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Terms and Conditions
Welcome to BookCha. BookCha is a service provided by ByeByeTail Company Limited. Please read the following Terms & Conditions carefully, so that you are aware of your legal rights and obligations with respect to ByeByeTail Company Limited and/or its related entities, affiliates and subsidiaries (individually and collectively, "BOOKCHA").
By your access of this Site and/or use of the Services, you hereby agree to be legally bound by these Terms and Conditions. If you do not accept these Terms and Conditions, please leave the Site and discontinue use of the Services immediately.
1. Agreement
1.1
You hereby represent and warrant that:
1.1.1
you have read and agree to these Terms and Conditions;
1.1.2
you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Terms and Conditions and you are either;
(i)
accessing this Site, using the Services and contracting in your own personal capacity;
(ii)
accessing this Site, using the Services and contracting on behalf of a corporate entity; or
(iii)
contracting as parent or guardian of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by these Terms and Conditions and to be liable for your child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and you also agree to ensure that your child or ward observes these Terms and Conditions;
1.1.3
you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Terms and Conditions; and
1.1.4
all of the information provided by you to BOOKCHA (including without limitation personal particulars and contact information) is accurate and complete.
1.2
BOOKCHA reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. BOOKCHA may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
1.3
BOOKCHA may from time to time vary or amend these Terms and Conditions by posting the amended Terms and Conditions at this Site. Any use of the Services after the amendment of these Terms and Conditions will be deemed to be acceptance of the amended Terms and Conditions by you. If you do not agree to the amended Terms and Conditions, you have the right to close your Account and/or cease using the Services.
1.4
When there is contradiction to the terms and agreements, the statement in English supersedes and BOOKCHA reserves the final right to decision.
2. Definitions
2.1
In this Agreement, the following definitions shall apply unless the context does not permit such application:
“Account” means a registered account of a Member opened under this Site.
“Agreement” means the agreement formed by these Terms and Conditions
“Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.
“Content” means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
“Linked Sites” is defined in Clause 8.1.
“Member” means a registered member of the Site.
“Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
“Services” is defined in Clause 3.2.
“Site” means the BOOKCHA website containing the link to these Terms & Conditions.
"BOOKCHA Content" means all Content of BOOKCHA that is made available on or via this Site.
“Third Party Products” means products and services of third parties, including other users, advertised on or available at the Site or websites linked from the Site.
“Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you.
“User Content” means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.
2.2
The words “include” and “including” shall not be construed as having any limiting effect.
2.3
The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.
3. Site and Services
3.1
The Site is owned and maintained by BOOKCHA.
3.2
BOOKCHA may offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):
3.2.1
real-time booking engine for partner merchants linked to BOOKCHA booking management systems
3.2.2
access to a collection of information, news, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts and other types of works regarding both partner merchants and others
3.2.3
search and/or filter engines or tools;
3.2.4
an advertising and branding platform for partner merchants;
3.2.5
a social networking platform;
3.2.6
email notifications; and
3.2.7
any other features, content or applications that BOOKCHA may offer at the Site from time to time in its sole and absolute discretion.
3.3
From time to time BOOKCHA will run competitions, promotions and surveys at the Site. These are subject to additional terms and conditions that will be made available at the time they are run.
4. Content Use Conditions
4.1
You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
4.1.1
any Service;
4.1.2
the Site;
4.1.3
any BOOKCHA Content except, to the extent permitted, with the prior written consent of BOOKCHA or unless expressly permitted in these Terms and Conditions; or
4.1.4
any Third Party User Content except, to the extent permitted, with the prior written consent of BOOKCHA and the owner or licensee of the specific User Content.
4.2
Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, BOOKCHA Content, or Third Party User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of BOOKCHA.
4.3
You may for your personal, non-commercial use:
4.3.1
retrieve and display BOOKCHA Content on any compatible device owned by you;
4.3.2
print a single copy of BOOKCHA Content on paper; and
4.3.3
store such BOOKCHA Content in electronic form on disk or on a mobile device owned by you.
4.4
All BOOKCHA Content are the copyrighted work of BOOKCHA or its content or software providers, and BOOKCHA reserves and retains all rights in the BOOKCHA Content. Use of some BOOKCHA Content may be governed by the terms of an accompanying end user license agreement.
4.5
You may not decompile, reverse engineer or otherwise attempt to discover the source code of any BOOKCHA Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or BOOKCHA in writing.
5. Intellectual Property
5.1
The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, and all BOOKCHA Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with BOOKCHA.
5.2
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of BOOKCHA or other third parties, and all rights to the Marks are expressly reserved by BOOKCHA or relevant third parties. You are not permitted to use any Marks without the prior written consent of BOOKCHA or such third party. BOOKCHA and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of BOOKCHA or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of BOOKCHA.
