Company:EastPoint technology limited
Address:UNIT E01, 10/F,
WONG KING IND BUILDING, 2-4 , TAI YAU STREET, SAN PO KONG HONG KONG
Email:Wechill2026@outlook.com
Non-binding summary of ToS
This is an overview of some of the important rights and obligations as
set out in the Articles below. It serves as a quick reference, which
means that the summary is not meant to be complete and that only the
numbered Articles of these Terms of Use below are legally binding.
Therefore, please read these Terms of Use thoroughly for a full
understanding of your rights and obligations.
Your rights:
We provide you a license to install the App on your Device for
your own personal use;
You may use the App if your 18 years or
older and on the further conditions mentioned in Article 2.1;
You
may terminate your use of the Service and the App at any time by
deleting your account;
You may purchase Premium Services or paid
Content. Your rights related to Premium Services or Paid Content are set
out in Article 7. Participation in our Loyalty programme.
Your
obligations:
While using the App, you must comply with the
Platform Civility Convention . You may not use the App for
illegal purposes or for the purpose of harming the App or its users in
any way.
You may not mislead other users of the App, which among
other things means that you may not use fake profiles or impersonate
others. Although it is prohibited, you should be aware that other users
may attempt to mislead you by using fake profiles or by impersonating
others;
You are responsible for the Content that you share. Other
users are responsible for the Content they share in the same way. We do
not endorse any Content.
You are responsible for reading our
Privacy Policy and understanding its terms.
The following subjects
will be discussed in these Terms of Use:
1.Introduction
2.Eligibility
3.Description of the App and the Services
4.Intellectual Property
5.Content and Behaviour
6.Your
Data
7.Premium Services and paid Content
8.Third Parties
9.Termination
10.Liability
11.General
12.Introduction
Please read carefully the following
provisions of these Terms and Conditions of Use (“Terms”) to ensure that
you understand its contents before you use our software programs and
related documentation (the “App”) and any of the services enabled by the
App (the “Services”). (App and Services are referred to together as
(“Products”)
Should you require any further information or
technical support, please send an email to .
You may
use the Products only in compliance with these Terms and all applicable
laws, rules and regulations and you may only use the Products if you
agree to form a binding contract with us. This is a legal agreement made
between you and EastPoint technology limited (“we”, “us” or “our”), with
registered office at UNIT E01, 10/F, WONG KING IND BUILDING, 2-4 , TAI
YAU STREET, SAN PO KONG HONG KONG regarding the use of the Products on
your device. By registering yourself to use the Products you enter into
an agreement with us. If at any time you do not agree to these Terms of
Use (“Terms”) or our privacy policy, please stop using the Products.
Our Products evolve constantly. Consequently, our Products may
change from time to time at our sole discretion. We may stop
(permanently or temporarily) providing the Products or any features
within the Products to you or to users generally. We also retain the
right to create limits on use and storage at our sole discretion at any
time. We may also remove or refuse to distribute your Content on the
Services, limit distribution or visibility of any Content, suspend or
terminate users, and reclaim usernames without liability to you. We may
offer certain Products or features for a fee; by paying for or using one
of these Products, you agree to any additional terms applicable to that
Product.
We may amend, supplement or replace the conditions of
these Terms as described in Article 13.5 below. These Terms were last
updated on 1st September 2023.
13.Eligibility
You may only
use the App and/or Services if you are eighteen (18) years of age or
older and not barred from using the App or receiving the Services under
the laws of the applicable jurisdiction, and have the legal capacity and
authority to enter into this Agreement and form a binding contract with
us;
You may not use the Products if you are under 18. You may not
use the Products if you have been a convicted sex offender, accused or
convicted of any human trafficking or modern slavery crime; lacking
legal capacity; or legally prohibited, in any way, to use the Products
by the laws of the country you reside in.
You may not use the
Products if you are located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government
as a "terrorist supporting" country; and if you are listed on any U.S.
Government list of prohibited or restricted parties.
Any use,
registration or access to the Products by a person who does not fulfill
the eligibility requirements above is unauthorized, unlicensed, and in
violation of these Terms.
You represent and warrant that you are
fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations and warranties set forth in
these Terms, and to abide by and comply with the terms and conditions of
these Terms.
