TERMS & CONDITIONS

Last updated: 6 January, 2023

Please read these terms and conditions carefully before using Our Service.

 

INTERPRETATION & DEFINITIONS

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by You on any electronic device, named “Dim Sum Warriors”.

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access Our Service or parts of Our Service.

Country refers to: Singapore

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Yumcha Studios Pte Ltd, a company registered under the laws of Singapore with Unique Entity Number 20192910K, and whose official registered address is 42 Jalan Greja, Singapore 488951.

Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.

Goods refer to the items offered for sale on the Service and includes Subscriptions and any items provided thereunder.

In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.

Orders mean a request by You to purchase Goods from Us.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service and/or “Services” refers to the Application or the Website or both, including any additional items to which access is granted under our Subscription services.

Subscriptions refer to the Service or access to the Service offered on a subscription basis by the Company to You.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Dim Sum Warriors, accessible from https://www.dimsumwarriors.com

You means the individual accessing or using the Service including any children accessing the Service with Your consent and/or control, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

ACKNOWLEDGMENT

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

CHILDREN & YOUNG PERSONS

Parts of Our Service are aimed at users of various ages. There are however no age barriers to those accessing the Service. Users under 13 should only use the Service with the permission of a parent or guardian. The parents or guardians of anyone under 13 using the Service should review these Terms and Conditions carefully. Contributions submitted and/or read by minors are subject to the consent of their parent or guardian. We advise parents or guardians who permit minors to use the Service that it is important to communicate with the minors about their safety online. If you permit a child to use a device to access, view or listen to content on the Service you are solely responsible for deciding whether or not that content is appropriate for that child.

 

PURCHASE OF GOODS & SERVICES

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

 

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

 

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

• Goods availability
• Errors in the description or prices for Goods
• Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

 

Your Order Cancellation Rights

Any Goods You purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about Your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products, instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.

We will reimburse You no later than 30 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:

• The supply of Goods made to Your specifications or clearly personalized.
• The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
• The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
• The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

 

Delivery of Goods

We will make all commercially reasonable efforts to deliver purchases in a timely manner.

We will not, however, be responsible for any failure to send you, or delay in sending you any purchase that is caused by events outside our reasonable control (Force Majeure Event).  A Force Majeure Event includes, without limitation, postal strikes, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or any acts, decrees, legislation, regulations or restrictions of any government or regulatory body. If there is a Force Majeure Event your order will be suspended whilst the Force Majeure Event continues and we will have an extension of time to deliver your Product until the Force Majeure Event ends, or you cancel your order.

 

Returns Policy

In case you are not completely satisfied with your purchase, you may be eligible to return the item for a refund.

In order for a return of Goods to be accepted, it must meet the following conditions:

• Returned items must be unused
• Returned items should be sent in their original condition and packaging
• Discounted items are final and cannot be returned or exchanged
• If your purchase was eligible for gift-with-purchase promotion, please ensure that the gift is sent back together with the returned item
• Request for return should be submitted within 7 days of receipt of Your order.

If the reason for return is not the result of Our error or a faulty item, or if We have not agreed to bear the return shipping costs, You are responsible for paying the cost of return shipping. Return shipping costs will not be reimbursed for that return.

 

Return Exceptions

Please see the section on Subscriptions below.

 

Return Instructions

Ensure Your item is eligible for return. Please refer to the policy above.

Please submit Your request for return via https://www.dimsumwarriors.com/contact-us, with the following information.

Email subject title: Return Request

Email message:

Order number: <enter Your Order Number>

Return reason: <explain the reason for return>

We will review Your request and respond to You. If Your request is successful, We will provide You details on how You can ship Your item back to us.

In the unlikely event that an item is returned to us in an unsuitable condition, We will arrange for You to pick it up in Our authorized collection point to be advised.

We are not responsible for items that are returned to us by mistake.

