LAST UPDATED 5 MAY 2016
Your privacy is very important to Dennings. This policy explains how we collect, use, disclose, transfer and store your information. Let us know if you have questions.
COLLECTION OF PERSONAL INFORMATION
When you obtain or register for the Dennings Service (directly or via a third party’s page that utilizes the Dennings service), we may ask for information such as your name, company name or affiliation, email address and /or other instant messaging IDs (“IM”).
Dennings collects the email addresses and IM of people who communicate with Dennings.
Dennings may also collect Personal Information volunteered by users or visitors. When you post content on or through the Dennings Service, please keep in mind that any Personal Information you post may be viewed by others.
Dennings may collect billing and account information for credit cards, payment cards or other payment systems from clients of paid versions of the Dennings Service and share this information with Dennings’s billing and payment processor(s).
Dennings may collect information about your transactions with us and/or with our business partners. This information might include information necessary to process payments, such as billing information and your credit card number.
Dennings may receive information about you or your transactions from our business partners with which you have an account, service relationship or transaction history.
Dennings may obtain information about you from service providers engaged in the business of marketing data.
Dennings may receive Personal Information from third parties when you authorize such third parties such as pages that have been built using the Dennings Service, to authenticate or identify you to Dennings or sign in to the Dennings Service using credentials from a third party service.
Dennings collects anonymous demographic information, which is not unique to you, such as your postal code, current location, time zone, age, gender, preferences, interests and favourites.
There is also information about your computer hardware(s) and software(s) and mobile device(s) that is automatically collected by us. This information may include your IP address, browser type, domain name, access time and referring website addresses. This information is used by Dennings for the operation and quality maintenance of Dennings Service. This information is also used for the provision of the general statistics regarding the use of Dennings Service by our customers.
USE OF PERSONAL INFORMATION
Dennings uses Personal Information collected for the following general purposes: products and services provision, billing, identification and authentication, account access and account management, provision of maintenance, guarantee and other services you have requested, services improvement, contact, provision of advertising and promotional materials by Dennings, conduction of surveys, research, analytics and reporting.
Dennings may contact you via any email address you provide to us with transactional or relationship messages such as account status messages, security updates or notifications of changes in the terms of your account or the Dennings Service.
Dennings may automatically receive and record information on our server logs from your browser, including your IP address, cookies and the pages you request. This information may be used for various purposes, including to:
Diagnose and prevent service or technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP.
Estimate the total number of users visiting the Dennings Service from specific geographical regions.
Help determine which users have access privileges to certain content, services or resources that we offer.
Estimate and report our total audience size and traffic.
Conduct research to improve the Dennings Service.
Help combat fraud and abuse.
Provide analytics and reporting.
Dennings may combine information about you in our possession with information we obtain from business partners or others.
Dennings does not sell, rent or lease our customer lists to third parties. We may contact you on behalf of external business partners about a particular offer that may be of interest to you. Your unique personally identifiable information such as name, address and email address will not be transferred to the third parties.
SHARING OF PERSONAL INFORMATION
Dennings may share your Personal Information when you have authorized Dennings to do so, when it is necessary to complete a transaction, to operate or improve the Dennings Service or to take some action that you have asked us to do.
Dennings may share your personal information with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Dennings, and they are required to maintain the confidentiality of your information.
Dennings may share Personal Information under the following circumstances:
We may share your Personal Information to respond to subpoenas, court orders, or legal process, to establish or exercise our legal rights, to defend against legal claims or in such circumstances where, in our judgment, disclosure is required or appropriate.
We may share your Personal Information if we believe it is necessary in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our various terms of service or as otherwise required by law.
A “cookie” is a small amount of data, which typically includes an anonymous unique identifier, that is sent to your browser and stored on your computer’s hard drive when you view a Web page, an advertisement, a video or other types of content. You can configure your browser to accept all cookies, reject all cookies or notify you when a cookie is set. If you reject all cookies, or specifically reject cookies set by Dennings, you may not be able to take full advantage of features of the Dennings Service that require you to be signed in to your account or otherwise identify yourself.