We may terminate your account, delete any Content or
information that you have posted on the Services, and/or prohibit you
from using or accessing the Products (or any part of the Services) if it
believes that you do not fulfill the eligibility requirements above.
Description of the App and the Services
Our aim is to give people the opportunity and ability to connect with
others around the world with real time connections and meaningful
conversations. To support this aim we provide Products, (Apps and
Services) as described below.
Enable you to connect and
communicate with people and friends effectively. We help you connect and
find people and friends across our platforms. We use the data we have to
help make personalised relevant and meaningful connections and
conversations. We use and have developed technologies and designed our
systems so that your experience is consistent and seamless to help you
connect and share, through live video, chat, text, sharing photos,
interests, music, videos and conversation.
Research ways to make
our Products and Apps better. We constantly look to improve our Products
and carry out research in order to develop and test our Products and
provide new ones. This includes analyzing data about our users and
understanding how they use our Products. This includes developing
advanced technologies such as artificial intelligence, machine learning
systems and augmented reality, so that our Products can be used safely –
for example to improve our ability to detect and remove illegal content.
Safety. Safety on our site is very important to us. We deploy
technical systems supported by dedicated teams to detect misuse of our
Products. Where we learn of improper content or conduct, we take action,
including, but not limited to blocking or disabling accounts.
Enable global access to our Products. To operate our Products on a
global basis we need to store and distribute data around the world,
including outside your country of residence.
Your Use of your Device
You warrant that you own the Device to which you are downloading the App, or that you have the legal right to control the use of that Device. You further agree to ensure that any other person whom you permit to use the Products will do so in accordance with these Terms.
New Versions of the App
We can choose to add additional features or functions, or to modify the
Products in any other way, for instance to improve performance, enhance
functionality, address changes to the operating system or address
security issues.
You may have to agree to a renewed version of the
Terms in the event you want to download, install or use any additional
features or functions or any modifications, updates or new versions of
the App.
You acknowledge that we may automatically issue any
additional features, functions, modifications, updates or upgraded
versions of the App and, accordingly, may modify, update or upgrade the
version of the App that you are using or have installed on your Device.
You hereby agree that your Device may automatically request and/or
receive such modifications, upgrades or updates.
We have no
obligation to make available to you any additional features or functions
or any modifications, updates, support, maintenance or subsequent
versions of the App or any of the Services.
No Access to Emergency Services
The Products are not intended to replace phone lines and as such are not
built to support or carry emergency calls to any type of hospitals, law
enforcement agencies, medical care units or any other kind of services
that connect a user to emergency services personnel or public safety
answering points pursuant to applicable local and or national regulatory
requirements (“Emergency Services”).
There are important
differences between traditional telephone services and the Products. You
acknowledge and agree that:
We are not required to offer access to
Emergency Services under any applicable local and/or national rules,
regulations or law;
it is your responsibility to purchase,
separately from the App, traditional wireless (cellular) or fixed line
telephone services that offer access to Emergency Services, and We are
not a replacement for your primary telephone service
Prevention of Unauthorized Use
We reserve the right to exercise whatever lawful means it deems necessary to prevent the unauthorized use of the App or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier or device manufacturer regarding such unauthorized use. If any personal data is processed for this purpose, this shall be in accordance with our Privacy Policy.
Intellectual Property Ownership
Our Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Our Products include trade secrets and information that is confidential and proprietary to us and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Products, including any related documentation and any new releases, modifications, and enhancements thereto, belong solely to us or our licensors, if any, including all intellectual property rights therein. The App is licensed to you, not sold. Except as provided in these Terms, you shall not obtain any rights, title or interests in them, and shall not modify, copy, rent, lease, loan, sell, distribute or create derivative works based on them (either in whole or in part). There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right subsisting in the App and/or Services. We hereby expressly reserve all rights in the App and all Services, which are not expressly granted to you hereunder.
License Grant
Subject to your compliance with these Terms, we grant you a personal,
limited, non-commercial, non-exclusive, non-sublicensable,
non-assignable, revocable license to download, install and use one (1)
copy of the App, in object code format, only on your personal computer
or mobile device (the “Device”) for the sole purpose of your personal
use of the App and any other applications that may be explicitly
authorized by us for use through the App as permitted by these Terms.
