Terms of Use for the Haidila...

Effective Date:? 08/2019

1. Acceptance and Application

Haidilao International Holding Ltd. (hereinafter referred to as “Haidilao”) and its affiliates (hereinafter collectively referred to as “Haidilao” or “we”) operate and administer the website: www.hvlwy.club, which is Haidilao’s official website, and other websites (hereinafter referred to as the “Haidilao Websites”) within the territory of the People’s Republic of China (excluding Hong Kong, Macao and Taiwan).

The terms and conditions set forth in this Terms of Use (hereinafter referred to as “the Terms and Conditions”) are applicable to the Haidilao Websites. Please carefully read and fully understand the Terms and Conditions, especially the “Privacy Policy”, the “Disclaimers”, the “Restrictions on the Use of the Haidilao Websites”, the “Permission of Uploading Information for Users”, the “Warranties of Uploaded User Information”, the “Restrictions on Uploaded User Information”, the “Limitation of Liability”, the “Amendments to the Terms and Conditions”, and the “Applicable Laws and Dispute Resolution”. By accessing, browsing and/or using the Haidilao Websites, you agree to be bound by the Terms and Conditions; if you are not consent to the Terms and Conditions, please stop accessing, browsing and using the Haidilao Websites immediately.

You represent that you are at least 18 years of age (or less than 18 years of age but have already obtained the consent of your parents or legal guardians) and that you are fully capable of understanding, accepting and complying with the Terms and Conditions.?

2. Privacy Policy

The Privacy Policy is an integral part of the Terms and Conditions. Please read the Privacy Policy carefully, for as you accept the Terms and Conditions, you are also consent to the Privacy Policy.

3. Intellectual Property

The content in all forms of texts, charts, pictures, trademarks, logos, sounds, music, artistic works, videos, etc. (hereinafter collectively referred to as the “Website Content”) published by Haidilao on the Haidilao Websites is proprietary to, controlled by, or licensed to be used by Haidilao, and is protected by relevant intellectual property laws.

The websites may also contain registered or unregistered trademarks, proprietary information, patents, trade secrets, designs, utility models, packaging, technology, products, techniques or other proprietary rights of Haidilao and/or other parties. You have not been granted or transferred to any such rights or use of rights by Haidilao and/or other parties. Duplication or use of the Website Content for other purposes than browsing is prohibited without a written permission of Haidilao and related rights-holders beforehand. Haidilao does not claim any ownership of or have associations with any third party trademarks or other information on the websites. Such third party trademarks or information (if any) are/is only used to identify the products and services of their respective owners, and the use of these trademarks or information does not indicate that Haidilao approves or endorses any such third party.

4. Statement on Product and Service Prices

The prices of all products and services displayed on the Haidilao Websites are all denominated in RMB, and are valid only in designated restaurants within the territory of the People’s Republic of China (excluding Hong Kong, Macao and Taiwan.) Haidilao has the right to invalidate or adjust the prices and specifications of products and services on the Haidilao Websites without prior notice.

5. Disclaimers

You understand that the Haidilao Websites may malfunction or commit errors; that the Haidilao Websites or the servers providing the website services may be attacked by viral or destructive codes or programs (e.g.: viruses, worms, Trojans, etc.); and that the Website Content may expire or be updated after the release. To the fullest extent permitted by relevant laws, Haidilao makes no representations or warranties, explicitly or implicitly, as to the accuracy, completeness, timeliness, reliability or safety of the Haidilao Websites and the Website Content.

We have the right to make changes to the Haidilao Websites and the Website Content from time to time, and we are entitled to decide to temporarily or permanently close the Haidilao Websites, without prior notice.

Therefore, you shall carefully evaluate the Website Content. Haidilao and any other parties related to the creation, production or publication of the websites shall not be liable to your accessibility or inaccessibility to, or use or failure of use of the websites, or any direct, accidental, consequential, indirect, or punitive losses incurred by errors or omissions in the Website Content (including but not limited to any loss of property, personal injury or missing data.) Haidilao does not guarantee that any information on the websites is immune to virus. Haidilao is not responsible for any damage or virus infection to your computer or any other property due to your access to and use of the information on the websites.

