Terms and Conditions - foneVillage

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foneVillage Terms of Service and Use: Welcome to foneVillage! By registering for your foneVillage account, you agree that you have read and accept these Terms of Service and Use including any future amendments (collectively, the "Agreement"). foneVillage (hereafter, the "Service") is operated as a service by Vantage Holdings Ltd (hereafter "Vantage"). Although we may attempt to notify you via your email address or by other means when major changes are made, you should visit our web page periodically to review the terms. Vantage may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the service. In the event of an inconsistency among different language versions of this or other documents, the English language version shall control. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.You understand and agree that the Service may include content-targeted ads or other related targeted information, as further described below. In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Vantage Vantage also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

I. Terms of Service for Users

1. Description of Services Offered to Users.

The Service will enable you to receive promotional offers from third parties through your mobile phone. An integral part of the Service may include third party advertising or marketing messages with the Service. Vantage will use reasonable endeavours to ensure that the Information contained within the Service, including information regarding promotional offers, is taken from reputable sources. However, no warranty is given as to the accuracy or supply of Information. We do not accept any liability for the use made by you of the Information, nor do we warrant that the supply of the Information will be uninterrupted. Any use made of the Service by you is on an "as is" and an "as available" basis. Without limiting the above, Vantage does not control telephones, third party communications networks (including your telecommunications and/or Internet service providers) or the Internet or the acts of third parties. You must remember that any Information you access via the Service, whether or not it is classified as "real time", may have ceased to be current by the time it reaches you, your computer or mobile phone.

1.1 Privacy

Any information that you submit or we collect when you are using the Service is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Service.

1.2 Equipment

You are responsible for obtaining, updating and paying for all telecommunications equipment, computer equipment, software or other access devices necessary to access the Service and for all amounts payable in respect of connection to all and any parts of the Service including any telecommunications charges for time spent using the Service. If you wish to use some parts of the Service you will be required to provide Vantage with your own mobile telephone number. If you provide Vantage with the mobile telephone number of a telephone belonging to your employer (or other party) then you are warranting that you are entitled to access the Service on that telephone and agree that Vantage may terminate or suspend your use of the Service if requested by that employer, or other owner of the mobile telephone, without notifying you.

1.3 Electronic Communications

By using the Service, you consent to receiving electronic communications and notices from Vantage. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

1.4 Your Conduct

Vantage does not promote, recommend or condone use of the Service during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the Service during such activities.

1.5 Third Party Offers

The Service may contain links to third party web sites or programs that are not controlled by or affiliated with Vantage. Vantage is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant's refusal to honor any offer. Your dealings with third party sites are solely between you and the applicable third party.

1.6 Charges for Using the Service

Vantage will provide some portions of the Service to you free of charge, and others for a nominal fee from time to time. We will never charge you for any service without notifying you and/or without your consent, and will promptly refund any disputed charges and all fees paid by individuals for any unused memberships. When you use the Service, however, you may be subject to charges imposed by wireless or other applicable carriers. Payment of such charges is solely your responsibility, and Vantage accepts no liability for any such charges.

1.7 Text Message (SMS) Services

Standard carrier rates apply to all text messages sent to or from the text message Service. For more information, check your mobile phone service plan or visit your carrier's website. Vantage will not at any time send broadcast messages (spam) to which you have not subscribed. After you register for the Service, all text messages will be sent strictly on an opt-in basis. If you have opted in to receive text messages, you can still choose to unsubscribe at any point thereafter.To obtain help with the text message service, you may email us at any time at support@foneVillage.com.

1.8 Use of Information Submitted

You agree that Vantage is free to use any comments, information or ideas contained in any communication you may send to Vantage without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Service or other products or services.

II. Terms of Service for Venues

foneVillage's member venues understand and acknowledge that in order to access and benefit from the Service, they agree to:

1. Prominently display the foneVillage member plaque within the restaurant;

2. Provide foneVillage members with a flat discount on all purchases;

3. Offer a gift voucher usable once per year per customer;

4. Maintain at all times a basic level of inventory of foneVillage membership cards, such that prospective members my purchase memberships at the venue.

