These Terms of Service ("Terms" or "Agreement") are between HOTPIE GROUP SDN. BHD. ("The Company," "we," "our," "us") and you, an individual user ("you," "your," "yours"), and govern your use of The Company’s website or mobile software applications that have been made available on The Company’s website or for download (each, an "App", and together, the "Apps") and any related websites or other online properties owned or controlled by The Company to which these Terms are linked (together with the Apps, the "Service").

ARBITRATION NOTICE FOR USERS: THESE TERMS CONTAIN A MUTUAL AGREEMENT TO ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION AGREEMENT, YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION, AND YOU AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

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1. INTRODUCTION AND OVERVIEW
 

These Terms constitute a legally binding contract between you and The Company.

You agree that by clicking on one of the "Account Creation Options" (Facebook, Phone Number, Email) or any other account creation options that may be provided by The Company from time to time, registering to use, accessing or using the Apps or the Service, you are agreeing to enter into a legally binding contract with The Company. Read these Terms carefully. They govern your use of the Service and include legal provisions that limit our liability. By using the Service, you agree that you have read, understood, and agree to be bound by these Terms and any policies incorporated herein.

By registering an account with The Company, you represent and warrant that:
(1) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms as prescribed by the law of the place where you live and outlined in the table below;
(2) you will comply with these Terms;
(3) your use of the Service does not violate any applicable laws or regulations; and
(4) you have not been previously suspended or removed from the Service by The Company.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY.

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2. CHANGES TO THESE TERMS
 

We may change these Terms from time to time. We will notify you of material changes to these Terms by posting the amended terms on the Service at least thirty (30) days before the effective date of the changes. If you are a registered member of the Service, we will notify you of material changes to these Terms by publishing the notice via the Apps at least thirty (30) days before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms take effect. Our customer service representatives are not authorized to modify any provision of these Terms, either verbally or in writing.

BY CONTINUING TO USE THE SERVICE AFTER THE CHANGES BECOME EFFECTIVE, YOU AGREE TO THE REVISED TERMS.

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3. CHANGES TO THE SERVICE
 

We are continually evolving our Service. We therefore expressly reserve the right to change, add to, suspend, discontinue, or retire any aspect of the Service at any time without prior notice. If we update the Service and you object to an applicable change for any reason, your sole remedy is to stop using the Service.

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4. PRIVACY
 

The Service cannot be provided and the Terms cannot be performed without The Company processing information about you and other users. Processing of the information you share with The Company is essential to the Service which we provide. Your privacy is important to us. Please read our Privacy Policy to learn how we may collect, use, share and store your information. The Privacy Policy is part of and is governed by these Terms, and by agreeing to these Terms, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms. If you do not agree to the use of your personal information in accordance with our Privacy Policy, do not access or otherwise use any portion of the Service.

No credit card, credit line, overdraft protection or deposit account is associated with The Company. No interest, dividends or any other earnings on funds loaded on to your account in The Company App will accrue or be paid or credited to you by The Company. The value associated with The Company App is not insured or guaranteed by any person or entity.

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5. YOUR ACCOUNT
 

Registration. While you may always browse any public-facing portions of the Service without registering with The Company, to enjoy the full benefits of the Service, you must download the App or access The Company website and register an account with The Company ("Account").

In some cases, you may use a third party account (e.g., Apple, Facebook, Google, as applicable) ("Third Party Account") to access additional features and functions of the Services. You agree that you are solely responsible (to us and to others) for your access and use of the Services and the activity that occurs under your account.

Eligibility. In order to register an account in the App, you must be at least 18 to use the Services. By creating an Account and/or using the Services, you represent and warrant that you are at least 18 years old (or the minimum age of majority in your jurisdiction, whichever is greater). You must be unattached and available. You may only use the Services if you are willing and capable of entering into a new romantic relationship and do not have an established monogamous romantic partner ("Unattached"). You may not have a criminal record.