By submitting, posting or displaying Content on or through the
Products, you grant us a worldwide, non-exclusive, royalty-free license
(with the right to sublicense) to use, copy, reproduce, process, adapt,
modify, publish, transmit, display and distribute such Content in any
and all media or distribution methods now known or later developed (for
clarity, these rights include, for example, curating, transforming, and
translating). This license authorizes us to make your Content available
to others who may do the same.
License Restrictions
Unless applicable law expressly provides you with the right to do so,
you shall not, and you shall not permit anyone else to, directly or
indirectly:
copy, modify, adapt (including using in a collection),
translate into any language, perform, communicate with public via tools
transmitting signs, audio and visuals, distribute, or create derivative
works based on the App or any of the Services;
sublicense,
sublease, lease, lend, assign, sell, license, distribute, rent, export,
re-export or grant other rights in the App or Service and any attempt by
you to take such action shall be void;
decompile, disassemble,
reverse engineer, or attempt to reconstruct, identify, or discover any
source code, underlying ideas, underlying user interface techniques,
database or algorithms of the Products by any means whatsoever.
remove, obscure or alter any copyright and/or other proprietary
notices contained on or in or otherwise connected to the App or any of
the Services; oruse the Products to create or proliferate any virus or
to circumvent any copy protection or other digital rights management
mechanism.
Content and Behaviour Prohibited behaviour
You may not:
use the Products for any illegal or unauthorized
purpose;
use the Products in any manner which could damage,
disable, overburden or impair the App or any of the Services;
use
the Products to transmit worms, viruses or any code of a destructive or
malicious nature;
display, transmit or share any content
consisting of text, sounds, audio, pictures, photos, video and/or any
type of materials, information or communications (“Content”) deemed by
us to be hateful, threatening, pornographic, obscene, abusive, racially
or ethnically offensive, libelous or defamatory, or any Content that
exhibits physical violence or encourages conduct that would be
considered a criminal offense or bring forth civil liability;
attempt to hack, destabilize or adapt our website, the App (or its
source code) or any of the Services, or to falsely imply that another
website, app or service is affiliated with our Products; oruse or access
the Products by any means other than through the interface provided or
as required by us.
Prohibited behaviours are further described in
our Platform Civility Convention. Everyone using the App is expected to
follow the guidelines. This includes that you are only allowed to use
photos of yourself for your profile picture, that you may never lie
about your age and that you may not try to impersonate someone else’s
identity or create fake profiles in any other way.
Choosing to
share your information in the App such as photos, texts, screenshots,
videos and other communications in the App with other users, you agree
that you may no longer be able to control how that information is used
and that it may become publicly available (depending in part on your
actions or the actions of the other users with whom you have shared the
information). It is also possible that we may not be able to delete or
remove user information if another user chooses to take copies and
distribute them.
Failure to comply with the Platform Civility
Convention or these Terms may result in your account being suspended or
deactivated.
Your Content – be careful with what you share
You are solely responsible for any Content that you transmit or display
through the App or Services.
When you transmit or display Content
through the App or Services, you grant us an unconditional,
non-exclusive, royalty-free worldwide license to use, reproduce,
transmit, publish, display, distribute or otherwise use this Content in
the context of the App, the Services and promotion of the Products. You
may revoke this license by deleting the Content from the App or
Services. This does not affect any use of the Content by us prior to the
revocation.
You may not display any personal contact or banking
information on your individual profile page, or anywhere else on the App
or Service, whether in relation to you or any other person (for example:
home addresses or postcodes, telephone numbers, email addresses, URLs,
credit/debit card or other banking details). If you do choose to reveal
any personal information about yourself to other users, whether via
email or otherwise, you acknowledge that you do so at your own risk.
If you share Content that is protected by intellectual property
rights, you represent and warrant that you are the creator and owner of
or have the necessary rights to transmit, display, perform or adapt the
Content and you agree to pay for all royalties, fees, and any other
monies owed to any person by reason of any of your Content.
The
Content you transmit, display, perform or adapt may not:
infringe,
violate, or misappropriate any third-party right, including any
copyright, trademark, patent, trade secret, moral right, privacy right,
right of publicity, or any other intellectual property or proprietary
right,
be incorrect or misleading;
slander, defame, libel,
or invade the right of privacy, publicity or other property rights of
any other person.
If you do not comply with the above, you may be
subject to criminal and civil liability and we have a right to
immediately (permanently or temporarily) terminate your account and/or
delete or make unavailable (parts of) the relevant Content.
