Terms of Use

These Terms of Use govern your use of Dishtag and provide information about the Dishtag  website www.dishtag.com and the Dishtag mobile application (together,“Dishtag”).  When you create a Dishtag account or use Dishtag, you agree to these terms. Dishtag is provided to you by Dishtag Limited. These Terms of Use therefore constitute an agreement between you and Dishtag Limited.

1. Dishtag

We agree to provide you with Dishtag. Dishtag includes all of the Dishtag products, features, applications, services, technologies, and software that we provide to advance our mission: to connect food lovers to dishes, restaurants to customers, and food photographers to income.

To deliver on this mission,  Dishtag is provided to:

• Food lovers (users) for offering opportunities to discover dishes and share dish photos and food experiences, like and comment on dishes, follow friends and restaurants.
• Restaurants (including restaurants, cafes, mobile units, private chefs and kitchens, hotels, fast food chains) for offering opportunities to create visual food content such as dish photos and menus and to connect these with food lovers and the food & beverage community.
• Photographers for offering opportunities to create a portfolio of dish photos and menus created on behalf of Restaurants, find other photographers, and engage in interactive forums about restaurants, food photography and food styling.

Dishtag is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using Dishtag in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully. If you do not accept all of these terms and conditions, you are not authorized to use Dishtag.

We may change or otherwise modify the Agreement in the future in accordance with the Terms of Use herein, and you understand and agree that your continued access or use of Dishtag after such change signifies your acceptance of the updated or modified Terms of Use. We will note the date that revisions were last made to the Terms of Use at the bottom of this page, and any revisions will take effect upon posting. We will notify you of material changes to these terms and conditions by placing a notice on the Dishtag Website and Dishtag application. Be sure to return to this page periodically to review the most current version of the Agreement.

Users of Dishtag will not incur any charges for using Dishtag in accordance with the Terms of Use. However, Dishtag contains links to third-party websites which are operated and owned by independent service providers or restaurants. Such third-parties may charge a fee for use of certain content or services provided. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Dishtag provides details of dish prices on Dishtag, such information is provided for convenience and information purposes only. Dishtag in no way guarantees that this information is correct, nor is it in anyway responsible for content or services provided on such third party websites.

Reviews, comments and use of other interactive areas

Please be aware that by submitting content to Dishtag including any photos, menus, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Dishtag and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that Dishtag may choose to provide attribution of your comments or reviews at our discretion. You further grant Dishtag the right to pursue at law any person or entity that violates your or Dishtag’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

Dishtag does not edit or control the dish photos posted to or distributed on Dishtag and will not be in any way responsible or liable for such user posts. In any case Dishtag reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or Site Content.

Dishtag may contain photos, comments, likes, discussions, blog posts, dish and restaurant reviews or other forums in which you or third parties may share restaurant experiences or other content, messages, materials or other items on Dishtag (“Interactive Areas”). If Dishtag provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through Dishtag any of the following:

1. Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

• Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the Hong Kong Securities and Future Commission (SFC), or any rules of any of securities exchange.

1. Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
2. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
3. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Dishtag.

• Unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters”, political campaigning, raffles, or solicitations. Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
• Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

1. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
2. Content or links to content that, in the sole judgment of Dishtag, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose Dishtag or its affiliates or its users to any harm or liability of any type.

Dishtag takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Dishtag liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

As a provider of interactive services, Dishtag is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Dishtag has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Dishtag reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on Dishtag at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on Dishtag at your sole cost and expense.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Dishtag or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Dishtag, and its licensees, successors and assigns, from any claims that you could otherwise assert against Dishtag by virtue of any such moral rights.

Any use of the Interactive Areas or other portions of Dishtag in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use Dishtag.

2. The Privacy Policy

Providing Dishtag requires collecting and using your information. The Privacy policy explains how we collect, use, and share information across Dishtag. It also explains the many ways you can control your information. You must agree to the Privacy Policy to use Dishtag.

3. Your Commitments

In return for our commitment to provide Dishtag, we require you to make the below commitments to us. You warrant that (i) all information supplied by you on Dishtag and applications is true, accurate, current and complete, (ii) if you have a Dishtag account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you,

4. Who Can Use Dishtag

We want Dishtag to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Dishtag community. You must be at least 13 years old to use Dishtag. We retain the right at our sole discretion to deny access to anyone to Dishtag at any time and for any reason, including, but not limited to, for violation of this Agreement.

You must not be prohibited from receiving any aspect of Dishtag under applicable laws . We must not have previously disabled your account for violation of law or any of our policies.

5. How You Can’t Use Dishtag.

The content and information on Dishtag (including, but not limited to, messages, data, information, text, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to Dishtag. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through Dishtag. Additionally, you agree not to:

1. use Dishtag or its contents for any commercial purpose;
2. access, monitor or copy any content or information of Dishtag using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

• take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

1. deep-link to any portion of Dishtag for any purpose without our express written permission;
2. “frame”, “mirror” or otherwise incorporate any part of Dishtag into any other website without our prior written authorization; or
3. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Dishtag in connection with Dishtag.

You can’t impersonate others or provide inaccurate information.

You don’t have to disclose your identity on Dishtag, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren’t, and you can’t create an account for someone else unless you have their express permission.

1. You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
2. You can’t violate (or help or encourage others to violate) these Terms of Use or our policies.

• You can’t do anything to interfere with or impair the intended operation of the Dishtag Service.

1. You can’t attempt to create accounts or access or collect information in unauthorized ways.

This includes creating accounts or collecting information in an automated way without our express permission.