Inactive Account. If your account is or remains inactive (which means you have not logged into or used your account) for more than one (1) year, The Company has the right to delete or deactivate your account and all Virtual Currency including but not limited to Points and Virtual Goods (as defined below) in your account shall be forfeited and no refunds will be made in respect of the same to the fullest extent authorized by law.

Guest Account. Users who access the Services without creating a The Company account or connecting to a Third Party Account ("Guest") may have limited access to certain features of the Services.

Please note that if you are using a Guest account:
(i) You will not be able to transfer/keep your progress or other information and data in The Company App or restore any in-app purchases you have made if you need to reinstall The Company App, e.g., if you lose, change or otherwise do not have access to your device;
(ii) All information and data in connection with your use of The Company App and Service will be removed and will not be retrievable or recoverable, if you delete The Company App from your device;
(iii) The Company cannot guarantee to recover your account or any data contained therein for you under the above circumstances.

Therefore, we highly recommend you to either create a The Company account or link your account to your Third Party Account in order to secure your The Company App data and progress.

Account Security. You are fully responsible for all activities that occur through your Account, so you should keep it secure. You agree to notify The Company Support if you suspect or know of any unauthorized use of your Account or any other breach of security with respect to your Account. The Company will not be liable for any loss or damage arising from unauthorized use of your Account.

You agree to:
(a) keep your password confidential and use only your User ID and password when logging in,
(b) ensure that you log out from your account at the end of each session,
(c) immediately notify The Company of any unauthorized use of your User ID and/or password or any other breach of security or non-compliance with these Terms of Service or applicable laws, and
(d) ensure that your account information is accurate and up-to-date.

You are fully responsible for all activities that occur under your User ID and account even if such activities or uses were not committed by you. The Company will not be liable for any loss or damage arising from unauthorized use of your User ID, password, or account or your failure to comply with this section.

You acknowledge and agree that we have no obligation related to your Third Party Account, and all matters relating to any Third Party Account of yours shall be resolved exclusively by you and the relevant third party.

Accuracy of Information. When creating an Account, you must provide true, accurate, current, and complete information as The Company requests. If there are any changes to the information you provide in connection with your Account, you must update the applicable information promptly, and as necessary to keep it current and accurate. You represent to The Company that the information provided upon the creation of your Account is accurate and that any email address you provide is an email address controlled by you.

Suspension of account. We reserve the right to suspend or terminate your access to the Services at any time, without any notice to you, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which would or might cause damage to or impair the Services or infringe or violate any third party rights (including intellectual property rights), or violate any applicable laws or regulations. Termination of your account also entails the termination of the license to use the Service, or any part thereof.

Points. The Service may offer you the ability to do in-app purchase, receive, or earn a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use virtual points exclusively within the Service ("Points"). This license is subject to your acceptance of this Agreement and any other applicable policies or agreements with The Company. Points can only be used in connection with the Service as permitted by The Company and you may view your balance of Points at any time in your account profile. Once used/redeemed, Points will be deducted from your account balance and cannot be used again. You have no right to reverse a transaction once it is completed. In the event of any dispute, The Company shall have the final determination over the calculation of your Points account balance.

The Company may make certain features or functionality of the Service available that allow or require the redemption of Points, and may in its sole discretion modify or discontinue any applicable features or functionality or otherwise change the manner in which Points may be redeemed. You agree that The Company has the absolute right to reduce, manage, regulate, control, modify and/or eliminate the Points as it sees fit in its sole discretion, and that The Company will have no liability to you based on its exercise of these rights.

Notwithstanding any language to the contrary contained in these Terms or any other terminology used, Points have no monetary or "real world" value and can only be used with the Service. Points may not be redeemed or exchanged for "real" currency or any legal tender. Points have an expiry. In other words, you may redeem Points within their validity and for as long as The Company chooses to make Points redeemable through the Services, which The Company has no obligation to continue to do.