6. Use of Website Content

Provided that you agree to abide by this statement, you are free to browse the websites for personal, non-commercial, and non-profit use, but you must obtain additional written consent from Haidilao before downloading or using the content of the websites. You shall not copy, post, modify, transmit, recycle, repost or use information without prior written permission of Haidilao. You must retain and duplicate all copyright notices or other proprietary notices contained in any downloaded information after you are granted the written permission to use it. Haidilao does not warrant or represent that any use of the materials on the websites will not infringe on any third party rights. Except for the above-mentioned limited authorizations, you have no right to be granted or transferred to any information or intellectual property of Haidilao.

7. Restrictions on the Use of Haidilao Websites

You agree:

Not to send or publish through Haidilao Websites any information, data, text, documents, links, software or other materials that are considered by Haidilao as illegal, infringing, harmful, intimidating, fleecing, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, deceptive, misleading, discriminatory, offensive from ethnic, national or other perspectives, or endangering the relationship between Haidilao and its employees, partners, customers or suppliers;

Not to attempt to make a concealment or misrepresentation of the identity of the sender or the information submitter, or the source of any contents or services;

Not to interfere with the operation of the Haidilao Websites, and interfere with other users’ use of Haidilao Websites in any manner, or take any action that Haidilao considers inappropriate;

Not to send spam mail or other marketing information, and to use the Haidilao Websites for advertising, marketing or any commercial solicitation;

Not to intentionally or unintentionally engage or encourage others to violate any applicable laws and regulations, or to create, duplicate, publish, or disseminate any content that violates applicable laws and regulations;

Not to publish or transmit any form of executable programs, including viruses, spyware, Trojan Horses, Backdoors and other similar malware, bonus scenes, etc.

Not to damage the image or rights of Haidilao and its interested persons, other users or third parties because of the release of information or the use of the Haidilao Websites;

Not to create any content, form or link associated with any part of the Haidilao websites at any other URL; and not to copy, distribute, upload, publish, transmit, modify, display, or create derivatives or take any similar actions on Haidilao Websites.

You agree that you will not provide or publish or transmit any personal sensitive information to Haidilao beyond the cases stipulated by the Privacy Policy. “Personal sensitive information” stands for personal information that, if compromised, will adversely affect you or the individual subject at whom the information is directed, including, but not limited to: personal identity information such as your own or other person’s identification number; personal contact information such as phone number; personal health information such as medical conditions; personal property information such as bank accounts; and other information about political status, criminal charges or convictions, religious beliefs, and ethnic or national origins.

You acknowledge and agree that if you use the Haidilao Websites and/or Website Content without the permission of the relevant rights-holders, or if you violate the relevant laws and regulations or the provisions of the Terms and Conditions when using the Haidilao Websites (including but not limited to publishing information uploaded by users), you may cause irreparable loss and damage to Haidilao and its interested persons. In the event of the above, Haidilao shall be entitled to verify and terminate any user license, remove relevant contents, keep records and report to the relevant authorities, institute legal proceedings, or take any other action or measure permitted by laws and regulations. The failure or delaying of taking the above actions by Haidilao does not indicate that it waives its right to enforce the Terms and Conditions. In the event of the above, you also agree to defend Haidilao and interested persons and compensate them to protect them from damage.

Haidilao reserves the right, at its sole discretion at any time, to refuse or revoke your access to the Haidilao Websites for any reason. If the Terms and Conditions are terminated for any reason, your access to the Haidilao Websites will also be terminated.

8. Explicit Authorization for Data Collection

In particular, you agree that, any communication, profile or other kind of information (collectively referred to as “Obtained Data”) that you provide to Haidilao or allow Haidilao to actively access or extract through the login process, including any piece of data, questions, comments, suggestions or other similar content, will be considered as non-confidential and non-exclusive information. The Obtained Data will be taken as asset owned by Haidilao or its associated parties and can be used for any purposes including but not limited to duplication, disclosure, proliferation, publication, broadcast and posts. Furthermore, Haidilao has the freedom of using the creative ideas, concepts, techniques or methods included in the Obtained Data for any purposes including but not limited to using such information to develop, manufacture and sell products, without any compensations for you.

