Last updated December 10, 2022

 

1. AGREEMENT TO TERMS

 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Sunrise & Dance Limited, doing business as Banana Monkey Global (“Banana Monkey Global,” “we,” “us,” or “our”), concerning your access to and use of the bananamonkeyglobal.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in the United Kingdom and have our registered office at Castlebank Place, Glasgow, Scotland G11 6BW. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. All Users of this Site and related media channels are subject to the Terms and Conditions and the Privacy Policy of this Site.

 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use and Privacy Policy from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. Any features added to the current Site, including the release of Changes, shall be subject to the Terms and Conditions.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

 

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

 

Any attempt to use the Site in a manner not authorized or any attempt to alter, destroy or damage any content or system of the Site may constitute a breach of the provisions of the Computer Misuse Act 1990 and/or other legislation and shall leave the User liable to both criminal and civil proceedings.

 

Liability and Responsibility:

 

The Site does not sell any products or services. The Site is not a party to any transaction or any agreement a Guest (User of our Site and related media channels) may make with a merchant participating or listed on the Site or our related media channels, including restaurant, student accommodation, culture coach provider, event provider or other providers, with regard to any food, product or service offered by such merchants, though a Guest may get some information of such food, product or service from us.

 

1. We do not sell, license or endorse any of the restaurants or any other merchants participating or listed on the Site or our other media channels.

2. We do not have and will not assume any responsibility for, or liability related to any food, products and services offered, sold or provided by the restaurants or any other merchants participating or listed on the Site or our other media channels.

3. You should direct any questions, complaints or claims related to any food, product or service to the appropriate restaurants or merchants.

4. We assumes no liability, obligation or responsibility in connection with any transactions between a guest and any restaurants or merchants, including, but not limited to, failure by either party to keep a reservation or a booking, a restaurant or any merchant’s knowledge (or lack thereof) of any guest’s food allergies, situation or needs which causes injuries and/or damages to the guest, a guest’s or any employee’s behaviour at a restaurant or merchant, and the quality of the food, service and products at a restaurant and merchant.

5. If a guest has a dispute with a restaurant or any merchant, all parties release us (and its agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

 

Omissions, accuracies, and inaccuracies

 

1. We are not liable for any delays, inaccuracies, errors or omissions with respect to the information on the Site and our media channels or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information.

2. The users of the Site and our media channels assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the products or services provided to you by a restaurant or a merchant participating or listed on the Site and our media channels.

3. We do not endorse, warrant or guarantee the food, products or services of any restaurant or merchants including, without limitation, any prices, promotions, programs, policies, services, or other information posted by any restaurant.

4. We are not responsible or liable for any food, products, services, information or other materials displayed, purchased, or obtained by a Guest from the restaurant or merchants participating or listed on the Site or our media channels.

5. The pages contained in any restaurant or merchant websites may contain technical inaccuracies and typographical and other errors. The information in these pages may be updated from time to time and may at times be incorrect or out of date. We accept no responsibility for keeping the information in these pages accurate or up to date or liability for any failure to do so.

 

2. INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Site is our proprietary property. All Content included on the Site and our other media channels, including any material contained within the Sites that is not User Content, including, but not limited to, all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”). By continuing to use the Services you acknowledge that such material is owned or controlled by us or licensed to us, protected by copyright and trademark laws and various other applicable United Kingdom, People’s Republic of China (PRC), and international intellectual property laws, unfair competition laws, conventions, and other related laws. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

All of our Marks are the property of Sunrise & Dance Limited, the Restaurant or their Affiliates or suppliers, as the case may be. Users agree not to use any of our Marks in any advertising, publicity or any other commercial manner without our prior written consent. Users have no title or ownership or rights of Intellectual Property in the Account, the Services or the Marks (other than their own Marks) and no other rights in the Account, the Services or the Marks. All ownership rights remain in Sunrise & Dance Limited, the Restaurant or their third-party suppliers, as the case may be. Users agree to comply with all Intellectual Property laws and shall not encumber any interest in, or assert any rights to, the Marks (other than their own). Users may not reverse engineer, reverse assemble, decompile or disassemble, reproduce, modify, transmit, participate in the sale or transfer of, or create derivative works based on any Marks, in whole or in part.