Identify you as an account holder.
Require you to re-enter your password after a certain period of time has elapsed to protect you against others accidentally accessing your account contents.
Keep track of preferences you specify while you are using Dennings’s Sites, Services and Software.
Diagnose and prevent service or technology problems reported by our users or engineers.
Estimate and report our total audience size and traffic.
Conduct research to improve the Dennings Service.
INFORMATION RELATING TO CHILDREN
We do not knowingly collect or solicit Personal Information from children under the age of 18. If you are a minor under 18, we recommend you to register or attempt to register for any of our products, services, websites and applications or send any of your personal information to us if and only if you have acquired prior consent from a person with parental responsibilities for you, such as your parents. Dennings does not take any steps to verify the age you have provided us.
If you believe that we might have collected Personal Information from your minor whom you have parental responsibility with and would like to request us to delete the personal information of your minor, please contact us.
DATA WE COLLECT OTHER THAN PERSONAL INFORMATION
In addition to Personal Information, we collect data on your use and interaction with the Dennings Service. Data which we obtain about you, other than Personal Information, is the exclusive property of Dennings and may be used by Dennings in any manner permitted by applicable laws.
RETENTION OF PERSONAL INFORMATION AND OTHER DATA
Dennings reserves the right to retain your Personal Information, other data collected about you and content you submit to or through the Dennings Service to the extent required by applicable laws, rules and regulations and as reasonably necessary to protect our legal interests and operate our business.
DATA TRANSMISSION AND STORAGE
No data transmission over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
ACCESS AND CORRECTION OF PERSONAL INFORMATION
Your personal information will be kept in our database for a reasonable period. If you are the subject of the personal information, you have the right to check whether we hold your personal information, to obtain a copy of such information and to correct any related information which is inaccurate or outdated.
You may also request to delete your personal information. However, Dennings aims to maintain our services in a manner that protects your personal information from accidental or malicious destruction. Because of this, after you have deleted your personal information from our services, we may not immediately delete residual copies from our active servers and remove information from our backup systems. Dennings will remove the information you have deleted within reasonable time if such information is no longer necessary for the fulfilment of the purposes for which the information is used. If you have request, please send us.
When updating or deleting your personal information, we may ask you to verify your identity before we can act on your request.
Dennings may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
The Dennings Service is hosted in Hong Kong. If you use the Dennings Service from outside of Hong Kong, you acknowledge that you are voluntarily transferring information (potentially including Personal Information) to Hong Kong and agree that Dennings’ collection, use, storage and sharing of your information is exclusively subject to the laws of Hong Kong, not of the jurisdiction in which you are located.
CHANGES AND UPDATES
Terms of Service
LAST UPDATED 5 MAY 2016
This Terms of Service is a legal agreement. It governs your use of the Dennings Service. If you do not agree to the Terms of Service, please do not use the Dennings Service and for certain Dennings Service, you should not click AGREE to the terms. Let us know if you have questions.
ACCEPTANCE OF THE TERMS OF SERVICES
Dennings Limited, its affiliates, subsidiaries and parent company (collectively, “we”, “us”, “our” or “Dennings”) provides services to you. Your use of any of Dennings services, websites, applications, software or contents (collectively, the “Dennings Service”) provided on, from or through any of our application or websites and/or their forwarding websites (“Website”) is subject to these terms of service (the “Terms of Service”) in effect at the time of your use. Dennings reserves the right to update and change these Terms of Service from time to time without notice or acceptance by you, so please check this page frequently for updates and changes.
Your use of the Dennings Service may also be subject to additional terms, conditions, policies and/or agreements applicable to a specific website, service, software, service level or version (“Additional Terms”). In the event of any conflict between these Terms of Service and the Additional Terms, such Additional Terms will prevail.