5. Present all customers with collateral notifying them of the foneVillage program at the time of purchase, by way of a name card, table display stand, or some other method mutually agreed with foneVillage; and

6. Provide foneVillage with all information necessary to publish a web page promoting the venue, including pertinent information regarding the venue such as pictures, menu items, directions, prices, and the like.

III. Terms of Service for both Users and Venues

1. Personal and Corporate Use.

The Service is made available to you for your personal use only, and/or for use by your corporation. You must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Vantage reserves the right to refuse service to anyone at any time without notice for any reason.

2. Proper Use.

You agree that you are responsible for your own communications and use of the Service and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, provincial, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Vantage; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Vantage reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

3. Content of the Service.

Vantage takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Vantage have any obligation to monitor such third party content. Vantage reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Vantage also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Vantage, its users and the public. Vantage will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.

4. Intellectual Property Rights.

Vantage's Intellectual Property Rights.

You acknowledge that Vantage owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "Vantage Rights"), and such Vantage Rights are protected by Hong Kong and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Vantage Rights include rights to (i) the Service developed and provided by Vantage; and (ii) all software associated with the Service. The Vantage Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.

Your Intellectual Property Rights.

Vantage does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your account. We will not use any of your content for any purpose except to provide you with the Service.

5. Representations and Warranties.

You represent and warrant that (a) all of the information provided by you to Vantage to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

6. Advertisements.

As consideration for using the Service, you agree and understand that Vantage will display ads and other information adjacent to and related to the content of account, as well as promotional advertisements delivered via mobile phone from time to time. The Service serves relevant ads using a completely automated process that enables Vantage to effectively target dynamically changing content, such as interaction history. No human will read your interaction content in order to target such advertisements or other information without your consent, and interaction content or other personally identifiable information will be provided to advertisers as part of the Service.

7. Account Inactivity.

After a period of inactivity, Vantage reserves the right to disable or terminate an account. If an account has been deactivated for inactivity, the email address(es) and/or URL associated with that account may be given to another user without notice to you or such other party. For more information on how Vantage deals with account inactivity, please contact support@foneVillage.com

8. Publicity.

Any use of Vantage's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Agreement.

9. Termination or Cancellation.

You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to Vantage at support@foneVillage.com; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. Vantage may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Vantage has previously canceled or terminated your use of the Services (in which case subsequent notice by Club Concepts shall not be required), if you have provided an alternate email address, Vantage will notify you via email of any such termination or cancellation, which shall be effective immediately upon Vantage's delivery of such notice. Sections 2, 3, 4, 8, and 10 – 13 of Section III of this Agreement, along with applicable provisions of the general Terms of Service and Use (including the section regarding limitation of liability), shall survive expiration or termination.

10. Indemnification.

You agree to hold harmless and indemnify Vantage, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Vantage will provide you with written notice of such claim, suit or action.

11. Disclaimer of Warranties.

Vantage disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the foneVillage.com results. Vantage disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Vantage disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the foneVillage Services.THE foneVillage SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE foneVillage SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. VANTAGE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES , INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. VANTAGE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE foneVillage SERVICES. VANTAGE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE foneVillage SERVICES . VANTAGE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE foneVillage SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE foneVillage SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE foneVillage SERVICES.YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE foneVillage SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL VANTAGE OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE foneVillage SERVICES . ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF 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 VANTAGE 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 foneVillage SERVICES, FROM INABILITY TO USE THE foneVillage SERVICES , OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE foneVillage SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE foneVillage SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE foneVillage SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE foneVillage SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE foneVillage SERVICES. 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 foneVillage SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON , OR IS LINKED OR RELATED IN ANY WAY TO, THE foneVillage SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Without limiting the foregoing, under no circumstances shall Vantage or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

13. Choice of Law and Jurisdiction.

These Terms of Service and Use will be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without giving effect to its conflict of laws provisions or your actual province or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in the Hong Kong Special Administrative Region of the People's Republic of China, and you consent to the jurisdiction of such courts.

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