Virtual Goods. The Service may also offer you the ability to redeem Points to obtain virtual goods, such as special themes, gifts that may be sent to other users (including without limitation downloadable content), achievements, progressions, or access to additional features, levels, characters, maps or other content ("Virtual Goods"). Virtual Goods are subject to a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license by The Company for you to use the Virtual Goods exclusively in connection with the Service. Virtual Goods are The Company’s Content and may not be reproduced, redistributed, or exported, and may only be used as permitted by The Company.

Such Virtual Goods can only be used for your own benefit within The Company App, are of no monetary value and cannot be redeemed for cash or in-kind, sold or otherwise transferred. All Virtual Items are licensed to you rather than sold to you. The amount of Points needed to obtain Virtual Goods will be displayed at the point of redemption. The Company may determine, in its sole discretion, what Virtual Goods may be available for redemption through the Service from time to time, and The Company may change the selection of Virtual Goods or discontinue a Virtual Good at any time without any liability to you based on its exercise of these rights.

Limitations. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you in connection with Points or Virtual Goods. Unless authorized in the Service, The Company prohibits and does not recognize any other sale, gift, assignment, transfer or trade in the "real world" of any Points or Virtual Goods to any third party under any circumstances whatsoever (including, without limitation, by operation of law) unless The Company expressly pre-approves the applicable event in writing.

Points and Virtual Goods are solely for your personal, non-commercial and in-app use and may not be copied, exported, scraped or otherwise transferred to use on any other platform, service or for any other use. Failure to comply with this Article constitutes a material breach of The Company’s Terms and may result in the termination of your ability to access the Service.

The Company may revise the pricing for Points or Virtual Goods, or any other items offered through the Services, at any time. Unless otherwise provided by applicable law or by the express terms of a Service offer, all purchases for Points or Virtual Goods or other Services are final and non-refundable. Once you redeem any Points for a Virtual Goods or other entitlement, that Virtual Goods or other entitlement is final and not returnable, exchangeable, or refundable. You may cancel any Services at any time, but all pre-payments and all purchases of any Points, Virtual Goods or other Services are strictly non-refundable.

If you made such a purchase from an authorized third party or otherwise made payment via a third party payment service provider, you may also need to consult those third parties’ respective terms and conditions for additional information regarding their respective policies for refunds.

If your Account is terminated for any reason, including due to a violation of our Terms and/or Community Guidelines, then your license to any Points or Virtual Goods will automatically terminate and you will lose access to applicable Points and Virtual Goods permanently. The Company also reserves the right to terminate your Account if your Account has been inactive for one (1) year.

If The Company reasonably suspects that you are engaging in any fraudulent or unlawful behavior in connection with any Points or Virtual Goods, The Company reserves the right to restrict your access to and use of Points or Virtual Goods or the Service. If you violate this Section, then other than the termination rights already mentioned, The Company may, in its sole discretion also pursue any and all remedies that it deems advisable and hold you liable for any and all damages, expenses, or other losses that The Company incurs in connection with the violation.

In some cases, certain portions of The Company App may be accessed for free, but in other cases you may be required to pay a fee to access certain features of The Company App. We reserve the right to change the pricing of any paid Virtual Items from time to time as we may determine in our sole discretion. Any change will not affect Virtual Items you have already purchased at the time the change comes into effect.

YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE POINTS OR VIRTUAL GOODS, THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED POINTS OR VIRTUAL GOODS WHEN AN ACCOUNT IS CLOSED, WHETHER THE APPLICABLE CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Limited License. As between you and The Company, The Company owns any and all rights, title and interest in and to the Services and any and all data and content made available in and through the Services, including without limitation all software, computer code, tools, patches, updates, images, text, graphics, illustrations, logos, photographs, images, pictures, audio, sound effect, sound recording, videos, visual effect, music, music composition, user account, characters, character name, character profile, character likeness, artifacts, objects, inventories, weapons, map, location, location name, architecture, landscape design, story, storyline, theme, The Company App play, catch phrase, dialogue, chat log, recording and broadcasts of The Company App, matches, battles, duels, in-The Company App items, in-The Company App activities, the selection and arrangement thereof and "look and feel" of the Services, all data and communications occurring through the Services and all intellectual property rights related thereto (the "The Company Content").