By agreeing to these Terms of Service or making any use of the Dennings Service, you signify your irrevocable acceptance of these Terms of Service in effect at the time of your use. If you are an individual acting as a representative of a corporation or other legal entity which wishes to use the Dennings Service, then you represent and agree that you have the authority to accept these Terms of Service on behalf of such corporation or other legal entity and that all provisions of these Terms of Service will bind that corporation or other legal entity in place of you.
The Dennings Service is not intended for users under the age of eighteen (18). By signifying your acceptance of these Terms of Service or making any use of the Dennings Service, you represent and warrant that you are at least eighteen (18) years of age.
You may be required to register, or previously registered, for a Dennings account in order to access the functionality of some of the Dennings Service. Dennings can refuse registration of, or cancel, any account in its sole discretion at any time without reason, notice or liability.
Your account may be accessed through your social media or email or instant messaging user ID. You are responsible for maintaining the confidentiality of your login details of your Dennings account (“Credentials”) and shall not share the Credentials with anyone, and you are fully and solely responsible for all activities that occur under your Credentials, whether authorized by you or not. It is your responsibility to take adequate precautions with your Credentials and to immediately notify Dennings and the social media or email or instant messaging service provider of any unauthorized use of your Credentials.
Your own text, images, audiovisual media and any other form of intellectual property, including the data, ideas, inventions, designs, patterns and processes in such material (collectively, “Content”) that you post on or through the Dennings Service belongs to you and you may use it in any other way without restriction. But by using the Dennings Service, you are granting Dennings a nonexclusive, worldwide, royalty-free, transferable right and licence to use, reproduce, create derivative works of distribute, publicly perform and publicly display your Content on and through the Dennings Service and on and through services affiliated with Dennings, regardless of the form of media used or of whether such services now exist or are developed in the future. If you post Content on or through the Dennings Service, you represent and warrant that you have the right to post that Content and to grant the above rights to Dennings.
Dennings may preserve your Content and may also disclose such Content, with or without notice to you, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
comply with legal process;
enforce these Terms of Service;
respond to claims that your Content violates the rights of any third party; or
protect the rights, property, or personal safety of Dennings, its users and the public.
You understand that posting your Content on or through the Dennings Service is entirely voluntary and will expose your Content to public display in a non-confidential manner. You understand that Dennings and/or any past, present or future client of Dennings (each, a “Client”) may view your Content and may develop or have developed Content which is identical or similar to yours, may already know of such Content from other sources or may have taken or will take some other action with respect to such Content. Therefore, you represent and agree to all of the following and acknowledge that Dennings and its Clients are explicitly relying on such representations and agreement with regard to your Content:
The Content represents your own original work and you have all necessary rights to disclose the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed by the Content being viewed and used as described in these Terms of Service.
Your disclosure of the Content does not violate a confidential relationship with any third party, establish a confidential relationship with Dennings or any of its Clients or obligate Dennings or any of its Clients to treat your Content (or any related materials) as secret or confidential.
Dennings and/or any of its Clients may give your Content such consideration as is warranted by their respective judgments. Review of your Content shall not be construed as any recognition of the novelty or originality of the Content. Neither Dennings nor any of its Clients is obligated to give reasons for making use of or rejecting your Content or to reveal its activities that are related to your Content.
Neither Dennings nor any of its Clients has any obligation, either express or implied, to make any use of your Content. However, if Dennings and/or any of its Clients do make use of your Content, whether such use is intentional or inadvertent, no compensation will be due to you or anyone else for the use of your Content or the use of any data, ideas, inventions, designs, patterns and/or processes similar to, related to or derived from your Content.
Neither Dennings nor any of its Clients assumes any obligation with respect to any of your Content except as set forth in these Terms of Service, unless and until it enters into a separate written contract with you, and then only as expressed in that separate written contract. In the absence of a separate written contract, your rights with regard to Dennings or any of its Clients’ user of your Content shall be as described in these Terms of Service and as existing under the laws of Hong Kong.