 

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding Our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

 

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods We have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

 

SUBSCRIPTIONS

Free Trial

If you register on the Company website for a free trial, the Company will make one or more Subscription services available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered to use the applicable Subscription service(s), or (b) the start date of any payable Subscription services ordered by you or (c) termination by Company in its sole discretion.

During your free trial, you may access and use the applicable Subscription services for evaluation purposes only. You shall be responsible for maintaining the security of your login credentials used to access the Subscription services and you shall not share those credentials with any third party or otherwise permit any third party to use the Subscription services.

 

Subscription period

The Service or some parts of the Service, such as the Dim Sum Warriors Club and Plus+ memberships, are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or every 6 months), depending on the type of Subscription plan You select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

 

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip or postal code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that You must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store’s own terms and conditions.

 

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

 

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company.

If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.

Please refer to the section below for Our Subscription refund policy.

 

Subscription refund policy

Except when required by law, paid Subscription fees are non-refundable.

You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Subscriptions are NOT transferable.

No prorated refunds or credits will be offered for partially used Subscriptions.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

If the Subscription has been made through an In-app purchase, the Application Store’s refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.

 

In-app Purchases

The Application may include In-app Purchases that allow You to buy products, services or Subscriptions.

More information about how You may be able to manage In-app Purchases using Your Device may be set out in the Application Store’s own terms and conditions or in Your Device’s Help settings.

In-app Purchases can only be consumed within the Application. If You make an In-app Purchase, that In-app Purchase cannot be cancelled after You have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, We will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that We are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where You downloaded the Application and are governed by that Application Store’s own terms and conditions.

If You have any payment related issues with In-app Purchases, then You need to contact the Application Store directly.

 

PROMOTIONS

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

COMPETITIONS

The Company may, from time to time, run competitions via Our Service. If You wish to take part in any such competition You must at the time of entry confirm that You agree to be bound by the relevant competition terms and conditions and any other specific rules which may apply from time-to-time to any such competition.

 

USER ACCOUNTS

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us at support@dimsumwarriors.com immediately upon becoming aware of any breach of security or unauthorized use of Your account.

We have the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these terms of use.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

USE OF PERSONAL INFORMATION

Personal Information and Privacy

During the course of Your use of the Service, You may be asked to provide certain personalized information to the Company (such information referred to herein as “Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in Our Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that You are solely responsible for the accuracy and content of Personal Information, and You agree to keep it up to date.

 

Right to Monitor and Editorial Control

The Company reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Service or its features by users, and are not responsible for any such materials posted by users. However, the Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Our sole discretion are objectionable or in violation of this Agreement, the policies of the Company or applicable law. The Company may also impose limits on certain features or restrict Your access to part or all of the Service without notice or penalty if We believe You are in breach of the guidelines set forth in this paragraph, Our terms and conditions or applicable law, or for any other reason without notice or liability.

 

Prohibited Conduct

You warrant and agree that, while accessing or using the Service, You will not:

• impersonate any person or entity or misrepresent Your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Service or the Company, its affiliates, subsidiaries, distributors, vendors, licensees, licensors, or related parties;
• insert Your own or a third party’s advertising, branding or other promotional content into any of the Service or its content and/or materials;
• misuse Our Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
• attempt to gain unauthorized access to Our Service, the server on which Our Service is stored or any server, computer or database connected to Our Service.
• obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Service through any means, including through means not intentionally made publicly available or provided for through the Service;
• engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Service, or obtaining lists of users or other information from or through the Service, including, without limitation, any information residing on any server or database connected to the Service;
• use the Service or its features in any manner that could interrupt, damage, disable, overburden or impair the Service or interfere with any other party’s use and enjoyment of the Service, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests, or attacking Our Service via a denial-of-service attack or a distributed denial-of service attack.
• use the Service in violation of the intellectual property or other proprietary or legal rights of the Company, its affiliates, subsidiaries, distributors, vendors, licensees, licensors, related parties or any third party;
• use the Service in violation of any applicable law; or
• attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service.

You alone are responsible for the content and consequences of any of Your activities while You are visiting or using the Service.