You acknowledge that your use of The Company Content for any purpose not expressly permitted by these Terms is strictly prohibited. The Company Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. You cannot create any work of authorship or proprietary right based on the Services (including The Company Content). You shall only use the Services as may be expressly provided in the Terms or to the extent permitted by law or (if applicable) relevant open source licenses. We and our licensors reserve all rights not expressly granted in and to their content.

Subject to these Terms, you are hereby granted a non-exclusive, personal, non-transferable, non-sublicensable, revocable limited license to access and use the Services, including to download The Company App on a permitted device, and to access The Company Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. The Company reserves all rights not expressly granted herein in the Services (including The Company Content). You acknowledge and agree that The Company may terminate this license at any time for convenience subject to applicable law.

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY THE COMPANY CONTENT (INCLUDING WITHOUT LIMITATION ANY CONTENT YOU CREATED BASED ON, OR RELATING TO, THE COMPANY CONTENT), AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL RIGHTS IN AND TO THE COMPANY CONTENT ARE AND SHALL FOREVER BE OWNED BY THE COMPANY AND ITS LICENSORS.

Loading Value On Your Account. You can load value onto your account in The Company App by using credit card and/or debit card through the top up function in The Company App. If you choose to top up your account online, any personal data which you provide to us in order to do so will be held pursuant to The Company’s Privacy Policy on servers and by proceeding with the topping up facility, you will be agreeing to this arrangement.

The minimum amount that can be loaded into your account in The Company App for the first time is RM20. The Company may change these maximum and minimum amounts at any time by notifying you at the point of sale or on The Company website and such change shall not constitute an amendment to this agreement.

We reserve the right to correct the balance of your account in The Company if we believe that a clerical, billing or accounting error has occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your account in The Company, please contact our Customer Care Team by phone on xx and we will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We will have no liability for any billing error unless you provide us notice within sixty (60) days of the date you become aware of the error. You should monitor your transactions and account balances closely.

The Company does not charge any fees for the issuance, activation, use or reloading of your account in The Company App. Your The Company account will expire if not used or is inactive in five (5) years from the last transaction date (inclusive of activation and last reload date). Thereafter, your account in The Company App shall be deemed expired, is not valid for any use and will be automatically deactivated. Any remaining credit balance on your account in The Company App will be automatically forfeited upon deactivation under any circumstances and cannot be refunded to you.

Because your account in The Company is used like cash for purchases from The Company, you are fully and solely responsible for the security, management and for all transactions associated with your account in The Company, including unauthorized transactions.

User Misconduct. The Company reserves the right, but does not undertake the obligation, to:
(a) disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by The Company in its sole discretion,
(b) with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in The Company’s sole discretion, would or might constitute a violation of these Terms, cause damage to or impair the Service, infringe or violate any third-party rights, damage The Company’s reputation, or violate any applicable laws or regulations,
(c) monitor or review the Service for violations of these Terms and for compliance with our policies,
(d) report to law enforcement authorities and/or take legal action against anyone who violates these Terms,
(e) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any User Content or any portion thereof, and/or
(f) manage the Service in a manner designed to protect our, our members, and third parties’ rights and property or to facilitate the proper functioning of the Service.

If messages sent to the e-mail address you provide are returned as undeliverable, then The Company may terminate your Account immediately without notice to you and without any liability to you or any third party.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OR ANY REMEDY WE MAY HAVE UNDER LAW OR IN EQUITY, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE 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.

OUR DECISION TO DELAY EXERCISING OR ENFORCING ANY RIGHT OR REMEDY UNDER THESE TERMS WILL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR REMEDY WITH RESPECT TO ANY PARTY.

Feedback. While we are continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided.

Accordingly, by sending Feedback to us, you agree that:
– The Company has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
– Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
– You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

Compliance of Laws and Regulations. Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not access or use the Services in a manner that violates applicable laws and regulations, including anti-money laundering and counter terrorist financing laws and export control and economic sanctions laws.