If your Content is the subject of a pending or issued patent, you have disclosed or will disclose that fact in connection with posting your Content on or through the Dennings Service. To the extent you hold a patent in the Content, no licence under any patent is herein granted. Any licence to use patented Content shall be in the form of a separate written contract, in which event your, Dennings’s and/or any of its Clients’ respective obligations shall be only those expressed in such separate written contract.
Neither the discussion or negotiations between you, on the one hand, and Dennings and/or any of its Clients, on the other hand, relating to the possible purchase or license of your Content, nor the making of any offer for the purchase or license of your Content, shall prejudice Dennings and/or any of its Clients in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of your Content. Further, Dennings’s and/or any of its Clients’ consideration, discussions or negotiations with you will not in any way impair Dennings’s and/or any of its Clients’ right to contest the validity or infringement of your rights in and to the Content.
You hereby irrevocably release and forever discharge Dennings and its Clients and their affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against the Released Parties or their successors and assigns with respect to the Content, including without limitation in respect of how the Released Parties, directly or indirectly, use the Content, with the sole exception that the foregoing release and discharge does not apply to your right to bring a claim of patent infringement arising from use of your Content.
Content posted by another person or company on or through the Dennings Service belongs to the poster. Except as expressly permitted in these Terms of Service, you do not have the right to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to you, other than viewing of the Content on or through the Dennings Service as Dennings may make available.
Dennings owns the Dennings Service as a whole, including all computer code, graphics, user interfaces and audiovisual content used to provide the Dennings Service, and the combination of all the elements on the Dennings Service. They are all copyrighted works of Dennings. Various other aspects of the Dennings Service may be protected by intellectual property laws including laws of copyright, trademark, service mark, patent and trade secret.
Dennings owns all right, title and interest in and to the Dennings Service. Dennings reserves all rights to the Dennings Service that are not expressly granted herein. By way of example only, and not limitation, you do not have the right to modify, adapt, translate, or reverse engineer any portion of the Dennings Service and you do not have the right to index or aggregate any portion of the Dennings Service (either by hand or by means of a robot, spider, or other device). Nothing in these Terms of Service will be construed as granting you any property rights in the Dennings Service or to any invention or any patent, copyright, trademark or other intellectual property right that has been issued, or that may issue, based on the Dennings Service.
CODE OF CONDUCT
Dennings has the right, but not the obligation, to remove or block Content from the Dennings Service that it determines in its sole discretion to be in violation of these Terms of Service, to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property or that is detrimental to the quality or intended spirit of the Dennings Service. Dennings also has the right, but not the obligation, to limit or revoke the privileges of the account of anyone who posts such Content or engages in such behaviour.
Dennings will use common and business sense regarding Content or behavior allowed on or through the Dennings Service. Examples of unacceptable Content or behaviour include:
Abuse, harassment, threats, flaming or intimidation of any person or organization.
Engaging in or contributing to any illegal activity or activity that violates others’ rights.
Use of derogatory, discriminatory or excessively graphic language.
Providing information that is false, misleading or inaccurate.
Hacking or modifying the Dennings Service or another website to falsely imply an association with Dennings.
Implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization.
Transmitting worms, viruses or harmful software.
Sending unwanted messages or spam to other users.
Disclosing personal or proprietary information of another person or organization.
Interfering with or disrupting the Dennings Service or servers or networks connected to the Dennings Service.
Transferring or assigning your Dennings Account to any third party without our prior written approval, and such any assignment by you will be null and void.
Dennings cannot and need not control all Content posted by third parties on or through the Dennings Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Dennings Service you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable and you agree that in no circumstances will Dennings be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. All information provided on or via the Website is for information purposes only. You should seek your own independent advice with respect to any Content. If you would like to report objectionable materials, you may use the flagging feature by clicking the “Inappropriate” link attached to every topic post and reply. Urgent issues can be reported to email@example.com.