In particular, you authorize Haidilao to collect and use data related to your fixed or mobile devices, operating systems and the websites for the convenience of releasing updates on the websites, carrying out other kinds of communications associated with the websites (if any) and gathering other information that is required or not prohibited by relevant laws and regulations. Haidilao can also use the information for consistent improvement of the websites. We may also automatically collect information concerning the type of browsers and operating systems on your computer, the sites you accessed before and after your visit of the websites, standardized server logs, IP address, GPS location, mobile phone service providers and mobile phone operating systems. The aggregated information mentioned above can help us learn the way visitors use our website, so as to improve the websites and services. The information obtained by Haidilao herein is also referred to as the “Obtained Data”.

You agree that we may share all or part of the Obtained Data with other subsidiaries, cooperators or consultants of Haidilao, or third parties, within or outside the territory of the mainland of the People’s Republic of China. If you believe that any information is some kind of personal privacy that you are unwilling to publicize or disclose, or that the information is so exclusive that you are reluctant to grant Haidilao the access to it, or that the information concerned shall not be bound by this Terms of Use in some way, you shall not provide or allow us the access to the information mentioned above.

9. Permission of Uploading Information for Users

Provided that you abide by the Terms and Conditions, Haidilao herein grants you a non-exclusive, non-transferable and limited permission to send documents to and/or post ideas, opinions or other kind of information including but not limited to content in forms of photos, graphics, videos or comments (hereinafter referred to as the “Uploaded User Information”), on the Haidilao Websites for only personal and non-commercial purposes. The Uploaded User Information shall be voluntary and free of charge.

You grant Haidilao and its designated parties a global, permanent permission that is irrevocable, non-exclusive and unconstrained by any form to allow Haidilao and its designated parties to use the Information Uploaded by Users and any other included content without payment or other consideration, with no need for report to, approval from or notice to you or any third party (hereinafter referred to as the “Permission of Uploading Information for Users”).

The Permission of Uploading Information for Users includes but is not limited to a permanent consent to post, publish, use, edit, revise, translate, update, make derivatives like films, television series, performance and etc. from, sell, transfer and adapt to other works all or part of the Uploaded User Information and any content included across the globe in any forms and for any purposes in the name(s) of Haidilao and/or its designated parties. Unless provided otherwise in the Privacy Policy, Haidilao and its designated parties do not need to consider the Uploaded User Information as confidential.

10. Warranties of Uploaded User Information

As to your submission to the Haidilao Websites of the Uploaded User Information, you herein represent and warrant that:

?(1) You enjoy every right to own or control any content included in the Uploaded User Information;

?(2) With regard to the content related to third-party rights-holders included in the Uploaded User Information, you have already been granted appropriate and adequate permissions from the third-party rights-holders to use and submit the content as part of the Uploaded User Information in accordance with the Terms and Conditions;

?(3) You have already been granted all necessary permissions from any person mentioned, indicated or described in the Uploaded User Information to allow you to submit the information to the Haidilao Websites in accordance with the Terms and Conditions; and

?(4) Your Uploaded User Information will not infringe on any intellectual property or any rights of third parties.

You shall be responsible for your Uploaded User Information and consent to defend and make compensations to Haidilao and interested persons to protect them from damages, in case of losses on Haidilao and interested persons arising from your Uploaded User Information or their use of such information.

You agree that, unless set forth otherwise in written agreement with Haidilao, you herein irrevocably and permanently waive the right to claim compensation from or make further demands for Haidilao and interested persons in terms of the Uploaded User Information, and exempt Haidilao and interested persons from liability (if any).