By breaching this provision, You would be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use Our Service will cease immediately.

 

INTELLECTUAL PROPERTY

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Company owns the copyright in all elements of the Service and all related intellectual property rights, including, but not limited to, all trademark rights, patent rights and moral rights. The elements of the Service include without limitation the content, software, code, data, art, graphics, animation, photographs, images, text, music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress and stylistic convention of the Service. Your use of the Service does not give You ownership of any content in the Service.

The Service is protected by copyright, trademark, and other laws of the Country, the United States of America and other countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Dim Sum Warriors 点心侠 ® is a registered trademark controlled by the Company. All trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Service are registered or unregistered Trademarks of the Company, its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees, and/or others, and may not be used unless authorized by the Trademark owner. All Trademarks not owned by Us that appear on the Service, if any, are the property of their respective owners. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service.

You may access and view the Service and its content only for Your personal, noncommercial use on a single computer or other Internet compatible device to enable You to use the Service, provided that You do not remove or alter any copyright or other legal notices from the Service or its content. You may not (except where We have given You express permission or You are otherwise permitted by law) modify, copy, distribute, download, upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell, or make other use of any part of the Service or its content. Any use of the Service or its content, other than as explicitly permitted herein, is unauthorized and may be a violation of copyright or other proprietary rights or other applicable laws.

 

User submissions

We do not ask for nor do We wish to receive any confidential, secret or proprietary information or other material from You through the Service, by email or in any other way. If You post, upload, transmit or submit any materials, content (including, for example, any photographs or audio recordings), information or ideas to the Company (“Your Content”), (1) You represent and warrant that Your Content is original to You, that no other party has any rights thereto, and that any “moral rights” in Your Content have been waived, and (2) You grant to the Company a non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and sublicensable, and worldwide license in all current and future media to reproduce, modify, adapt, publish, publicly perform and display, distribute, sublicense, create derivative works, sell, and otherwise use Your Content for any purpose the Company chooses, commercial or otherwise, in its sole discretion, without any compensation to You and in accordance with Our Privacy Policy. We cannot be responsible for maintaining Your Content that You provide to Us, and We may delete or destroy Your Content at any time.

 

Copyright Agent

We respect the intellectual property rights of others and require that the people who use the Service do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please forward the following information to Our Copyright Agent named below:

Your address, telephone number, and email address;

A description of the copyrighted work that You claim has been infringed;

A description of where the alleged infringing material is located;

A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent: Colin Goh, email: colingoh@yumchastudios.com

 

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

 

LINKS

Links to Our Service

You may link to Our Service, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.

You agree that if You include a link from any other website to the Service, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Service. You are not permitted to link directly to any image hosted on the Service, such as using an “in-line” linking method to cause the image hosted by Us to be displayed on another website. You agree not to link from any other website to the Service in any manner such that the Service, or any page of the Service, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We may require that any link to the Service be discontinued, and to revoke Your right to link to the Service from any other web site at any time.

We reserve the right to withdraw linking permission without notice.

If You wish to link to or make any use of content on Our Service other than that set out above, please contact support@dimsumwarriors.com

 

Links to Third Party Sites

As a convenience for users, the Service may contain links to Internet sites maintained by third parties (“Linked Sites”). You acknowledge and agree that the Company does not operate or control in any respect, or necessarily endorse, the information, content, products, services, advertising, or other materials that may be found on a Linked Site. When You link to a Linked Site, You become subject to their terms of use and privacy policy rather than to Ours. You assume sole and complete responsibility for, and we do not accept any responsibility for any losses or penalties incurred as a result of, Your use of Linked Sites, and any reliance on the contents of a Linked Site is at Your own risk.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

 

TERMINATION

The Company may terminate, change, suspend or discontinue any aspect of the Service at any time. The Company may restrict, suspend or terminate Your Account or access to the Service and/or this Agreement without prior notice or liability, for any reason whatsoever, including without limitation if We reasonably believe or suspect You have acted inappropriately on the Service or You are in breach of these Terms and Conditions or applicable law, or for any other reason without notice or liability. Additionally, the Company may terminate use or access privileges to the Service of users who are repeat infringers of intellectual property rights. You may terminate this Agreement by discontinuing Your use of and access to the Service. This Agreement is effective until terminated by You, or by the Company for any reason, with or without notice. Upon any termination of this Agreement, You agree to discontinue Your use and access of the Service and to immediately destroy all materials obtained from it.