The Dennings Service is hosted in Hong Kong. If you use the Dennings Service from outside of Hong Kong, you acknowledge that you are voluntarily transferring information (potentially including personally-identifiable information) and Content to Hong Kong and agree that Dennings’s collection, use, storage and sharing of your information and Content is exclusively subject to the laws of Hong Kong, not of the jurisdiction in which you are located.
You will comply with all Hong Kong laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located.
Copyright Infringement Notices. If you believe that any material available on or through the Dennings Service violates your copyright, you may send Dennings a copyright infringement notice. Your notice must be sent to us in writing and must include substantially all of the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dennings to locate the material.
Complete URLs or link or saved image for each instance of the allegedly infringing material.
Your confirmation that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
Your confirmation that the information in the copyright infringement notice is accurate, and you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please be aware that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Copyright Abuse Policy. Dennings will terminate, in appropriate circumstances, account holders of Dennings’s system or network who are repeat copyright infringers.
CANCELLATION AND TERMINATION
Dennings, in its sole discretion, may terminate your account and remove and discard any Content within the Dennings Service for any reason, including and without limitation lack of use, or if Dennings believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. In such event, any contracts, verbal or written or assumed, in conjunction with your account and all its parts, at Dennings’s discretion, will be terminated as well.
Dennings, in its sole discretion and at any time, may discontinue providing the Dennings Service, or any part thereof, with or without notice. Any termination of your access to the Dennings Service under any provision of these Terms of Service may be effected without prior notice. Dennings may immediately deactivate or delete your account, as applicable, and all related information and Content and bar any further access to such information, Content or to the Dennings Service. Dennings will not be liable to you or any third party for any termination of your access to the Dennings Service.
After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and Content in your account or that you have stored on the Dennings Service may be, but is not required to be, deleted by Dennings. Dennings will have no liability for information or Content that is deleted due to the cancellation or termination of your account for any reason.
If you are a member of a private community, and that private community is cancelled or terminated, Content posted to that private community will no longer be available to you. Such Content may be, but is not required to be, deleted by Dennings. Dennings will have no liability for information or Content that is deleted due to the cancellation or termination of a private community.
ADDITIONAL TERMS APPLICABLE ONLY TO CLIENTS
If you are a Client of the Dennings Service, the following terms also apply to you.
Subscriptions to the Dennings Service may be made available in free or paid versions and/or in different service levels. Not all of the features and functionality of the Dennings Service may be available in each version or service level. The features and functionality of each version or service level may be changed from time to time at Dennings’s discretion.
In order to subscribe to the Dennings Service, you may be required to provide Dennings with billing and account information (“Billing Information”) for a credit card, payment card or another payment system for which you are authorized to approve charges (each, a “Payment Source”) to allow Dennings to collect payment from you for your use of the Dennings Service. You must provide Dennings with, update and keep such Billing Information true, accurate, current and complete.
Unless other payment arrangements have been made in advance and confirmed by Dennings, you authorize Dennings to automatically and immediately bill your Payment Source when charges for your use of the paid version of the Dennings Service are due, without any further action on your part or other prior notice on the part of Dennings. You assume full responsibility for such charges, even if such charges are declined or not paid by your Payment Source.
If you register to use a paid version of the Dennings Service on a free-trial basis and you do not cancel the trial before the expiration of the trial period, then, upon the expiration of the trial period, your account may be automatically converted to a paid account and, unless other payment arrangements have been made in advance and confirmed by Dennings, your Payment Source will be billed for that paid Dennings Service.
If your Payment Source is invalid, if charges billed to your Payment Source are declined or not paid or if you fail to pay charges for a paid version of the Dennings Service when due, your account may be downgraded, suspended or cancelled, at Dennings’s discretion. If your account is suspended, Dennings may, but is not obligated to, maintain your account and/or related content and information, in order to allow you pay the past-due charges and restore your account.