5.3
The domain name on which the Site is hosted on is the sole property of BOOKCHA and you may not use or otherwise adopt a similar name for your own use.
5.4
If you have any questions or concerns about these Terms and Conditions or any issues raised in these Terms and Conditions or on the Site, please contact us at: info@bookcha.co.
6. Online Conduct
6.1
You hereby undertake:
6.1.1
to comply with these Terms and Conditions, and such other notices or guidelines that may be posted on the Site by BOOKCHA from time to time;
6.1.2
not to use any Service or BOOKCHA Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
6.1.3
not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
6.1.4
not to use the Account of another Member at any time, whether with or without his/her permission.
7. Disclaimers & Limitations
7.1
While we make every effort to ensure that all BOOKCHA Content displayed on the Site is accurate and complete, we provide the BOOKCHA Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, BOOKCHA disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, BOOKCHA does not warrant that the functions contained in or access to the Site, Services, BOOKCHA Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, BOOKCHA Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any BOOKCHA Content in or with any Computer will not affect the functionality or performance of the Computer. BOOKCHA does not warrant or make any representations regarding the use or the results of the use of the BOOKCHA Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold BOOKCHA liable for the loss of any of your User Content that is due to any circumstances beyond the control of BOOKCHA.
7.2
Any arrangement or booking made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. BOOKCHA will make best endeavours to ensure that booking availability reflected on this is site is always accurate and up-to-date, but does not make guarantees on Third Party Products ability to honour such arrangements or reservations and expressly disclaims all liabilities or damages arising from the Third Party Products inability to do so.
7.3
You acknowledge and agree that BOOKCHA does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and BOOKCHA hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.
7.4
You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and BOOKCHA shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
7.5
The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it.
7.6
You acknowledge that it is not BOOKCHA’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that BOOKCHA does not endorse and shall not be responsible for any such content.
7.7
You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Terms and Conditions, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.
7.8
You agree that:
7.8.1
BOOKCHA shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
7.8.2
access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, BOOKCHA shall not be liable for any loss, liability or damage which may be incurred as a result.
7.9
In no event shall BOOKCHA be liable to you for any damages, losses, expenses, liabilities under any causes of action caused through the use of, or the inability to use, the BOOKCHA Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that BOOKCHA is liable for damages despite the foregoing provision, you agree that BOOKCHA’s aggregate liability to you for any and all causes of action in relation to the BOOKCHA Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to BOOKCHA for the one (1) month period immediately preceding the time such liability arose.
7.10
Under no circumstances, including, but not limited to, negligence, shall BOOKCHA be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the BOOKCHA Content, Services, Site, or any other website, even if BOOKCHA or a BOOKCHA authorised representative has been advised of, or should have foreseen, the possibility of such damages.
7.11
You agree that the above exclusions and limitations of liability enable the Services and the BOOKCHA Content to be provided by BOOKCHA at either reasonable costs or no costs to you.
8. Linked Sites
8.1
BOOKCHA may provide links to other sites ("Linked Sites") that may be of relevance and interest to users. BOOKCHA has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.
9. Data Use & Privacy
9.1
Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.
10. Termination
10.1
You agree that BOOKCHA has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Site or Services, without assigning any reason.
11. Notification of Infringement
11.1
BOOKCHA reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of BOOKCHA Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action.
11.2
You acknowledge and agree that BOOKCHA has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
12. Jurisdictional Issues
12.1
This Site is owned and operated by BOOKCHA in Hong Kong. BOOKCHA makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13. Indemnity
13.1
You agree to indemnify and hold BOOKCHA, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
13.1.1
any use of the Site or any Service;
13.1.2
your connection to the Site;
13.1.3
your breach of any terms and conditions of these Terms and Conditions;
13.1.4
your violation of any rights of another person or entity; or
13.1.5
your breach of any statutory requirement, duty or law.
14. Severability
14.1
If any provision of these Terms and Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms and Conditions shall continue in force save that such provision shall be deemed to be deleted.
15. Relationship of Parties
15.1
Nothing in these Terms and Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between BOOKCHA and you and neither party shall have any authority to bind the other in any way.
16. Waiver
16.1
No waiver of any rights or remedies by BOOKCHA shall be effective unless made in writing and signed by an authorised representative of BOOKCHA.
16.2
A failure by BOOKCHA to exercise or enforce any rights conferred upon it by these Terms and Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
17. Force Majeure
17.1
No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
17.2
For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
18. Governing Law & Jurisdiction
18.1
These Terms and Conditions and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Hong Kong.
18.2
You hereby agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.