11. Restrictions on Uploaded User Information

In accordance with the stipulations of the Terms and Conditions as well as the Privacy Policy, Haidilao reserves the right to censor your access to and interaction with the Haidilao Websites, and the right to edit, block or delete any Uploaded User Information that it finds illegal, offensive or inappropriate from the Haidilao Websites. If we receive notice from other rights holders who allege that the Uploaded User Information that you posted or sent infringes on their interests and rights concerned, Haidilao has the right to take such measures as deleting, blocking or disconnecting the link at its sole discretion.

12. Links to Third-party Websites

The Haidilao Websites may contain some links to other websites not operated or controlled by Haidilao. If Haidilao provides such links, it is solely for your convenience, and the inclusion of such links does not imply endorsement of the third-party websites by Haidilao. Haidilao assumes no responsibility for the content of any third-party websites these links lead to. You have to bear by yourself any risks or consequences arising from your access to and use of the linked third-party websites.

13. Cookies

The websites use a technology commonly known as “Cookies”. Cookies are small file(s) that the server stores on your computer's hard disk. They allow the websites to offer your personal feedback and record your previous choices, information you filled or other contents. The websites collect and record your parameters and information to suit you browsing and operation of the websites better to your needs and preferences. You should know that you can choose to receive or reject cookies. We need to remind you that most of the Internet browsers widely used automatically accept cookies by default, but you can usually change the browser settings to reject cookies or receive alerts before saving cookies. Although we do not allow any third party to use the websites for placing advertisements, we cannot guarantee whether other ISPs will put advertisements you when you are browsing the Internet. We are not liable for any advertisement without our prior written consent. You can refer to the instructions or the “help” function of the Internet browser you are using to learn more about these features and adjust cookies preferences. You can also browse www.aboutcookies.org, which contains detailed information about cookies and instructions on how to reject them.

14. Limitation of Liability

To the fullest extent permitted by applicable laws, you agree that Haidilao and the related persons shall not be liable for any loss or damage (including but not limited to any direct, indirect, punitive loss or damage; any loss of revenue, profit, goodwill, data, contract or fund use; and loss or damage arising from or in any way related to business interruption, whether based on tort liability, contractual liability or other forms of liability) caused to you or a third party by the following situations:

?(1) Ability or inability to use the Haidilao Websites or the information and services contained therein (including but not limited to the links provided by the Haidilao Websites to third-party websites, etc.);

?(2) The use of any third-party website connected to the Haidilao Websites or the information and services in such websites; or

?(3) The use of any Uploaded User Information.

15. Amendments to the Terms and Conditions

Haidilao encourages you to review the Terms and Conditions frequently to know the latest version and decide whether to continue using the Haidilao Websites. Haidilao is entitled to modify the Terms and Conditions at any time. Any amendment to the Terms and Conditions will be posted on the Haidilao Websites and will take effect on the date of release. If you use the Haidilao Websites on or after the effective date of the revised Terms and Conditions, you accept the revised Terms and Conditions.

16. Applicable Laws and Dispute Resolution

The Terms and Conditions shall be governed by and construed in accordance with the laws of People's Republic of China.

For any disturbances, disputes or claims arising from or related to the Terms and Conditions, you and the parties concerned shall first make a friendly consultation to settle them. If the parties fail to reach a settlement through consultation within 30 days after the initial request of one party for consultation, such disturbances, disputes or claims shall be submitted to China International Economic and Trade Arbitration Commission and settled in accordance of its arbitration rules in Beijing.

17. Severability

Should any part of the Terms and Conditions be illegal, invalid or unenforceable, it shall be deemed to be severable, and the validity or enforceability of the rest of the terms shall not be affected thereby.

18. Definition

In addition to the words defined in the above text of the Terms and Conditions, the following words used in the Terms and Conditions have the following meanings:

(1) “Privacy Policy” refers to the privacy policy that is applicable to the Haidilao Websites as it may be amended from time to time;

(2) “Affiliates” refers to any institution that directly or indirectly controls, or is controlled by or is jointly controlled with Haidilao;

(3) “Haidilao and the interested persons” refer to Haidilao and its management, directors, employees, shareholders or agents, as well as their respective successors and assignees.

Contact us

If you have any questions about the Terms and Conditions, you can contact us by:

E-mail: [email protected]

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