Terms of Use — Subsee

Version and Effective Date

These Terms and Conditions take effect as of August 12, 2017, replacing any former versions.

Tabee Networking Limited has been established and exists under the laws of Hong Kong (registration #2156463), with its main office at Block A, 12F, Hong Kong Industrial Centre, 489–491 Castle Peak Rd, Kowloon, Hong Kong.

Tabee Networking Limited provides the services described in this General Terms and Conditions of Service Agreement (the "Services").

Any customer who agrees to this General Terms and Conditions of Service Agreement and uses the Services enters into an agreement with Tabee Networking Limited under these terms. The term "Tabee" in this agreement should be understood as "Tabee Networking Limited" unless stated otherwise.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password (including but not limited to using a strong password and changing it periodically) and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or transfer your account to any other person or entity. You acknowledge that Tabee is not responsible for third-party access to your account that results from theft or misappropriation. Tabee and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Tabee does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use tabee.app and tabee.mobi only with the permission of a parent or guardian.

Links to Third-Party Sites & Services

Tabee's sites may contain links to other websites (the "Linked Sites"). The Linked Sites are not under Tabee's control and Tabee is not responsible for their content, including any link contained in a Linked Site or any updates to a Linked Site. We provide these links only as a convenience; their inclusion does not imply endorsement.

Certain services available via our domains are delivered by third-party sites and organizations. By using such a product, service or feature, you acknowledge and consent that Tabee may share information and data with any third party with whom Tabee has a contractual relationship to provide the requested product, service or feature on behalf of users.

No Unlawful or Prohibited Use; Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Tabee's sites strictly in accordance with these terms. As a condition of your use, you warrant to Tabee that you will not use the site for any unlawful or prohibited purpose. You may not use the site in any manner that could damage, disable, overburden or impair it, or interfere with another party's use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the site.

All content included as part of the Service — text, graphics, logos, images, compilations, and any software used on the site — is the property of Tabee or its suppliers and is protected by copyright and other intellectual property laws. You agree to observe all copyright and other proprietary notices, legends and restrictions contained in any such content, and will not make any changes to them. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or in any way exploit any content found on the site, in whole or in part. Tabee content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content. You will use protected content solely for your personal use, and will make no other use of it without the express written permission of Tabee and the copyright owner.

Third-Party Accounts

You may connect your Tabee account to third-party accounts. By doing so, you acknowledge and agree that you consent to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

If you access the Service from a location outside Hong Kong, you are responsible for compliance with all local laws. You agree that you will not use the Tabee content accessed through our sites in any country or in any manner prohibited by applicable laws.

Indemnification

You agree to indemnify, defend and hold harmless Tabee, its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of these terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

Arbitration

If the parties cannot resolve any dispute arising out of these Terms and Conditions, that dispute will be resolved only by final and binding arbitration under the Arbitration Law of Hong Kong, conducted by a single neutral arbitrator and administered by the Hong Kong International Arbitration Centre, or a similar arbitration service selected by the parties, at a location mutually agreed by the parties. The arbitrator's award is final, and judgment may be entered upon it in any court of competent jurisdiction.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis. Class arbitrations and class, representative or collective actions are not permitted.

The parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any putative class, collective or representative proceeding, including in the form of a private attorney general action. Unless both you and Tabee agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of representative or class proceeding.

Liability Disclaimer

The information, software, products and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information here. Tabee and/or its suppliers may make improvements and/or changes to the site at any time.

Tabee and/or its suppliers make no representations about the suitability, reliability, availability, timeliness or accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Tabee and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by law, in no event will Tabee and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages, or any damages whatsoever, including without limitation damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site. This applies whether the claim is based on contract, tort, negligence, strict liability or otherwise, even if Tabee or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

If you are dissatisfied with any portion of the site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the site.

Termination & Access Restriction

Tabee reserves the right, in its sole discretion, to terminate your access to the site and related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of Hong Kong and you consent to the exclusive jurisdiction and venue of the courts in Hong Kong in all disputes arising out of or relating to the use of the site. Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Tabee as a result of this agreement or your use of the site. Tabee's performance of this agreement is subject to existing laws and legal process, and nothing in this agreement is in derogation of Tabee's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the site or information provided to or gathered by Tabee.

If any part of this agreement is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original, and the remainder of the agreement will continue in effect.

Unless otherwise specified, this agreement constitutes the entire agreement between you and Tabee with respect to the site, and supersedes all prior communications and proposals, whether electronic, oral or written. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings to the same extent as other business documents originally generated in printed form. The parties expressly wish that this agreement and all related documents be written in English.

Changes to Terms

Tabee reserves the right, in its sole discretion, to change the Terms under which our sites are offered. The most current version of the Terms supersedes all previous versions. We encourage you to periodically review the Terms to stay informed of updates.

Contact

Tabee welcomes your questions or comments regarding the Terms:

Block A, 12F, Hong Kong Industrial Centre, 489–491 Castle Peak Rd, Kowloon, Hong Kong
Email: [email protected]