Consistent with and in furtherance of this requirement, you agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by The Company hereunder, to any country or territory for which any other relevant jurisdiction requires any export license or other governmental approval at the time of export or re-export without first obtaining such license or approval. You further agree not to export, re-export, or provide any of the Services in violation of applicable export controls or economic sanctions:
(a) into any country or territory against which comprehensive sanctions are imposed, administered, implemented and/or enforced by any relevant government authority or regulatory body, including Cuba, Crimea, Iran, North Korea, and Syria, or
(b) to anyone listed on any list of prohibited or restricted parties issued and maintained by any relevant government authority or regulatory body, including but not limited to the United Nations Security Council Consolidated Sanctions List, the EU Consolidated Financial Sanctions List, and the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List.

At our sole discretion, we reserve the right to immediately suspend a User’s use of the Services and/or terminate a User’s account if we suspect money laundering, terrorist financing, activities that violate economic sanctions or export control laws, or other illegal activity by the user. We will not be liable for any loss or damage incurred by a user as a result of such suspension of the User’s Services and/or termination of the User’s account.

Rights you grant to the Company. You own all Content that you provide to The Company, but you also grant us the rights to use your Content as provided in these Terms. By creating an account, you grant to The Company a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, modify, publish, translate, adapt, reformat, incorporate into other works, advertise, distribute and otherwise publicly display your Content, including any information you allow us to make available from Facebook or other external sources (as applicable), in whole or in part, in any form and in any medium, now known or hereafter developed. The Company’s license to your Content is non-exclusive, except that The Company’s license is exclusive with respect to derivative works created through your use of our Services, for example, The Company has an exclusive license to screenshots of our Services that include your Content.

In return for The Company making our Services available to you, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. When you provide The Company with suggestions or feedback about our Services, you agree that The Company may use and share such feedback for any purpose without compensation to you.

You agree that The Company may access, preserve and disclose your account information, including your Content, if required to do so by law or in the good faith belief that access, preservation or disclosure is reasonably necessary to:
(i) comply with legal process,
(ii) enforce these Terms,
(iii) respond to claims that any Content infringes on third-party rights,
(iv) respond to your customer service requests,
(v) protect the rights, property or safety of the Company or any other person, or
(vi) investigate, prevent, or otherwise take action regarding illegal activities or suspected fraud or other wrongdoing.

Prohibited Content. The Company prohibits uploading or sharing content that:
– may reasonably be considered an unwelcome act or an act that is threatening, violent or causes mental distress to another person;
– is obscene, pornographic, violent, or contains nudity;
– is an act of violence, intimidation, discrimination, or promotes or incites racism, sexism, hatred or bigotry;
– incites or facilitates any unlawful act, including but not limited to terrorism, inciting racial hatred, or transmitting information that is itself a criminal offense;
– incites or facilitates any action that may result in harm to the user or any other person, including but not limited to promotion of self-harm, eating disorders, dangerous challenges, violent extremist ideologies, etc.;
– is defamatory or untrue;
– involves commercial activities (including but not limited to sales, contests, promotions, and advertising, solicitation of services, sexual services, "sugar daddy" or "sugar baby" relationships, links to other websites or premium line telephone numbers, etc.);
– involves or facilitates the sending of spam;
– contains any spyware, adware, viruses, corrupted files, worms, or other malicious code designed to interrupt, damage, limit or disrupt any software, hardware, telecommunications, networks, servers.

Refund. All purchases are generally non-refundable. There will be no refunds or credits for partial periods used, except where applicable law in your jurisdiction provides for a refund.

 

6. ADVERTISING AND EXTERNAL CONTENT
 

You may see external advertisements and promotions on our Services, which The Company does not endorse and is not responsible for your interactions with those products or services. Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. Our Services may also allow you to view advertisements in exchange for virtual items. The Company does not guarantee that you will always have access to such advertisements or that any such advertisements will be available.

