Effective date: January 6, 2020.
The platform accessible through the www.happyrabbit.com domain name (the “Site”) is provided by Happy Rabbit Limited (hereinafter referred to as “Happy Rabbit”, “HR”, “us”, “we” or the “Company”), a Hong Kong entity with registered address at 2104, Wai Wah Commercial Centre, 6 Wilmer Street, Sai Ying Pun, Hong Kong and Hong Kong Company Number 902512. You may contact us by sending an email to email@example.com.
2. Purpose of the Site
The purpose of the Site is to provide general and business information about the activity of the Company and, with respect to users that have created an account in accordance with the Service Terms and Conditions, enable the use of the services offered by us, interacting with our platform (the API), and any other services as may be offered by us from time to time (indistinctly referred to as the “Services”).
The Site is not targeted towards, nor intended for use by, anyone under the age of 16. You must be at least 16 years old to access and use the Site and use the Services.
3. Information available on the Site
We make our best efforts to ensure that all general and business information available on the Site is comprehensive and error-free, and we periodically review the contents, information, and any other data of any kind included on the Site. However, you acknowledge and accept that all data available on the Site is provided for information purposes only, and that the Company does not warrant nor accept any liability for any errors existing in the information. We recommend you that you search from time to time for updates of, or amendments to, the contents of the Site.
4. Your use of the Site
You must use the Site complying with law and public order. In particular, you undertake to not use the Site to pursue illegal purposes, contrary to the rights and legitimate interests of us or any other third party, or in any other manner that may tamper, disrupt, overload or otherwise damage the Site or the Services. You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of the Company in connection with the use of the Site or the Services.
You shall indemnify, defend, and hold the Company, its officers, directors, employees, agents, partners, suppliers, and/or licensors harmless, and will keep them indemnified from and against any claim, loss, expense, liability, damage or demand—including reasonable attorney’s fees— relating to, arising from, or allegedly arising from your use of the Site in breach of the law, or a breach of these ToU or any other contractual obligation you have assumed vis-à-vis the Company.
6. Limitation of liability
We make our best efforts to ensure that the Site is available and fully functional. However, to the maximum extent permitted under applicable law we do not warrant that the Site will always be available, undisrupted, and error-free. In particular but without limitation, we shall not be held liable in the event of:
- Technical errors preventing a regular use of the Site and caused by force majeure circumstances, acts of God, or otherwise;
- Maintenance works impacting the availability and access of the Site;
- Damages based on the contents of the Site;
- Wrongful use of the Site, or use contrary to the law, these ToU, or any other agreement between you and the Company;
- Unauthorized third party access to the Site or the Services;
- Conflicts that arise between you and other users of the Site; or
- Contents uploaded by you to the Site.
7. Intellectual property
All works, trademarks, software, or other contents and creations displayed on the Site or otherwise provided or made available by us through the Site or the Services are owned by the Company or have been licensed to us by their owner. Unless expressly granted by their corresponding rightsholders or by law, you do not have any use or ownership rights upon the above-mentioned contents and creations other than for the use of the Site and/or the Services under the terms and conditions described in these ToU. Therefore, except when authorized in accordance with this section or these ToU, you may not distribute, reproduce or copy, communicate to the public, transform or modify, adapt, translate, or otherwise use and exploit said works.
9. Links to third parties’ webpages
We are not liable for websites and contents provided by third parties that are linked or embedded in the Site or the Services, either as advertisement banners or otherwise included in any of the Site’s contents. We shall have no obligation to review the contents of said webpages and the services or products that third parties may offer through them, and their existence does not imply that we support, promote, endorse, sponsor, guarantee, or recommend the linked websites, contents, services, or products. You acknowledge that terms and conditions may apply to the access and use of said services, products, and websites, and that you are responsible for reviewing and accepting them.
10. Amendments to the Site
We may update, delete, amend or modify the Services, the Site, and the information provided through the Site from time to time. Likewise, we may delete access to the Services or the Site from time to time, by providing prior reasonable notice.
11. Governing law and dispute resolution
The rights and obligations of the parties under these ToU shall be governed by Hong Kong law.
The illegality, invalidity, nullity or unenforceability of any of the sections of these ToU will not affect the validity of its other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections.
If, at any time, we fail to respond to a breach of these ToU by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in writing and signed by the Company