Other Users’ Content
Although this is not allowed under Our Platform Civility Convention and these Terms, you understand and acknowledge that the Content, including but not limited to information regarding personal and physical appearance, transmitted, displayed or communicated by other users through the Products may be incorrect, misleading, or edited electronically in a manner that does not accurately represent such user’ actual information or physical appearance, or may violate your or third parties’ personal or intellectual property rights.
Your data
We process and store your data in compliance with our
Privacy Policy.
You understand that we can use
carrier distributed mobile messaging (SMS) to verify ownership of
registered mobile phone numbers in relation to the users of the App or
Services. We use carrier distributed mobile messaging for verification
purposes and we will do so only in accordance with its
Privacy Policy.
We will use reasonable efforts to
store or otherwise retain your Content in relation to the Products.
You can choose to provide comments, suggestions, or feedback
relating to the Products (the “Feedback”) to us through the Feedback
submission channels provided to you or the “review” pages of the
Application Stores. You agree that we will have an exclusive license to
all rights to the Feedback and will be entitled to use the Feedback for
any commercial or other purpose whatsoever, without any compensation or
attribution to you or any other person. we will not be required to treat
any Feedback as confidential. You agree that you do not acquire any
right in or to the Products (or any changes, modifications or
corrections thereto) by virtue of any Feedback. You also acknowledge
that you are responsible for whatever material is submitted by you,
including its legality, reliability, appropriateness, originality, and
copyright.
Premium Services, Paid Content, Loyalty Programme
Premium Services
and other Paid Content and items
From time to time, we may provide additional features and/or Services
that you request and pay for (“Premium Services''). We may also offer
from time to time in its sole discretion, certain Premium Services and
certain paid Content and items as part of the Products for free, whether
for a trial period or otherwise. Unless expressly stated otherwise,
references made in these Terms to the “Services'' shall include the
Premium Services and all types of paid Content and items offered under
the Services.
Any payment for the Premium Services and any paid
Content and items offered under the App or Services that you purchase
will first be made using the paid coins that you have purchased via the
App. Only after all of your paid coins have been consumed, you then may
use your free coins (if any) to pay for such Premium Services and paid
Content and items.
Subject to our sole discretion, the Premium
Service and paid Content and items under the App or Services may be
offered either on a subscription basis, per usage basis or as otherwise
described at the time of your purchase, and may be payable either in
advance, in arrears, per usage, or as otherwise described at the time of
your purchase.
If you purchase any Premium Service and/or any paid
Content and items offered under the Services or App, you hereby agree to
pay all charges to your account, including all applicable taxes and
transaction costs, in accordance with our standard billing terms in
effect at the time the charges are payable, regardless of whether such
costs are charged by the Application Stores ( for example, but not
limited to Google’s Play Store or Apple’s App store). Before your
purchase, the full and final price of any Premium Service and/or any
paid Content will be displayed.
You agree to abide by any relevant
third parties’ terms of service or other legal agreements that govern
your use of a given payment processing service and/or method in relation
to the App or Services.
If you purchase Premium Services and/or
any paid Content and items under the Services on a subscription basis,
you acknowledge and agree that payments will be made on a recurring
basis and by the payment method and payment intervals you have selected,
until such subscription for Premium Services and/or paid Content and
items is terminated.
We may use personalized pricing, that may be
dependent on your location or the payment channel that you use.
Refunds
When you purchase any Premium Service and/or any paid Content or item,
you purchase digital content that we supply. Before you make the
purchase, you consent to us immediately performing the Service or
delivering the Content or item after your purchase. As a consequence of
this consent, you can no longer request a refund for that particular
Service, Content or item based on your right to withdraw from a consumer
purchase. The following Articles 7.10 and 7.11 only apply in a situation
where you made a purchase without giving consent to immediately perform
the Service or deliver the Content of the item.
You may request a
full refund for any Premium Service and/or any paid Content and item
purchased from an Application Store if permitted by, and pursuant to the
refund rules of the Application Store, subject to the following
exceptions: (1) refunds are not available to users who are banned by us
and/or its community; and (2) refunds are not available for partially
used purchases.