 

We reserve the right and Users agree that any information in an Account designated as “Public” may be used by us for promotional uses. External search engines may also index such Public information. By registering an Account, each Restaurant or Merchant agrees and grants us the right to use for the Site, our other media channels and other related purposes, all images, menus, logos, content and other information that uploaded on the Site, posted in our media channels or sent to us by the Restaurant or Merchant. We may use the information for, but not limited to, a client reference, client list, case studies, and other promotional information, including, but not limited to, press releases, brochures, and electronic media such as e-mail, social media or web pages.

 

3. USER REPRESENTATIONS

 

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; (7) your use of the Site will not violate any applicable law or regulation; and (8) If you are accepting these Terms and Conditions on behalf of an entity that is a company, partnership, unincorporated association or any other entity that is not an individual, that you have authority to bind that entity.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

4. USER REGISTRATION

 

Account security

 

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. To ensure the account security:

 

1. Sharing of Accounts is not permitted unless expressly authorized in writing by us.

2. Users must keep Account details confidential and Users should not reveal their username or password to any unauthorized third parties.

3. Passwords must be robust and difficult to break and must be changed frequently.

4. We accept no liability for any losses or damages incurred as a result of the account details being shared in breach of the terms of these Terms and Conditions. It is recommended that Users do not save account details in their internet browser.

5. You shall notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security including loss, theft, or unauthorized disclosure of your password or other information with respect to the Services or your Account.

6. We are not liable for any loss that you may suffer through the use of your password by others.

7. You agree to report any violations of this Agreement by others to us.

 

Account usage

 

1. You are responsible for all usage or activity on your Account, including use of the Account by any third party authorized by you to use your User ID and password.

2. Any breach of these Terms and Conditions may be grounds for termination of your Account.

3. In the event that we consider in our sole discretion that you are in breach of these Terms and Conditions, then your Account may be altered or suspended or terminated. You will not be informed in writing of the reasons for such alterations or suspension or termination and we shall have no liability to you in relation to any such alterations or suspension or termination.

4. Accounts may be issued to individuals who are 18 years of age or older, who are not under any legal disability and who agree to abide by these Terms and Conditions and the Privacy Policy. Accounts not meeting these requirements will be terminated.

5. Accounts registered by “bots” or other automated methods are not permitted and will be deleted.

 

Username management

 

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

5. PROHIBITED ACTIVITIES

 

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

 

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, Discloser, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Sell or otherwise transfer your profile.
  • Use the Site to advertise or offer to sell goods and services without the approve from us.

 

 

6. USER GENERATED CONTRIBUTIONS

 

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

 

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions must not contain any material that is intended to promote or incite violence or any other unlawful conduct against any group, individual or animal. This includes, but is not limited to, the provision of instructions on how to assemble weapons of any kind, bombs, grenades or other explosive devices.
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
  • Your Contributions must be honest and fair and should not make any unsubstantiated or unsupportable claims
  • Your Contributions must not contain any material which we determine, in our sole discretion, is not appropriate for inclusion or sale through the Site and our other media channels.
  • Your Contributions must not contain links to other websites containing any of the above types of material.
  • Your Contributions must not contain any material that may contain viruses or other software or instructions that may damage or disrupt other software, computer hardware or communications networks.
  • Your Contributions may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services.
  • Your Contribution may not be used to impersonate any person or entity including, but not limited to, any employee, agent or sub-contractor of us.
  • Your Contribution must not be used for phishing purposes.
  • You may not use the Site or other our media channels for the purpose of uploading files solely to have them hosted by us.

 

Any use of the Site and our other media channels in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and our other media channels.

 

We reserve the right (but has no obligation) to monitor, remove, or edit your Contribution at any time without notice, in our sole discretion, including, but not limited to, if your Contribution violates any of this Terms and Conditions, our other policies, and related laws or regulations, but please note that we may or may not regularly review submitted User Content. We also reserve the right (but has no obligation) to monitor, remove, or edit your Contribution at any time without notice due to the change, upgrade or termination of the related service, feature or business. For termination of the service, feature or business, if any related part or entire payment from you has not been used by the termination time, the part or entire payment will be refunded.

 

We have the right to edit or remove any your Contribution, in our sole discretion, at any time, without any notice, without any excuse or reason.

We take no responsibility and assumes no liability for any Contributions or content submitted by any User or third party.

