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Terms of Use

Last updated: July 20, 2015

Acceptance of Terms

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY APPLY TO YOUR USE OF THIS SERVICE AND CONTROL ALL ASPECTS OF YOUR ACCESS TO AND USE OF THIS SERVICE BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN FULL, THE USE OF THIS SERVICE MUST BE TERMINATED IMMEDIATELY.

These Terms of Use apply to your access to, and use of, all or part of any website, mobile application or other product of Cafe X Technologies Limited or its subsidiaries and affiliated companies (collectively, “Cafe X”), including cafexapp.com and any other site, mobile application, online service and Robotic Café where these Terms of Use are posted (collectively, the “Sites”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Cafe X for products, services or otherwise. By signing up for or using the various Sites or other products or services offered by Cafe X or any affiliate (collectively with the Sites, the “Service”) you agree that you have read, understand and agree to be legally bound by these Terms of Use. Cafe X may amend these Terms of Use and may suspend, modify or discontinue, temporarily or permanently, the Sites from time to time without notice. You agree that Cafe X will not be liable to you or any third party as a result of such suspension, modification or discontinuation. The amended Terms of Use will have immediate effect. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes your acceptance of such changes. The most updated version of these Terms of Use is available at cafexapp.com/legal. Cafe X reserves the right to determine any conflict which arises in respect of these Terms of Use and/or your compliance with the same and/or your access to and use of the Sites. Cafe X’s decision shall be final and binding in the absence of manifest error.

Permitted Use

The Service is for your personal and non-commercial use. Unless otherwise agreed to in writing by Cafe X, you agree that you will not use the Service or duplicate, download, publish, modify or otherwise distribute or use any material included in the Service for any purpose, except to review the information included in the Service, to subscribe to programs included in the Service, and to purchase services or products offered by Cafe X for your personal use. Use of the Service or the materials or content contained in the Service for any purpose not set forth in these Terms of Use is prohibited.Without prejudice to the above, you may not use the Website for any of the following purposes: ·any activity which is unlawful, illegal or immoral including the making, transmitting or electronic storing of materials protected by copyright without the owner’s permission; ·any activity which violates or interferes with the Sites or the rights of Cafe X; or ·any activity which is prohibited by these Terms of Use. Cafe X reserves the right to suspend or terminate your access to the Sites or any part thereof at any time, without notice, where Cafe X is of the opinion that you have breached any of the terms contained in these Terms of Use or that such prohibition or denial is appropriate, desirable or necessary in Cafe X’s sole opinion. All restrictions imposed on you, disclaimers and limitations on liability set out in these Terms of Use will survive termination.

Registration, Accounts and Passwords

You agree to (1) provide true, accurate, current and complete data about yourself on the Cafe X registration form when you create an account (“Registration Data”) and (2) promptly update the Registration Data to keep it true, accurate, current and complete. If you fail to do any of these things, Cafe X will have the right to suspend or terminate your use of the Service and/or terminate your account. You will be required to select a password upon completing the account creation form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. You agree to (a) immediately notify Cafe X of any unauthorized use of your password or account or any other breach of security and (b) ensure that you properly exit or log out from your account each time you use the Service. Access and use of password protected and/or secure areas of the Service is restricted to users who have been given a valid password by Cafe X. Unauthorized individuals attempting to access these areas of the Service may be subject to prosecution.

Grant of Limited License

If you post any content to the Service, you hereby grant Cafe X and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to Cafe X the licence set forth in this section without infringing or violating the rights of any third party.

Intellectual Property Rights

If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, Cafe X may, in its sole discretion, investigate the allegation and/or edit, remove or request the removal of such content. Notwithstanding the foregoing, Cafe X does not ensure that any such content will be edited or removed. Cafe X may terminate the accounts of users who infringe the intellectual property rights of others. Therefore, if you believe that any such third party materials infringe your intellectual property rights, please contact service@cafexapp.com. The content of the Sites is protected by copyright, trademarks, database and other intellectual property rights. Cafe X owns all right, title and interest in and to the Service and all materials and content contained in the Service, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials provided as part of the Service is strictly prohibited. Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Site or other Service solely for personal use. Any other use of materials on the Site or other Service, including reproduction for purposes other than those specified above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Cafe X is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Cafe X. “Cafe X” is a proprietary service mark of Cafe X Technologies Limited. Cafe X service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by Cafe X, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cafe X. Nothing contained in the Sites should be construed as granting any licence or right of use of any trademark or other intellectual property right belonging to Cafe X or a third party.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. THE SITES ARE FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR THE SITES. WITHOUT LIMITING THE FOREGOING, CAFE X DOES NOT WARRANT THAT THE SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE.

Exclusion of Damages

TO THE EXTENT PERMITTED BY LAW, CAFE X AND ITS SUBSIDIARIES AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF CAFE X HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, CAFE X WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THE “REGISTRATION, ACCOUNTS AND PASSWORDS” SECTION OF THESE TERMS OF USE OR (2) CONTENT POSTED TO THE SERVICE BY YOU OR ANY THIRD PARTY.

Limitation on Liability

IN NO EVENT WILL THE LIABILITY OF CAFE X IN CONNECTION TO YOU WITH THE SERVICE OR THESE TERMS OF USE EXCEED HK$1,000.

Applicability of Disclaimers, Exclusions and Limits

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY OR DAMAGES, THE LIABILITY OF CAFE X IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH IN THE “DISCLAIMER OF WARRANTIES” SECTION OF THESE TERMS OF USE MAY NOT APPLY TO YOU. IN PARTICULAR, CAFE X SHALL REMAIN LIABLE TO YOU FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE IN SUCH JURISDICTIONS WHERE SUCH LIABILITY CANNOT BE EXCLUDED OR RESTRICTED AT LAW.

