These Terms & Conditions (“Terms”) are a legal agreement between You and Baby Dine, Inc. and our subsidiaries or other affiliates (collectively, “Baby Dine,” “we,” “us,” or “our”).

By accessing or using the websites, mobile applications or blogs, as well as our Facebook, Instagram, and other social media or interactive pages (collectively, the “Sites”) provided by Baby Dine that link to these Terms, You agree to be bound by these Terms and all of the terms and conditions incorporated herein by reference. If You do not agree to these Terms, You may not access or use the Sites or order, receive or use Baby Dine products and services made available through the Sites (collectively, the “products”).

Your use of the Sites and our baby food delivery service (collectively, the “Services”), are subject to these Terms. BY USING THE SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If You do not want to be bound by these Terms or policies, do not use the Services. These Terms include: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) a release by You of all claims for damage against us that may arise out of Your use of the Services.

1. MEMBERSHIP AND ACCOUNT SECURITY

1.1 While You may browse the Website and order products as a guest user, to access certain services on the Website, You must submit an application to become a subscriber. You must be 18 years of age or older and legally capable of entering into binding contracts in order to apply, and we may accept or reject Your application in our sole and absolute discretion. If approved, when You create an account, You agree You are responsible for maintaining the confidentiality and security of Your account by, among other things: (i) ensuring that Your registration details are true, up to date, and accurate; and (ii) not sharing Your password, letting anyone else access Your account, transferring Your account to any other person, or taking other actions that might jeopardize the security of Your account.

1.2 You agree to comply with these Terms and all applicable laws, statutes, ordinances, and regulations regarding Your use of our Services and Your purchase of products or services through them. We reserve the right in our sole discretion to disable Your account at any time if You violate these Terms.

1.3 No data transmission over the Internet is totally secure. While we work to protect information You provide, we do not warrant and cannot ensure the security of any information You transmit to us. Accordingly, any information You transmit to us is transmitted at Your sole and absolute discretion and at Your own risk.

1.4 When You visit the Website or send e-mails to us, You are communicating with us electronically. By doing so, You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. In addition, by using our Services, You consent to receive SMS text messages sent through an automatic telephone dialing system on the phone number associated with Your account.

2. CONTENT AND LINKS

2.1 The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by the Website on or through the Website Services, as well as the selection, assembly, and arrangement thereof, are referred to herein collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date, and is provided to You without warranty or representation from us. We may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on us in any way except to the extent it is specifically indicated to be so.

2.2 Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by us or by third parties that have licensed their use to us. You may view and use the Content only for Your personal information and for using the Website, and for no other purpose, including but not limited to, any commercial purpose, and You shall retain intact all copyright and other proprietary notices. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by us, is strictly prohibited.

2.3 Links to other Internet sites operated by third parties, including Website vendors, do not constitute sponsorship, endorsement, or approval by the Website of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by the Website, and the Website is not responsible for the availability, content, security, policies, or practices of linked sites, including, without limitation, privacy policies and practices. Links to other sites are provided for Your convenience only, and You access them at Your own risk.

3. LICENSE AND SITE ACCESS

3.1 Baby Dine hereby grants You a limited, nontransferable, revocable license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include: any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Baby Dine may determine, in its sole and absolute discretion, whether Your use is in violation of our Terms.

3.2 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the Website’s name or trademarks without the express written consent of the Website. Any unauthorized use terminates the permission or license granted by the Website. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.

3.3 You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

4. OUR PRODUCTS AND SERVICES

4.1  All orders submitted by you through our site shall be deemed to be an offer made by you to purchase the selected Products and Services set out in your order upon these Terms of Service (an “Order”). No binding agreement for us to sell you any Product and Services is made until we accept an Order in accordance with these Terms of Service. To submit an Order you will be required to follow the online shopping process described on the site. After submitting an Order, you will receive an order confirmation (the “Order Confirmation”) that will act as an acknowledgement of your Order. Processing of payment of an Order shall not in itself constitute acceptance of the Order by Baby Dine.

4.2 We try to be as accurate as possible when describing and showing our products on the Website, but we do not warrant that these product descriptions or depictions, or other content on the Website, are accurate, reliable, current, or complete.

4.3 Baby Dine reserves the right to withdraw any Products from sale on the site at any time. Whilst Baby Dine will make best efforts to process all Orders, there may be exceptional circumstances where we need to refuse to process an Order after an Order Confirmation has been sent by us, which we reserve the right to do at our sole discretion.

4.4 If we refuse or cancel your Order for any reason and you have already made payment for your Order, we will refund payment in accordance with our prevailing refund policy at such time.

4.5 All products available on the Website are for personal use only. Ordering our products for any purpose, including but not limited to competitive research, analysis, testing, evaluation, sampling, or any other commercial purpose, as determined in Baby Dine’s sole and absolute discretion, is strictly prohibited and is a violation of our Terms. You may not resell any of the products that You purchase or receive from us. We reserve the right, with or without notice, to cancel Your order, change Your order, or reduce the quantity of product ordered, in our sole and absolute discretion, if we determine Your order violates our Terms.

