DartoryDartory

Dartory Terms and Conditions

Last Updated: September 11, 2017

Welcome to Binatir Limited

By accessing the Dartory application or the website found at dartory.com whether through a mobile device, mobile application or computer (collectively, the "Service") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you create a Dartory account. If you wish to create a Dartory account and make use of the Service, please read these Terms of Use.

These Terms govern your rights and obligations (whether as a guest or a registered user) regarding the access and/or use of Dartory's website, mobile application or any Internet service (including any associated software supplied by Dartory) (collectively referred to as "Platform") under Dartory's control or ownership. These Terms constitute a legally binding agreement between Binatir Limited (including all its subsidiaries, related and/or associated companies) (these entities are collectively referred to as "Dartory", "we", "us" or "our"), the proprietor of all rights in and to the Platform and/or Service, and you, the user of the Platform and/or Service.

1. Definitions and Interpretation

1.1 In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise:

"App" shall mean Dartory, the software provided by Binatir Limited, supplied by us and downloaded and installed by you on your mobile device through which you may obtain the Services.

"Brands" shall mean a company/brand who has signed up to our services, can purchase a marketing package.

"Dartory lists" shall mean a user who has signed up to our services, passed the basic requirements set forth by Dartory to prove his or her ability to provide services to Dartory’s clients and generate content for Dartory’s clients.

"Hong Kong" shall mean Hong Kong Special Administrative Region of the People's Republic of China.

1.2 Headings are for convenience only and do not affect interpretation. The singular includes the plural and the masculine shall include the feminine and neuter and vice versa.

1.3 A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.

2. License of App

2.1 Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable licence to download and install one copy of the App on your mobile device and to run such copy of the App solely for your own personal use.

2.2 Your use of Dartory grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to the App and applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms.

2.3 You must not:

  1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way;
  2. modify or make derivative works based upon the Services or App;
  3. create Internet "links" to the Services or "frame" or "mirror" any App on any other server or wireless or Internet-based device;
  4. reverse engineer or access the App in order to:
    • design or build a competitive product or service,
    • design or build a product using similar ideas, features, functions or graphics of the Services or App, or
    • copy any ideas, features, functions or graphics of the Services or App;
  5. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or App;
  6. remove any copyright, trademark or other proprietary notices from any portion of the Services;
  7. attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

3. Services

Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

4. Ethics

4.1 At Dartory we believe that consumers always come first with sponsored posts. Therefore both Brands and Dartorylists need to ensure that no campaign or post is false or misleading.

4.2 Dartory mandates that users comply with the Trade Descriptions Ordinance, Chapter 362, Laws of Hong Kong and all applicable laws and regulations, including but not limited to the Trade Descriptions Ordinance.

5. Term and Termination

This Agreement will remain in full force and effect while you use the Service and/or have a registered account with Dartory. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

6. Your Responsibility

6.1 You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most Content you submit, post, or display through the Service will be able to be viewed by other users and others that you may share it with. You should only provide Content that you are comfortable sharing with others under these Terms.

6.2 You may use the Services only if you can form a binding contract with Dartory and are not a person barred from receiving services under the laws of Hong Kong or other applicable jurisdiction. You agree that you are at least 16 years old. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

6.3 The Services that Dartory provides are always evolving and the form and nature of the Services that Dartory provides may change from time to time without prior notice to you. In addition, Dartory may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

7. Privacy

Any information that you or other users provide to Dartory is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer, storage, processing and use by Dartory. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements, notifications and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.

8. Log-in and Passwords

8.1 You agree that you shall take all steps necessary to protect your login details (username and password) for the Service and keep them secret. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account.

8.2 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases or sales) and agree to fully compensate us for any losses or harm that may result.

8.3 We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.

9. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not be able to monitor or control every piece of Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We cannot and do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Dartory be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof. Dartory will not be responsible or liable for any use of your Content in accordance with these Terms. You represent and warrant that you have all the intellectual and property rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

10. Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant Dartory a worldwide, non-exclusive, royalty-free license to use, process, transmit, and distribute such Content in association with the marketing and promotion of the Dartory Services. We will never license or sublicense your work without your express permission.

11. Your License To Use the Services

Dartory gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Dartory as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Dartory, in the manner permitted by these Terms.

12. Disclaimer and Exclusion of Liability

You acknowledge that:

12.1 In accessing the Services, you have relied on your own skill and judgment in the use in determining its sufficiency for the use and results which you intend.

12.2 No promise, representation or warranty has been made by Dartory in respect of the profitability, benefits or any other consequence in the use of the Site, or in respect of the suitability of the Site to the operations, business or needs of.

12.3 The Services are provided "as is," and Dartory hereby expressly disclaims any and all warranties of any kind or nature, whether express, implied, or statutory. Dartory does not warrant or represent that the Site will be free from bugs or that the use of Site will be uninterrupted or error free, and Dartory does not make any other representations regarding the use, or the results of use, of the Site in terms of accuracy, reliability, or otherwise.

12.4 Dartory shall not be liable for any loss of use or goodwill, interruption of business, loss or inaccuracy of business information or data, lost profits, cost of procurement of substitute services, or any indirect, special, incidental, exemplary, or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if it has been advised of the possibility of such damages.

12.5 In no event shall Dartory, its agents, successors, subsidiaries, affiliates or assigns, and each of their respective officers, directors, employees be liable to any User of the Site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the Site or any information or images contained thereon or stored or maintained by Dartory, whether based on warranty, contract, tort, or otherwise, even if Dartory has been advised of or should have known of the possibility of such damages or losses.

12.6 In no event shall the total liability of Dartory, its agents, successors, subsidiaries, affiliates or assigns, and each of their respective officers, directors, employees, for all damages, losses, and causes of action resulting from User’s use of the Site, whether in contract, tort (including, but not limited to negligence) or otherwise, exceed the amount paid to Dartory for the applicable license. Without limiting the foregoing, in no event shall Dartory, its divisions, agents, successors, subsidiaries, affiliates or assigns, and each of their respective officers, directors, employees, have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any image or data or information contained in a User Account or otherwise stored by or on behalf of Dartory.

12.7 The rights and obligations of each of the parties under this paragraph (Disclaimer and Exclusion of Liability) will survive expiration or termination of these Terms of Use.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Hong Kong. Both you and us agree to submit to the exclusive jurisdiction of the courts of Hong Kong as regards any dispute or matter arising under these Terms.

14. Contact

If you have any questions about these Terms, please contact us at:

Binatir Limited
[email protected]