1. You can’t attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials of other users.
2. You can’t post private or confidential information or do anything that violates someone else’s rights, including intellectual property.

• You can’t use a domain name or URL in your username.

6. Permissions You Give to Dishtag

Permission to use your username, profile picture, and information about your relationships and actions with user accounts, restaurants, menus, ads, and sponsored content.

You give us permission to show your username, profile and banner pictures, and information about your actions (such as the dish photos you upload or the likes for dishes and restaurants) or relationships (such as follows or restaurants listed in “my places”) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Dishtag, without any compensation to you.

You agree that we can download and install updates to the Service on your device.

Content Removal and Disabling or Terminating Your Account

We can remove any content or information you share on Dishtag if we believe that it violates these Terms of Use, our policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of Dishtag to you (including terminating or disabling your account) immediately to protect our community or platform or if you create risk or legal exposure for us, violate these Terms of Use or our policies if you repeatedly infringe other people’s intellectual property rights, or where we are permitted or required to do so by law. If we take action to disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, please contact us.

Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called “Our Agreement and What Happens if We Disagree,” will still apply even after your account is terminated or deleted.

7. Our Agreement and What Happens if We Disagree

If any aspect of this agreement is unenforceable, the rest will remain in effect.

Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.

We reserve all rights not expressly granted to you.

Who Has Rights Under this Agreement.

This agreement does not give rights to any third parties.

You cannot transfer your rights or obligations under this agreement without our consent.

Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

Who Is Responsible if Something Happens.

Dishtag is provided “as is,” and we can’t guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.

Our responsibility for anything that happens on Dishtag (also called “liability”) is limited as much as the law will allow. If there is an issue with Dishtag, we can’t know what all the possible impacts might be. You agree that we won’t be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.

How We Will Handle Disputes

In all cases, you agree that your claim must be resolved exclusively in Hong Kong Special Administrative Region, that you submit to the personal jurisdiction of either of this court for the purpose of litigating any such claim, and that the laws of the Hong Kong Special Administrative Region will govern these Terms and any claim, without regard to conflict of law provisions.

Unsolicited Material

We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

8. Indemnification

You agree to defend and indemnify Dishtag and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

1. your breach of this Agreement or the documents referenced herein;
2. your violation of any law or the rights of a third party; or

• your use of Dishtag.

9. Links to third-party sites

Dishtag may contain hyperlinks to websites operated by parties other than Dishtag. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Dishtag to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

10. Copyright and Trademark Notices

All contents of this Website are: ©2018 Dishtag Limited. All rights reserved. Dishtag is not responsible for content on websites operated by parties other than Dishtag Limited. Dishtag,
]ishtag, the “]” logo, the application icons and all other product or service names or slogans displayed on Dishtag are registered and/or common law trademarks of Dishtag and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Dishtag or the applicable trademark holder. In addition, the design of the Dishtag website and application, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Dishtag and may not be copied, imitated or used, in whole or in part, without the prior written permission of Dishtag. All other trademarks, registered trademarks, product names and company names or logos  are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Dishtag.

11. LIABILITY DISCLAIMER

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS DISHTAG’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF  DISHTAG. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING DISHTAG.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON DISHTAG MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESTAURANT AND  AVAILABILITY AND PRICING ERRORS. DISHTAG LIMITED DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE RESTAURANT AND DISHES DISPLAYED ON THIS PLATFORM (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF RESTAURANTS AND GENERAL PRODUCT DESCRIPTIONS). IN ADDITION, DISHTAG EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR PLATFORM AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.

DISHTAG LIMITED MAKES NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON DISHTAG OR ANY PORTION THEROF FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH DISHES OR RESTAURANTS OR SERVICES BY  DISHTAG LIMITED. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  DISHTAG LIMITED DISCLAIM ALL WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND THAT DISHTAG, ITS SERVERS OR ANY EMAIL SENT FROM THE DISHTAG LIMITED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW DISHTAG HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR TERMS OF ANY KIND AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NONINFRINGEMENT.

DISHTAG ALSO EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR OTHER TERM OF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE CONTENT.

THE THIRD-PARTY SUPPLIERS PROVIDING RESTAURANT INFORMATION ON DISHTAG ARE INDEPENDENT AND NOT AGENTS OR EMPLOYEES OF DISHTAG LIMITED. DISHTAG LIMITED IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

SUBJECT TO THE FOREGOING, YOU USE  DISHTAG  AT YOUR OWN RISK AND IN NO EVENT SHALL DISHTAG LIMITED (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNTECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF DISHTAG OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE DISHTAG (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON DISHTAG; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF DISHTAG) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF DISHTAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE TERMS AND CONDITIONS AND FOREGOING LIABLITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

12. GENERAL PROVISIONS

You agree that no joint venture, agency, partnership, or employment relationship exists between you and Dishtag Limited and/or affiliates as a result of this Agreement.

Our performance of this Terms of Use is subject to existing laws and legal process, and nothing contained in this Terms of Use limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of Dishtag or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of Dishtag within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth 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 remaining provisions in the Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Dishtag and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Dishtag. A printed version of this Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use are available in English. Neither the Dishtag Website nor Dishtag application may not always be updated on a periodic or regular basis and consequently is not required to register as editorial product under any relevant law.

Fictitious names of companies, products, people, characters, and/or data mentioned on Dishtag are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.

If you have questions about this Terms of Use, you can contact us. All questions, comments, queries and requests relating to Dishtag are welcomed and should be addressed to:

The Office Manager
25F, Workington Tower 78,
Bonham Strand
Hong Kong

DISHTAG LIMITED

Updated 26 JULY 2018