Thank you for using EatForCharity services, applications and associated software (collectively, “EFC Systems”). By accessing or using any of the EFC Systems, you are agreeing to the terms and conditions below. If there is a conflict between these terms and conditions and additional terms and conditions applicable to a given service, the additional terms and conditions will control for that conflict. Collectively, we refer to the terms and conditions below, any additional terms and conditions, terms and conditions within the ac-companying documentation, and any applicable policies and guidelines as the “Terms and Conditions.” You agree to comply with the Terms and Conditions and that the Terms and Conditions control your relationship with us. So please read all the Terms and Conditions carefully.
Under the Terms and Conditions, “EatForCharity” and “EFC” refers to EatForCharity.cn and EatForCharity.com with offices at 深圳南山区蛇口海上世界广场海滨商业中心1栋3楼301, unless set forth otherwise in additional Terms and Conditions applicable for a given capability. We may refer to “EatForCharity” or “EFC” as “we”, “our”, or “us” in the Terms and Conditions.
2. General Use of the Privacy Authentication Services
While using any of the EFC Systems and/or services you must comply with (and not knowingly enable violation of) any applicable law, regulation, and these Terms and Conditions.
2.2. Communication with EFC
We may send you certain communications in connection with your use of any of the EFC Systems and or services.
If you provide feedback or suggestions about any of the EFC Systems and/or services, then we (and those we allow) may use such information without obligation to you.
3. EFC System and Services Monitoring
3.1. EFC Monitoring
EFC is designed to enhance your use of Relying Party websites and applications (“Relying Parties”). YOU AGREE THAT EFC MAY MONITOR USE OF ANY OF THE EFC SYSTEMS AND/OR SERVICES TO ENSURE QUALITY, IMPROVE OUR SERVICES, AND VERIFY YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS. You will not interfere with this monitoring. EFC may use any tech-nical means to overcome such interference. EFC may suspend access to any of the EFC Systems and/or services by you without notice if we reasonably believe that you are in violation of these Terms and Conditions.
4. Prohibitions and Confidentiality
4.1. EFC Prohibitions
When using any of the EFC Systems and/or services, you may not (or allow those acting on your behalf to):
• Perform an action with the intent of introducing to any of the EFC Systems, products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
• Defame, abuse, harass, stalk, or threaten others and/or EFC.
• Interfere with or disrupt any of the EFC Systems and/or services or the servers or networks used by EFC.
• Reverse engineer or attempt to extract the source code from any of the EFC Systems and/or Services or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
• Use any of the EFC systems and/or services for any activities where the use or failure of these systems and/or services could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems)
• Remove, obscure, or alter any EFC Terms and Conditions of service or any links to or notices of those Terms and Conditions.
5. Privacy and Copyright Protection
Our communications to you may contain confidential information. This confidential information may include any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without our prior written consent. You may disclose any confidential information given to you by EFC when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we do not require notice.
Your use of EFC is considered confidential. As long as your use of EFC does not breach any applicable law, regulation or Term and/or Conditions, we will not release any End User Personal data associated with your account or your use of our systems and/or services. End User Data not deemed End User Personal Data is used to furnish the services offered by EFC and will only be released if the furnishing of these services requires its release.
You may stop using EFC at any time with or without notice. Further, if you want to terminate the Terms and Conditions, you must provide EFC with prior written notice and upon termination, cease your use of the EFC. EFC reserves the right to terminate the Terms and Conditions with you or discontinue your access to any of the EFC Systems and/or services or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.
6.2. Your Obligations Post-Termination
Upon any termination of the Terms and Conditions or discontinuation of your access to EFC, you will immediately stop using all of the EFC Systems and/or services.
6.3. Surviving Provisions
When the Terms and Conditions come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply.
7.2. LIMITATION OF LIABILITY
WHEN PERMITTED BY LAW, EFC, AND ITS AFFILIATES, WILL NOT BE RE-SPONSIBLE FOR LOST DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. IN ALL CASES, EFC AND ITS AFFILIATES, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Unless prohibited by applicable law, if you are a business, you will defend and indemnify EFC, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
• Your misuse or your end user’s misuse of the EFC Systems and/or Services; or
• Your violation or your end user’s violation of these Terms and Conditions.
8. Charity Donations
EFC will donate a portion of each order subtotal to charity.
8.1 Definition of Charity
EFC invites charities ("Charity") to register on EFC System so that Customers may select them to be the beneficiary of the donated funds from their orders. This will be done just before the customer checks out his/her order.
EFC is not liable for any action/s taken by Charities and does not monitor or verify any activities of Charities. Charities are made available for Customers to select with customers choosing a Charity, at his/her own discretion, to donate to.
8.2. Charity Information
Information about the Charities that EFC customers may select as beneficiaries is provided by the Charities themselves and is not monitored, edited, verified or altered in any which way by EFC be-fore being published across all EFC systems.
8.3. Donated Amount
A percentage of 2% will be deducted from Commissions charged to Merchants by EFC to donate to Charities selected by customers utilizing any EFC system. Merchants may choose to increase this amount, and customers may also add additional donation amounts to their orders.
Donation amounts and real-time statistics regarding donations made from orders, can be viewed by Merchants, Charities, and Customers in EFC System.
9. General Provision
We may modify these Terms and Conditions or any portion to, for example, reflect changes to the law or changes to any of the EFC Systems and/or services. You should look at these Terms and Conditions regularly. We’ll post notice of modifications to these Terms and Conditions via email in the form of a newsletter. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for any of the EFC Systems and/or services or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms and Conditions for any of the EFC Systems and/or Services, you should discontinue your use of any of the EFC Systems and/or services. Your continued use of the EFC Systems and/or services constitutes your acceptance of the modified Terms and Conditions.
9.2. General Legal Terms
You agree that EFC’s primary language is English and all communications will be in English, unless otherwise agreed upon. If we provide a translation of the Terms and Conditions, we do so for your convenience only and the English Terms and Conditions will solely govern our relationship. The Terms and Conditions do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms and Conditions will limit either party’s ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms and Conditions, and EFC does not act right away, this does not mean that EFC is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term and/or condition is not enforceable, this will not affect any other terms and/or conditions. The Terms and Conditions are the entire agreement between you and EFC relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact EFC, please visit our contact page. Except as set forth below: (i) the laws of Shenzhen, China, will apply to any disputes arising out of or related to the Terms and Conditions or any of the EFC Systems and services and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OR THE EFC SYSTEMS AND/OR SERVICES WILL BE LITIGATED EXCLUSIVELY IN THE COURTS OF SHENZHEN, GUANGDONG, CHINA, AND YOU AND EFC CONSENT TO PER-SONAL JURISDICTION IN THOSE COURTS. If you are accepting the Terms and Conditions on behalf of a Chinese government entity, then the following applies instead of the paragraph above: the laws of the Peoples Republic of China, excluding its conflict of laws rules, will apply to any disputes arising out of or related to the Terms and Conditions or any of the EFC systems and/or services. Solely to the extent permitted by Chinese law: (i) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OR THE EFC SYSTEMS AND/OR SERVICES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SHENZHEN, GUANGDONG. If you are accepting the Terms on behalf of a Chinese city, Province, or Provincial government entity, then the following applies instead of the paragraph above: the parties agree to remain silent regarding governing law and venue.
Last Updated: May 16, 2020