The Company may also provide non-commercial links or references to third parties within its Content. The Company is not responsible for the availability (or unavailability) of any external websites or resources or their content. The Company is not responsible for, and does not endorse, any products or services that may be offered by such external websites or resources. If you choose to interact with a third party made available through our Services, such third party’s relationship with you is governed by that party’s terms. The Company is not responsible or liable for such third party’s terms or actions.

 

7. INDEMNIFICATION
 

At the Company’s request, the User agrees to defend, indemnify, and hold harmless the Company and their affiliated companies, and their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees) that arise from the User’s use or misuse of the Application (including Online Payment), violation of these Terms or violation of any rights of a third party.

The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. In the event of any third party claim that the Application or User’s possession and use of the Application infringes that third party’s intellectual property right, The Company, not Apple or Google, will be solely responsible for the investigation, defense, settlement.

 

8. NO WARRANTIES
 

The Services are provided "as is" and we make no warranty or representation to you with respect to them. In particular, we do not represent or warrant to you that:
– your use of the services will meet your requirements;
– your use of the services will be uninterrupted, timely, secure or free from error;
– any information obtained by you as a result of your use of the services will be accurate or reliable; and/or
– defects in the operation or functionality of any software provided to you as part of the services will be corrected.

WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR USERS. Neither do we routinely verify the identity of our users. But we may verify the user identity as part of our fraud detection and prevention process.

We do not guarantee matches, the frequency of your matches, that you will be compatible with those you match with, or that the people you match with are safe people to meet. You must exercise your own diligence and caution in using the services and communicating with its users. Our matching algorithm is a complex and dynamic piece of engineering that considers a myriad of variables to curate your bagels each day. It is always learning more about you and your type. It takes into consideration your specific preferences, who you like or pass on, who is available in your area, and also whether you are someone else’s type.

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the services except to the extent that they are expressly set out in the terms. We may change, suspend, withdraw or restrict the availability of all or any part of The Company app for business and operational reasons at any time without notice.

The Company does not warrant that the service will operate error free, or that the service and any content thereon are free of computer viruses or similar contamination or destructive features.

Your use of the service may depend on the internet, including networks, cabling, facilities and equipment that is not in our control; accordingly:
(i) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and
(ii) data, messages, information or materials sent over the internet may not be completely private, and your anonymity is not guaranteed.

We make no promises, representations, warranties, or guarantees that the Service will operate as intended. Errors or other interruptions may cause the Service to not function as intended. By using the Service, you understand and accept this risk.

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9. LIMITED / NO LIABILITIES

Subject to these Terms, we shall not be liable to you for:
(i) any loss of profit (whether incurred directly or indirectly);
(ii) any loss of goodwill;
(iii) any loss of opportunity;
(iv) any loss of data suffered by you; or
(v) any indirect, incidental, special, exemplary, punitive or consequential losses which may be incurred by you.

Any other loss for which The Company may be liable shall be limited to the total amount actually paid by you to The Company for the Services within the twelve (12) months immediately preceding the event giving rise to such liability.

We will also not be liable to you for any loss or damage which may be incurred by you as a result of:

• any reliance placed by you on the completeness, accuracy or existence of any advertising, or any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
   

• any changes which we may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
   

• the deletion of, corruption of, or failure to store any content, data, communications or other information maintained or transmitted by or through your use of the Services;
   

• your failure to provide us with accurate, current and complete account, contact or billing information;
   

• your failure to keep your login credentials, devices and account secure and confidential;
   

• your failure to comply with these Terms, our policies, or any applicable laws and regulations;
   

• any unauthorised access to, or use of, the Services via your account, devices or credentials;
   

• any incompatibility between the Services and any equipment, device, software, network or connection used by you; or
   

• any acts or omissions of third parties, including payment processors, app stores, network operators, platform providers or other users of the Services.
   

Please note that we only provide our Services for personal and private use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption, or loss of business opportunity.

To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Services, including, by way of example and not limitation, any carrier, copyright owner, payment provider, app store, or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.