 

The Customer shall indemnify and hold harmless Sunrise & Dance Limited and its Representatives from any damages finally awarded against us(including, without limitation, reasonable costs and legal fees incurred by Sunrise & Dance Limited ) arising out of any third party suit, claim or other legal action (including but not limited to any governmental investigations, complaints and actions) in connection with the Contribution or contents uploaded by this Customer, including, without limitation, any action for infringement of any trademark, copyright, trade secret, right of publicity or privacy (including defamation), patent or other proprietary right with respect to the Content (“Legal Claim”).

 

Sunrise & Dance Limited shall give written notice to the Customer of any Legal Claim no later than 30 days after first receiving notice of a Legal Claim and shall give copies to the Customer of all communications, notices and/or other actions relating to the Legal Claim. Sunrise & Dance Limited shall give the Customer the sole control of the defence of any Legal Claim, shall act in accordance with the reasonable instructions of the Customer and shall give the Customer such assistance as the Customer reasonably requests to defend or settle such claim. The Customer shall conduct its defence at all times in a manner which is not adverse to Sunrise & Dance Limited’s interests. Sunrise & Dance Limited may employ its own counsel to assist it with respect to any such claim. Sunrise & Dance Limited shall bear all costs of engaging its own counsel, unless engagement of counsel is necessary because of a conflict of interest with the Customer or its counsel, or because the Customer fails to assume control of the defence. Sunrise & Dance Limited shall not settle or compromise any Legal Claim without the Customer’s express written consent.

 

7. CONTRIBUTION LICENSE

 

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any Intellectual Property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

8. GUIDELINES FOR REVIEWS

 

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

 

We may accept, reject, or remove any reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

 

Guests are entitled to leave reviews based on their experiences of Customers’ establishments. There are situations where reviews or comments can be moderated, removed or blocked, these include but are not limited to:

i) content that fails to comply with this Terms and Conditions, applicable laws, rules, regulations, including but not limited to content that is threatening, racist, sexist, homophobic, or offensive.
ii)content that is attributed to an individual, company or organisation that has not been authorised to represent them.
iii)content that is likely to mislead others including deceptive content and false representations.
iv) content designed to manipulate ratings (e.g. the same content posted multiple times or content reviewing the same establishment posted from multiple accounts).
v)content from contributors who falsely claim that they represent or are employed by us.

 

9. SOCIAL MEDIA

 

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

 

10. SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all Intellectual Property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

11. THIRD-PARTY WEBSITE AND CONTENT

 

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

12. ADVERTISERS

 

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, Intellectual Property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

 

13. SITE MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

14. CONTRACT

 

The Restaurants and other merchants using different sections, features or services of us may need sign the corresponding contract with us. Such contract is based on and comply with this Terms and Conditions and our other applicable policies. The person who signs the contract should have the apparent authority to do so on behalf of a Company.

 

15. PRIVACY POLICY

 

We care about data privacy and security. Please review our Privacy Policy: https://bananamonkeyglobal.com/privacy-policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United Kingdom. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you are transferring your data to the United Kingdom, and you agree to have your data transferred to and processed in the United Kingdom.

 

16. COPYRIGHT INFRINGEMENTS

 

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

 

17. TERM AND TERMINATION

 

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

We, in our sole discretion, have the right to suspend or terminate any Account and refuse any and all current or future use of the Account, or any of our other service, at any time for any reason, including, but not limited to, violation of these Terms and Conditions.

 

In the event of termination of an Account for any reason by us due to a breach by a User of these Terms and Conditions, this will result in the forfeiture and relinquishment of all data, Guest Data and User Content in the Account to us with effect from termination, following which we may use such data and User Content in its sole discretion in any manner it sees fit, subject to the terms of the Privacy Policy.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

18. MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Site and our media channels at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site and our media channels. We also reserve the right to modify or discontinue all or part of the Site and media channels without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, discontinuance or termination of the Site or our media channels.

 

We cannot guarantee the Site and our other media channels will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site and our other media channels, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site and our media channels at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site and our other media channels during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

 

19. GOVERNING LAW

 

The laws of Scotland govern this Agreement. You hereby consent to the non-exclusive jurisdiction of the Scottish courts in all disputes arising out of or relating to this Agreement.

 

We may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder. You agree that the parties hereto are independent contractors, and no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.