You may request a refund for any Premium Service
and/or any paid Content and item purchased outside of the Application
Store within 14 days of purchase by contacting our customer service (see
contact details at Article 1.3 above) or by filling in the form attached
to these Terms and Conditions, subject to the following exceptions: (1)
refunds are not available if they are not permitted by payment channels
and/or platforms; and (2) full refunds are not available for partially
used purchases. You acknowledge that, upon a successful request, your
money will be refunded in the same manner you used to make the original
payment.
Loyalty Programme
As part of your use of the App and the Services you are automatically
part of the App loyalty programme, which rewards you for your use of the
Services according to the Loyalty programme terms. You will receive
updates regarding your Loyalty programme rewards via the Loyalty
programme notification. You will also see the Loyalty programme rewards
in your account in the App.
The Loyalty Programme will send to you
notifications only about your rewards.
The Loyalty Programme may
be changed, amended or cancelled by us at anytime and in our sole
discretion.
Termination
Termination by You
You may terminate your use of the App and or Services at any time by deleting your account.
Termination by us
Without limiting any other remedies, we may limit, suspend, discontinue
or terminate these Terms, your account and/or your use of all or any
part of the App and/or Services, with immediate effect, automatically,
with or without notice, if we believe that you are or may be:
in
breach of any of the terms of these Terms;
causing, or threatening
to cause us to incur any legal liabilities (actual or potential);
delinquent with respect to any charges due for a Premium Service
and/or any paid Content and items;
infringing a third party’s
intellectual property rights or personal rights or performing any
forbidden activity listed under Article 4.3; orengaging in prohibited
behaviours listed under Article 5.1, including but not limited to child
abuse, prostitution, pornography, discrimination based on age, sex,
gender, ethnicity, nationality, profession, political stance, religion,
scamming, consumption of illegal drugs or substances.
Consequences of termination
In case of termination of your account by you or by us, for whatever
reason, your license to use the Service will immediately end and any
Premium Service you may have subscribed to will also end and any paid
Content you may have in your account will be deleted. After termination
of your account, you will not be entitled to a refund for any paid
Content or Premium Services that were connected to your account prior to
termination.
If you have subscribed to any Premium Service and/or
any paid Content, you agree that you are solely responsible for directly
terminating all payment obligations you may have with any Application
Store and/or payment processing service in connection with such Premium
Service and/or paid Content.
1.Liability
We are not liable for any damages based on your use of the App or the
Services, your ability to use the App or the Services or in any way or
for any failures in the App or Services. Your access to and use of the
Services and App or any content is at your own risk. You understand and
agree that the Services are provided to you on an “As Is” and “As
Available basis”.
If we are liable for any event, this liability
shall be limited to direct damages. This means that we are not liable
for, among other things, any consequential, indirect or reputational
damages, any loss, deletion, destruction or damage of or to your
personal rights, your data, your personal data or your device.
As
some jurisdictions do not allow the enforcement of some of the
exclusions or limitations set forth in these Terms, some of these
exclusions or limitations may not apply to you. In such an event, our
liability will be limited to the maximum extent possible under
applicable law. Our liability for damages will never exceed the amount
of € 150,- per event. These limitations of liability also apply with
respect to damages incurred by you by reason of any products or services
sold or provided by third parties other than by us and received through
or advertised on the App or any of the Services.
Any limitations
of liability as set out above do not apply insofar as the damage has
resulted from willful misconduct or gross negligence on our part.
2.Indemnification
You hereby agree to indemnify defend and hold us harmless, as well as our licensors, partners, and our respective affiliates, officers, directors, employees, contractors and suppliers (individually and collectively ), from and against any and all claims, actions, liability, damages and costs, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of:
3.your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein;
4.your violation of any rights of any third party;
5.your use or misuse of the Products; or
6.your Content or other communication displayed or transmitted by means of the Products.
The above indemnification applies even if a court, an administrative
agency or any other dispute resolving or investigating body decides we
shall be held liable and/or imposes sanction on us.
If you
downloaded the App from the Application Stores, you acknowledge that, if
there is a claim by any third party that the Products or your possession
and use of the Products infringes any intellectual property rights, only
we are responsible for the investigation, defense, settlement and
discharge of such claim. We can exclusively defend and control any
matter for which you indemnify us, at your expense. You agree to
cooperate with our defense of these claims, and you will not settle any
matter without our prior written consent.