5. PRICE AND PAYMENT

5.1 Product pricing and our delivery charges, if any, will be as quoted on the Website from time to time. Prices are inclusive of tax and are in Hong Kong Dollars.

5.2 We accept payment for Orders by the following payment methods: Bank Transfer, FPS, Alipay, WeChat Pay, and Credit cards, including Visa and Mastercard. We reserve the right to change the payment methods we accept at any time without notice to You. By placing your Order, you authorize us to transmit information to or obtain information about you from third parties from time to time and this may include requesting authorization on your card to ensure there are sufficient funds available to complete the transaction, authentication of your identity, validation checks on your credit card by the issuer, protection against fraud and to enable delivery of your Order.

5.3 Change and cancellation policy. If you are requesting to cancel or change an Order that is being processed, you must contact us before the weekly cut-off time (12 pm Friday) or we will not accept any change or cancellations. Prior change and cancellations are entirely at our discretion and in the event of a refund, the total price of any cancelled order will be transferred back to credit card or your account that was used to place the order. There will be $100 admin fee for any cancellations of individual orders. Please email us at info@babydine.com or call us at +852 5725 5112.

5.4 Refunds and Return. where Baby Dine determines that a refund is to be made under these Terms of Service, payment will be reversed or refunded via the same method that payment was originally made. In the event a reversal cannot be done, we will contact you via the contact details provided when you submit your order to determine an agreed refund method. We do not accept returns of any Product, except where we are required to by law.

6. DELIVERIES

6.1 You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery. In addition, You are solely responsible for determining the freshness of the products you receive. If You have any reason to believe that any product in your delivery is not suitable for consumption, contact us at info@babydine.com and discard the item. To maintain the quality and integrity of the products, you must immediately refrigerate all perishable products (and store at a temperature of 4 degrees Celsius or below) upon delivery and follow instructions on safe food handling and storage which can be found on our website. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness.

6.2 Make sure leave insulated bag at your door which will be provided from us to you on your first Order. If You are not at home when Your products arrive, the courier will leave the package in provided insulated bag with iced packs. If you leave old iced pack from previous delivery, the courier will collect it and replace with fresh pack. If there are no insulated bag at your door, the courier will leave the product after packing with the instant insulated bag which will be charged 5$ to you on your next Order. Our Products will typically remain fresh for up to 3 hours after your delivery, but depending on the season and temperature in Your area at the time of delivery, and other factors outside of our control, advance planning by You should be made for proper storage of your products prior to consumption. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which You have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had You accepted the delivery Yourself.

6.3 Our delivery fees varies with your region or products type. There may be locations that we are unable to deliver to, in which case we will inform you using the contact details provided by you when submitting your Order and arrange for an alternative delivery method or cancellation of your Order. We will aim to deliver the Product to you at the place of delivery specified in your Order at the delivery time indicated by us in your Order confirmation according to our delivery route.  We will make best efforts to deliver the Products at the proposed delivery time but cannot and do not guarantee that delivery times will be met and, to the extent permitted by law, Baby Dine shall not be liable to you or any third party for any losses, liabilities, costs, damages, charges, or expenses arising out of late delivery. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver Your order, we will attempt to deliver Your order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date.

6.4 We design our products to remain fresh for a specified period of time under proper storage conditions (refrigerated below 4 degrees Celsius or below). Our products must be consumed within seven (7) days of delivery if it was in chilled condition, fourteen (14) days of delivery in frozen condition. These instructions should be strictly followed and products should be discarded after that time.

7. CONTENT COPYRIGHT POLICY

7.1 Baby Dine respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, your telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner. You should also note that if You knowingly make any material misrepresentation in Your notification that the material or activity is infringing, You will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

7.2 We reserve the right, in appropriate circumstances and at our sole and absolute discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of Baby Dine or others.

7.3 You agree that we are free to use, disclose, adopt, and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments, and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges, and/or other payments in disclosure, adoption, and/or modification of any or all of your Feedback.

8. DISCLAIMER AND LIMITATION OF LIABILITY

8.1 BABY DINE MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE, ITS CONTENT, ANY LINKED SITES, OUR PRODUCTS OR THE SERVICES, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT, OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. BABY DINE DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE, THE PRODUCTS AND THE SERVICES ARE PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE OR THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. BABY DINE PRODUCTS SHOULD ALWAYS BE USED WITH ADULT SUPERVISION. PRODUCTS SHOULD BE FED TO CHILDREN WITH CARE. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU OR YOUR CHILD MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT OUR PRODUCTS ARE FREE OF ALLERGENS. Always consult with a healthcare professional and Your child’s pediatrician before introducing and feeding our products to Your child and specifically discuss any foods that may pose an allergy risk or other health risks for Your baby. You understand, acknowledge and agree that Baby Dine does not imply, suggest or represent that any of our products have been approved for individual use either by us or medical professionals. You understand, acknowledge and agree that Baby Dine does not imply, suggest or represent that any of our products are meant to be a comprehensive nutrition plan or solution for your child. Any claims that are made about our products are merely illustrative in nature. Statements made and products sold through the Website and are not intended to treat, cure or prevent any disease.

WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE WEBSITE, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR WEBSITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT OR REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE WEBSITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, OR HUMAN ERROR. THE WEBSITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE WEBSITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. WE RESERVE THE RIGHT TO ADJUST YOUR ORDER AT ANY TIME PENDING AVAILABILITY OF CERTAIN PRODUCTS AND OTHER FACTORS.

We reserve the right to change any and all content and to modify, suspend or stop providing access to the Website (or any features or functionality of the Website) and the products at any time without notice and without obligation or liability to You. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

8.2  UNDER NO CIRCUMSTANCES SHALL BABY DINE, ITS AFFILIATES, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES) RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE WEBSITE OR THROUGH THE WEBSITE OR THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF BABY DINE’S SERVERS AND/OR ANY AND ALL PERSONAL AND/OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THROUGH THE WEBSITE OR ANY OF THE SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE WEBSITE OR THE SERVICES AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BABY DINE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

8.3 Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If You require advice in relation to any legal, financial, medical or nutritional matter You should consult an appropriate professional.

9. INDEMNIFICATION

9.1 You agree to defend, indemnify, and hold harmless Baby Dine, its vendors and their affiliates and related entities, and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including, without limitation, reasonable attorneys’ fees and court costs), arising out of or relating to Your breach of these Terms, Your access to or use of the Website, Services or products, or Your violation of any third-party right. You are solely responsible for interactions with other users of the Website. To the extent permitted by applicable law, You hereby release Baby Dine from any and all claims or liability related to any product or service of Baby Dine and any conduct, action, or inaction by Baby Dine or another user of the Website or the Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Website or the Services or any product or service provided to You arising out of or relating to Your use of the Website or the Services.

10. ARBITRATION AND CLASS ACTION WAIVER.

10.1 Binding Arbitration. Any dispute or claim arising in any way from Your use of the Website or the Service, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Website or Service in violation of these Terms, will be resolved by binding arbitration, rather than in court, but You may assert claims in small claims court if Your claims qualify.

10.2 No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.

10.3 Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The arbitration proceedings shall be conducted in English

10.4 Starting an Arbitration. To begin an arbitration proceeding, You must send us a notice of dispute, in writing, setting forth Your name, address and contact information, the facts of the dispute and relief requested. You must send Your notice of legal dispute to us at the following address:  info@babydine.com. We will send any notice of dispute to You at the contact information we have for You.

10.5 Individual Basis. To the fullest extent permitted by applicable law, You and Baby Dine each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, You and Baby Dine each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.

10.6 Limitation Period. In no event shall any claim, action or proceeding by You or Baby Dine be instituted more than one (1) year after the cause of action arose.

11. GENERAL PROVISIONS.

11.1 Termination. If You breach any of the terms of these Terms, all licenses granted by us, including permission to use the Website and the Service, will terminate automatically. Additionally, we may suspend, disable, or cancel your Order with or without notice, for any or no reason. If we cancel Your Order for any suspected breach of these Terms by You, You are prohibited from re-registering for the Service under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Baby Dine or You. Termination will not limit any of our other rights or remedies at law or in equity.

11.2 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Baby Dine for which monetary damages would not be an adequate remedy and Baby Dine shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages, You may not assert as a defense in any such action that an adequate remedy at law exists.

11.3 Notices. We may give notice to You by means of a general notice on the Website, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to info@babydine.com. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.

11.4 Miscellaneous. These Terms may not be modified except by a writing executed by the duly-authorized representatives of Baby Dine or pursuant to Section 11.5 of these Terms. No other act, document, usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the licenses granted hereunder may be assigned by Baby Dine but may not be assigned by You without the prior express written consent of Baby Dine. Any attempt by You to assign these Terms without the written consent of Baby Dine shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The laws of the Hong Kong Special Administrative Region, excluding its conflicts of law rules, govern these Terms and Your use of the Website and the Service.

11.5 Modifications. We may occasionally update these Terms. Baby Dine reserves the right to update the Terms at any time, in our sole and absolute discretion, without providing notice to You. When we do update these Terms that, in our discretion, we consider significant, we will also revise the “Last Updated” date at the top of these Terms and post the updated Terms on the Website. If You continue to use the Website, the Service or our products after we post an update to these Terms, You indicate Your acceptance of the updated Terms.

11.6 Contact Us. If You have any questions regarding these Terms, the Website or the Service please contact us at info@babydine.com.