Unless stated to the contrary, all charges for paid versions of the Dennings Service are non-refundable, even if your use of the paid version of the Dennings Service is cancelled before the end of your current billing period.
You are solely responsible for any and all taxes, levies, charges and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by Dennings. All fees stated for use of the Dennings Service are net of any applicable taxes.
You may not assign your subscription to the Dennings Service, and such any assignment by you will be null and void; provided, however, that you may assign your subscription to the Dennings Service to its successor in interest in connection with the sale of your business as a going concern or in connection with the sale of all, or substantially all, of your assets.
We may, in our sole discretion and with or without notice, vary, modify or discontinue the Dennings Service or any part of them without notice.
You acknowledge that:
The information on the Dennings Service, in particular our applications and Website are provided to you on an “As Is” and “As Available” basis, without warranty or condition, either express or implied by statute or common law, including without limitation any implied warranties or conditions of accuracy, fitness for a particular purpose, non-infringement, uninterrupted use, reliability, security, timeliness or freedom from computer virus in relation to such contents. We will not be liable for any errors in, omissions from, misstatements or misrepresentations (whether express or implied) concerning any such information.
The Dennings Service may contain materials contributed by third parties and link to external website. We expressly declare that we have not approved or endorsed those materials or links. Such external websites are not within our control and may not follow the same privacy, security, or accessibility standards as ours. The provision of any such materials or links shall not constitute any form of cooperation or affiliation with us of any such third parties or external websites nor gives rise to any representation, statement or warranty, express or implied, that we agree or do not disagree with the contents of any such materials or external websites.
We will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the information delivered on the Dennings Service or inability to use any of the Dennings Service.
We make no representation, promise, warranty, undertaking or guarantee as to the quality, resolution, completeness, accuracy, usefulness, continuity, smoothness or timeliness of the Dennings Service.
Nothing you do on or in relation to the Dennings Service will transfer any intellectual property rights to you or license you to exercise any intellectual property rights.
Unless explicitly stated otherwise, any new features that augment or enhance the Dennings Service shall be subject to these Terms of Service.
We may at any time employ and/or install software in any computer and/or mobile device(s) used by you, for purposes of detecting any downloading, copying, storing, ripping, distribution, sharing or re-direction of any content from the Dennings Service in any way or through any media.
LINKS AND ADVERTISEMENTS
We have no control over any third party websites and applications linked to the Dennings Service; and are not responsible for the content or accuracy of any off-site pages or any other third party websites linked to the Dennings Service (including without limitation sites linked through advertisements). Some links which appear on the Dennings Service are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. Your correspondence or dealings with, or participation in promotions of, advertisers on the Dennings Service are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links and advertisements on the Dennings Service.
We may use third-party advertising companies to track and/or measure advertising effectiveness on the Dennings Service. These companies may use information (not including your name, address, email address or telephone number) about your visits to the Dennings Service in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.
You agree to indemnify us, our employees, sub-contractors, licensors and agents against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by us which arise out of or from your use or misuse of the Dennings Service, any specific services or features associated therewith, including but not limited to our mobile application distributors’ services, payment on any third party platform, and breach of these Terms of Service, whether or not based on contract, tort (including negligence), misstatement, misrepresentation or otherwise.
LIMITATION OF LIABILITY
Under no circumstances shall Dennings or its licensors be liable to you on account of that user’s use or misuse of or reliance on the Dennings Service arising from any claim relating to these Terms of Service. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Dennings or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Dennings Service, from inability to use the Dennings Service, or from the interruption, suspension, or termination of the Dennings Service (including such damages incurred by third parties). This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the Dennings Service or any information or merchandise that appears on, or is linked or related in any way to Dennings. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
These Terms of Service shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without giving effect to its conflict of laws provisions or your actual state or country of residence.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service).
Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Dennings.