 

GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

The Company controls and operates the Service from offices in the Republic of Singapore. We make no representation that the Service or its content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If You choose to access the Service, You do so on Your own initiative and risk, and You are responsible for compliance with all applicable laws if and to the extent such laws and restrictions are applicable.

The Service provides information of a general nature only and are not intended to amount to advice on which You should rely. You are responsible for determining whether such information applies to Your specific situation, and for obtaining professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Service. The Company specifically disclaims any liability concerning any action that any person may take based on any information or guidance provided in the Service.

Although We make reasonable efforts to update the information on Our Service, We make no representations, warranties or guarantees, whether express or implied, that the content on Our Service are accurate, complete, up to date or fit for a particular purpose of the Service. The Company is not liable for any errors, omissions, or inaccurate content on the Service.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or S$100 if You have not purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

 

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 

Apple app users

If You access Our service via Our Application on the Apple platform, the follow terms specifically apply to You:

You acknowledge that these terms and conditions are concluded between You and Us only, and not with Apple, and We, not Apple, are solely responsible for Our Service and the content thereof. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. To the maximum extent permitted by applicable law, Apple will have no warranty obligations whatsoever with respect to the Service.

Your licence to use the Service is limited to a non-transferable licence to use the Service on any Apple-branded products that You own or control and as permitted by the usage rules set forth in the App Store Terms of Service, except that the Service may also be accessed and used by other accounts associated with You via Family Sharing.

You acknowledge that We, not Apple, are responsible for addressing any claims by You or any third party relating to the Service or Your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

You acknowledge that, in the event of any third party claim that the Service or Your possession and use of Service infringe that third party’s intellectual property rights,We, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions, and that, upon Your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against You as a third party beneficiary thereof.

 

INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its affiliates, directors, officers, employees and agents from and against any and all claims, liabilities, and expenses (including reasonable legal fees) that may arise from Your use of the Service in any way, Your placement or transmission of any message, content, information, software or other materials on, to or through the Service or Your violation of law or breach of the terms of this Agreement. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with the defense of any such claims by the Company.

 

GOVERNING LAW

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

 

DISPUTE RESOLUTION

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

This Agreement is governed by and is construed in accordance with the laws of the Republic of Singapore, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction of the courts of the Republic of Singapore in all disputes arising out of or relating to Your use of the Service. Notwithstanding the foregoing, the Company shall have the right to bring action against users of the Service before courts of competent jurisdiction in the jurisdiction in which such users reside or are located: (i) to seek injunctive relief against such users, (ii) to obtain a judgment against such users where a judgment by a Singapore court will, or may, not be enforced by the jurisdiction in which such user resides or is located, or (iii) to enforce a judgment obtained against such visitor in a Singapore court.

 

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

 

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

 

SEVERABILITY AND WAIVER

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

 

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on Our Service.

You agree that the original English text shall prevail in the case of a dispute.

 

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

MISCELLANEOUS

This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Service, including Our Privacy Policy; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall prevail.

You agree that the Company may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under this Agreement. This Agreement is personal to You and You may not transfer or assign it to a third party.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

 

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between You and the Company with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and the Company with respect to the Service. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted in this Agreement are reserved to the Company.

PLEASE ALSO REFER TO OUR PRIVACY POLICY AND OUR COOKIES POLICY

 

CONTACT US

If you have any questions about these Terms and Conditions, You can contact Us:

By email: support@dimsumwarriors.com

By visiting this page on Our website: https://www.dimsumwarriors.com/contact-us/