Third Party Websites

THE THIRD PARTY WEBSITES LINKED TO OR FROM THE SERVICE ARE NOT CONTROLLED BY CAFE X AND CAFE X IS NOT RESPONSIBLE FOR THE CONTENTS OF SUCH THIRD PARTY WEBSITES. ACCORDINGLY, CAFE X MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD PARTY WEBSITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEBSITES. YOUR USE OF THIRD PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO THIRD PARTY WEBSITES IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND DOES NOT INDICATE, EXPRESSLY OR IMPLIEDLY, ANY ENDORSEMENT BY CAFE X FOR THE THIRD PARTY WEBSITES OR THE PRODUCTS OR SERVICES PROVIDED AT SUCH WEBSITES.

Indemnification

You will indemnify and hold harmless Cafe X and its representatives, agents, affiliates, members, officers, employees and managers (the “Indemnified Parties”), and at Cafe X’s option defend the Indemnified Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third party claim, demand, proceeding or action (“Claim”) brought against any of the Indemnified Parties arising out of your use of the Service or any alleged breach by you of any provision of these Terms of Use. If you are obligated to indemnify Cafe X, Cafe X may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of Cafe X.

Termination

In its sole and absolute discretion, with or without notice to you, Cafe X may (1) suspend or terminate your use of the Service, or (2) terminate your account. You may terminate your account for any reason by emailing Cafe X at support@cafexapp.com. Cafe X shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Service.

General

These Terms of Use and the relationship between you and Cafe X shall be governed by the laws of Hong Kong without regard to its conflict of law provisions. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Hong Kong. No failure or delay by Cafe X in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These terms and conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without prior written consent from Cafe X. You agree that Cafe X may collect, store, and use your personal data in accordance with the Privacy Policy set out below. You acknowledge and agree to be bound by the terms of such Privacy Policy.

Privacy Policy

Cafe X is committed to protecting your personal data. Cafe X will ensure that its policies and practices in relation to the collection, use, retention, transfer and access of personal data comply with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486) (the “Ordinance”). This Privacy Policy (the “Policy”) explains what information Cafe X collects about you and what Cafe X does with it. By using the Sites, you acknowledge and agree to be bound by the Policy. Cafe X reserves the right to modify and update the Policy from time to time, and it will notify users through an email of any such changes. Please therefore ensure that email address service@cafexapp.com is added to your address book.

Collection of Information

When you visit the Sites, Cafe X will record your IP address and obtain broad demographic information, but it will not collect any personal identifiable information. Cafe X may also collect certain information about you when you visit the Sites because your internet provider address needs to be recognised by Cafe X’s server.

Cookies

Cookies used (if any) in any part of the Sites will not be deployed for collecting personally identifiable information. For your information, Cookies are small computer files that can be stored in your computer’s hard drive for the purposes of obtaining configuration information and analysing your viewing habits. Cookies can save you from registering again when re-visiting a website and are commonly used to track your preferences in relation to the subject matter of the website. You may refuse to accept Cookies (by modifying the relevant internet options or browsing preferences of your computer system), but if you do so you may not be able to utilise or activate certain available functions in the Sites.

Personally Identifiable Information

To enquire about Cafe X and its products and services, Cafe X will need to collect your personally identifiable information including, but not limited to, your full name, telephone number and email address. Cafe X will retain your personal data only for so long as is necessary for fulfilling the specific purposes for which they were collected or for purposes directly related to those specific purposes. After that time, your data will be erased. Refusal to provide the above information or the provision of incomplete or incorrect information may deny your access to certain services/functions of the Sites, or may render Cafe X unable to handle any enquiry you are making, or may otherwise hinder the objectives of your visit to the Sites. If you allow Cafe X to access your location data on your device, Cafe X may use your location data to serve you better including giving you the nearest Cafe X location and prioritizing your order placed with Cafe X.

Use of the Information

You agree that your personal information provided to Cafe X may be used and retained by Cafe X for the following purposes and for other purposes as shall be agreed between you and Cafe X or required by applicable laws, rules or regulations from time to time: (a) [to process your order or enquiry; (b) to contact you in relation to your enquiry; (c) to verify your identity; (d) to better understand the demographics of users of the Sites to enable Cafe X to provide better services tailored to your needs; (e) to market Cafe X’s products and services; (f) to send you details of services or information which Cafe X believes may be of interest to you, including but not limited to Cafe X’s locations, products, promotions and events; and (g) to fulfil any other purposes directly relating to any of the above purposes.] As you will have noted above, Cafe X would like to use your personal data to send you marketing materials but it must obtain your consent (or an indication of no objection) before it can do so. If you do not want to receive such marketing materials, please send an email stating this to service@cafexapp.com.

Information Protection

Your personal data will generally be kept confidential and will not be disclosed to any other person without your consent. However, your data will be used by (and disclosed to) third parties for the purposes for which they were collected. Your personal data may also be disclosed where Cafe X is required to do so by law.

Access to Personal Information

You are entitled, in accordance with the Ordinance’s requirements, to check whether Cafe X holds data about you and to have access to such data. If any such data is incorrect or inaccurate, you have the right to correct or update it. Requests for access to or to correct personal data should be emailed to service@cafexapp.com. In accordance with the Ordinance, Cafe X is entitled to charge a reasonable fee for processing any data access or correction requests.

Minors

If you are under the age of 18 or the legal age stated in your country, please do not attempt to send any personally identifiable information to Cafe X without the consent of your parent or guardian.

Questions / Suggestions

If you have any questions or suggestions, please contact Cafe X at support@cafexapp.com.