND EATS365 SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EATS365, ITS PARENTS, SUBSIDIARIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND EATS365 SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EATS365 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND EATS365 SERVICES;
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES;
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR;
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THROUGH EATS365 SERVICES. EATS365 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EATS365 WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY
IN NO EVENT SHALL EATS365 BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN PREVIOUSLY ADVISED), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE AND EATS365 SERVICES. EATS365 ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE AND EATS365 SERVICES. EATS365 ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE WEBSITE AND EATS365 SERVICES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS WEBSITE AND EATS365 SERVICES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL EATS365'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 (A) THE AMOUNT PAID BY YOU TO EATS365 OR A RESTAURANT AFFILIATE, IF ANY.

MISCELLANEOUS
These Terms constitutes the entire agreement between you and Eats365 regarding the Website and Eats365 Services. The failure of Eats365 to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operates to the fullest extent permissible by law. These Terms and your account may not be assigned by you without our express written consent. Eats365 may assign any or all of its rights and obligations to others at any time. Eats365 shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Eats365's reasonable control. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

GOVERNING LAW AND LANGUAGE
You agree to accept that this Terms of Use is governed by and construed in accordance with the laws of Hong Kong. You also accepts the exclusive jurisdiction of the Courts of Hong Kong in relation to any dispute that may arise in connection with this Terms of Use.

This Terms of Use may appear on our Website in languages other than English, in this case it is understood that the translations of the privacy policy are for reference purposes only and in the event of an inconsistency between versions of the Terms of Use, the English language version shall prevail.

CONTACT
If you have any questions regarding this Privacy Policy or our Terms of Use, please contact us at:

365 Technologies Holding Limited
Email: [email protected]
Phone: +852 2168 7368
Version Date: July 16, 2014