 

20. FORCE MAJEURE

 

Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations (other than your payment obligations) are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, acts of war or terrorism, shortage of materials or supplies, failure of transportation or communications or of suppliers of goods or services, or any other cause beyond the reasonable control of such party.

 

21. DISPUTE RESOLUTION

 

Informal Negotiations

 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration

 

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The language of the proceedings shall be Chinese and English. The governing law of the contract shall be the substantive law of China.

 

Restrictions

 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported Representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

 

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

22. CORRECTIONS

 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

23. DISCLAIMER

 

THE SITE AND OUR MEDIA CHANNELS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE, MEDIA CHANNELS AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, OUR MEDIA CHANNELS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE SITE AND MEDIA CHANNEL’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND OUR OTHER MEDIA CHANNEL, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

None of us or our Representatives warrant that the Services will be uninterrupted or error free, that any specific information that is requested will be provided or that the websites or their server(s) are or will be free of computer viruses or other harmful elements.

 

In the event that, notwithstanding the foregoing, we are found liable to a User for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort, delict (including negligence), product liability or otherwise), the liability of us to the User will be limited to the amount that the User paid for his/her/its Account.

 

24. LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, INJURIES, DEATH, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE AND OUR OTHER MEDIA CHANNELS, INCLUDING USING THE MATERIALS, CONTENTS, FOOD, PRODUCTS OR SERVICES PROVIDED OR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE AND OUR OTHER MEDIA CHANNELS. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

25. INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site and our media channels; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to Intellectual Property rights; or (6) any overt harmful act toward any other user of the Site or our media channels with whom you connected via the Site or such media channels . Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

26. USER DATA

 

We will maintain certain data that you transmit to the Site and our other media channels for the purpose of managing the performance of the Site and our other media channels, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all Agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

28. MISCELLANEOUS

 

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

29. CONTACT US

 

In order to resolve a complaint regarding the Site or our media channels or to receive further information regarding use of the Site or our media channels, please contact us at:

 

Sunrise & Dance Limited

Castlebank Place

Glasgow, Scotland G11 6BW

United Kingdom

Phone: +44 07597 154931

marketing@bananamonkeyglobal.com

 

30. DEFINITIONS

 

1. “Account” means an account created by a User when applying to use the Services of the Site;

2. “Affiliate” means an entity which controls, is controlled by, or is under common control with, a party, and control means the ability to vote 50% or more of the voting securities of any entity or otherwise having the ability to influence and direct the polices and direction of an entity;

3. “Agreement” means the contract entered into between us and a Customer constituted by the relevant contracts, the Terms and Conditions and the Privacy Policy agreed by the Parties;

4. “Changes” means any amendments, or modification or extension to/of the Services including Updates and Upgrades made from time to time by us.

5. “Content” can include any text, graphics, images, audio, video, software, data compilations including, but not limited to, text, graphics, logos, icons, sound clips, video clips, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on, is uploaded to or forms part of the Services or the platform.

6. “Customer” means the person, corporation, other legal entity, site audiences, media channel users or merchants, which is entering contracts or this Agreement with us.

7. “Discloser” refers respectively to the party disclosing or receiving a specific item of Confidential Information.

8. “Guest” means a client of a merchant using our Site and media channels. The Guest and such merchant using our Site and media channels as a connection with each other.

9. “Guest Data” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on, is uploaded to the platform by a Guest.

10. “Intellectual Property” means all intellectual property, including patents, trademarks, trade name, service mark, copyright, trade secrets, know-how, process, technology, development tool, ideas, concepts, design right, domain names, moral right, database right, methodology, algorithm and invention, and any other proprietary information (whether registered, unregistered, pending or applied for).

11. “Marks” means Intellectual Property in the form of trademarks, trade names, service marks, copyright in logos and registered or unregistered designs.

12. “Privacy Policy” means we policy relating to User Content and Guest Data and compliance with (amongst others) the Privacy Legislation from time to time.

13. “Representative” means, in relation to either Party, its officers and employees, professional advisers or consultants engaged to advise that Party, contractors or sub-contractors engaged by that Party.

14. “Services” means the marketing services we provide via the Site and our other media channels. Term

15. “User Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on, is uploaded to or forms part of the Site or the Services and has been uploaded by a User.

16. “you”, “your” means the Customer, the Customer’s.