7.Warranties
The Products are provided to you “as is” and “as available” with no
warranties. We hereby, to the fullest extent possible, disclaim all
warranties, terms, or conditions, express or implied, either in fact or
by operation of law, statutory or otherwise, including, without
limitation, warranties, terms or conditions of merchantability, fitness
for a particular purpose, satisfactory quality, correspondence with
description, title, non-infringement, and accuracy of information
generated.
We do not warrant that the Content displayed or
transmitted on or through the Products will be uninterrupted, or free of
errors, viruses or other harmful components, and do not warrant that any
of the foregoing will be corrected. We do not warrant or make any
representations regarding the use of, or the results from the use of,
the App or Services.
Accordingly, you acknowledge and agree that
we (and any Application Stores from which you downloaded the App) will
have no liability in connection with or arising from your use of the App
and/or any of the Services. Your only right or remedy with respect to
any problems or dissatisfaction with the App and/or any of the Services
is to immediately uninstall the App and cease use of the App and all
Services. You further acknowledge that we (and Apple or Google, as
providers of Application Stores, where relevant) have no obligation
whatsoever to provide any maintenance or support services with respect
to the App and/or Services.
8.General
Device errors
We do not guarantee the validity or compatibility of the App and/or Services to your device and we are not responsible for your damages and losses which arose due to faults, bugs, troubles on your Device, App, information systems, online access point and network, errors of design, interface, linking, virus infection, disconnection from network, power outages and voltage volatility, regardless of whether such damages and losses were foreseeable or advised to us.
Claims
If you downloaded the App from the Application Stores, you acknowledge that the providers of those Application Stores shall have no responsibility for addressing any claims relating to the Products or your possession and/or use of the App or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Products fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, without prejudice to this Article 10.
Basis of the Bargain
You acknowledge and agree that we have offered the App and/or Services and set its prices in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and us, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and us. We would not be able to provide the Products to you on an economically reasonable basis without these limitations.
Notices
We may provide you with notices by email, notifications through the App or posts on our website. For notices provided via emails, such notice will be deemed to be given twenty-four (24) hours after the email is sent. You are responsible for providing us with your accurate contact details at all times. Notice provided through the App shall be deemed to be given at the time you read or view it. Notice posted on our website shall be deemed to be given ten (10) days following the initial posting. We reserve the right to determine the form and means of providing notifications to its users.
Amendments
We reserve the right to amend the Terms at any time. We will publish the revised Terms on our website and provide notice of such amendment by email or a notification through the App. The revised Terms shall become effective following the applicable notice period unless you expressly accept the revised Terms earlier by clicking on the accept button (where relevant). Your express acceptance or continued use of the Products after the applicable notice period shall constitute your acceptance to be bound by the terms and conditions of the revised Terms.
Assignment
You are not allowed to assign these Terms or any rights or obligations hereunder. We are allowed at its sole discretion to assign these Terms and any rights hereunder to any third party, without giving any prior notice, and you hereby provide your consent to such assignment. In case of assignment to a third party, you are allowed to terminate your use of the Services and App by deleting your account.
Entire Agreement and Severability
These Terms and our other policies mentioned herein represent the
complete agreement concerning the matters covered. These Terms may be
amended only in writing executed by both parties, except as set forth
under Amendments above. If any provision of these Terms is held to be
unenforceable, such provision shall be modified only to the extent
necessary to make it enforceable and shall not affect the enforceability
or validity of the remaining provisions, which shall remain in full
force and effect.
The provisions referred to in these Terms apply
to the extent that such are permitted under applicable law. In the event
that certain provisions are not permitted, those provisions shall not
apply to you, while the other provisions shall continue to apply.
Waiver
Should we not exercise or enforce any right or provision of these Terms, this will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
Headings
The heading references used in these Terms are for convenience purposes only and do not constitute a part of the Terms and will not be deemed to limit or affect any of the provisions hereof.
Injunctive Relief
You acknowledge that the obligations you agree to undertake with these Terms are of a unique and irreplaceable nature, and that failure to comply with them shall irreparably harm us and that such failure cannot be compensated by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
Applicable Law
These terms are governed and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are beneficial for you, such provisions shall apply irrespective of the choice of Irish law.
EastPoint technology limited,
UNIT E01, 10/F, WONG KING IND BUILDING, 2-4 , TAI YAU STREET, SAN PO KONG HONG KONG