Terms and Conditions
1. GENERAL
These Terms and Conditions ("Terms and Conditions") are a contract between you, the user of THE GULU Application (as defined below) and us, Gorilla Group Limited ("GGL"), the owner of THE GULU Application.
By installing THE GULU Application, you agree to be bound by these Terms and Conditions (including the Privacy Policy). Please review them carefully before installation and/or acceptance. If you do not agree, you should not download or use THE GULU Application and remove it from your mobile device.
2. DEFINITIONS
"THE GULU Application" shall mean "THE GULU" software application provided by GGL to offer Services (as defined below), to be used on mobile devices fulfilling the minimum Software Requirements (as defined below) and any upgrades from time to time and any other software or documentation which enables the use of THE GULU Application.
3. DATA PROTECTION
Any personal information you supply to GGL when using THE GULU Application will be used by GGL in accordance with its Privacy Policy which can be viewed at http://www.thegulu.com/mobile_privacy.html. GGL is committed to protecting the users’ right of privacy and will comply with the requirements of the Personal Data (Privacy) Ordinance of Hong Kong (Chapter 486 of the Laws of Hong Kong) with respect to the management of personal information collected. GGL will instruct its staff to comply with related internal security and confidentiality rules.
4. THE GULU WEBSITE
THE GULU Application allows you to access certain functionality available on http:/thegulu.com/ . Such use of the website will be governed by the website’s Terms of Use.
5. PROPRIETARY RIGHTS AND LICENCE
5.1 All trademarks. copyright, database rights and other intellectual property rights of any nature in THE GULU Application together with the underlying codes (including object and source codes), software and any other materials in THE GULU Application (collectively the “Content”) are and remain at all times owned, retained and reserved either by GGL or by GGL's licensors.
6. CONDITIONS OF USE
6.1 You will not, nor will allow third parties on your behalf to (i) make and distribute copies of THE GULU Application and/or the Content; (ii) copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate THE GULU Application and/or the Content (whether in whole or in part); (iii) create any new or derivative works of THE GULU Application and/or the Content (whether in whole or in part) of any kind whatsoever; or (iv) attempt to do any of the foregoing prohibited acts. 6.2 You may not use THE GULU Application for any purpose which is unlawful, abusive, defamatory, indecent, obscene, threatening, inappropriate, infringing any rights of GGL and/or any third parties in any way or otherwise incites hatred or discrimination whatsoever. 6.3 THE GULU Application is currently made available to you free of charge for your personal, non-commercial use. GGL reserves the right to amend or withdraw THE GULU Application, or charge for THE GULU Application or Services provided to you in accordance with these Terms and Conditions, at any time and for any reason. 6.4 You acknowledge that the terms of agreement with your respective mobile network provider ('Mobile Provider') will continue to apply when using THE GULU Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing THE GULU Application or any such third party charges. You accept responsibility for any such charges that arise. 6.5 GGL reserves the right to change, delete or pause THE GULU Application at any time if it is found to be inconsistent with the GGL position.
7. QUEUING / RESERVATION / APPOINTMENT / ORDER / PROMO OFFER / BANQUET SERVICE
7.1 GGL offers one or more of the following services through THE GULU Application pursuant to these Terms and Conditions:- (i) online table booking services; (ii) queueing services; (iii) sale and purchase of vouchers; (iv) advertising services for advertisers, merchants and/or restaurants; and any other contents, features, services and/or applications made available by GGL via THE GULU Application (collectively the “Services”).
7.2 GGL reserves the right, in its sole discretion, to modify the Services, including without limitation by removing, adding or modifying any portion of the Services for any reason from time to time and without notice.
7.3 GGL reserves the right to suspend its Services or any part of such Services for repairs, maintenance, upgrades or any other work GGL deems appropriate without prior notice.
8. AVAILABILITY
8.1 THE GULU Application is available to handheld mobile devices fulfilling the minimum Software Requirements. GGL will use reasonable efforts to make THE GULU Application available at all times. However you acknowledge THE GULU Application is provided over the internet and mobile networks and so the quality and availability of THE GULU Application maybe affected by factors outside GGL's reasonable control.
8.2 GGL and its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of THE GULU Application, or any difficulty or inability to download or access content or any other communication system failure which may result in THE GULU Application being unavailable.
8.3 The use of THE GULU Application and/or its online table booking or queueing features does not provide guarantee of availability of seating; or the use of any vouchers or advertising features does not guarantee the sale of products or services; nor represent the quality, merchantability or availability of the products or services.
9. SYSTEM REQUIREMENTS
9.1 In order to use THE GULU Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ("Software Requirements").
9.2 The Software Requirements are as follows:
Android 4.4 or above
iOS 10.0 or above
9.3 The version of THE GULU Application may be upgraded from time to time to add support for new functions and services.
10. TERMINATION
GGL may terminate use of THE GULU Application at any time without giving notice of termination to you.
11. LIMITATION OF LIABILITY
11.1 In no event will GGL be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to THE GULU Application and/or the Content, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
11.2 GGL is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephone as a result of the installation or use of THE GULU Application.
11.3 Nothing in these Terms and Conditions shall exclude or limit GGL's liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
12. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, GGL hereby disclaims all warranties with regard to THE GULU Application, including, without prejudice to the foregoing, any in respect of the merchantability, non-infringement of third party rights, fitness for particular purpose, or about the accuracy, reliability, completeness or timeliness of the Content, Services, text, graphics and hyperlinks on THE GULU Application. THE GULU Application and Content are provided "as is" and "as available" without warranty of any kind.
13. INDEMNITY
You agree to indemnify and hold harmless GGL, its officers, directors, employees, agents, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from or resulting from your use of THE GULU Application, your use of any Services provided by GGL through THE GULU Application, or your breach of any term of these Terms and Conditions. GGL will provide prompt notice of any such claim, suit or proceedings to you.
14 MISCELLANEOUS
14.1 Interpretation of Agreement: Clause headings are provided for reference purposes only to assist in navigating and understand these Terms and Conditions. They are not intended to define, or limit the scope or extent of any clause.
14.2 Revision of Terms and Conditions: GGL may revise these Terms and Conditions at any time and will use reasonable efforts to notify you of any important changes made to these Terms and Conditions by appropriate method. Your continued use of THE GULU Application after our relevant notification will constitute your acceptance of such changes. If you do not agree with any changes, please refrain from using THE GULU Application.
14.3 Governing law and Jurisdiction: These Terms and Conditions shall governed in all respects by the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). You hereby irrevocably submit to the exclusive jurisdiction of the Hong Kong courts.
14.4 Third Parties: Any person not a party to these Terms and Conditions shall have no right to enforce any of the provisions hereunder under the Contract (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong). For any third party rights conferred by these Terms and Conditions, their consent is not required to rescind or vary these Terms and Conditions.
14.5 Invalid provisions: If any provision of these Terms and Conditions are held to be invalid or unenforceable, that provision shall be deemed severed without affecting the validity and enforceability of the remaining provisions.
14.6 No Waiver: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
14.7 Assignment: We may assign our rights and obligations under these Terms and Conditions. You may not transfer or assign your rights and obligations under these Terms and Conditions.
14.8 Entire Agreement: These Terms and Conditions set out the entire understanding and agreement between you and us with respect to its subject matter.
14.9 Language: If there is any inconsistency or conflict between the English and Chinese versions, the English version shall prevail.
15. CONTACT
Please use the address below if you wish to contact us about THE GULU Application, or alternatively you can email us at cs@thegulu.com
THE GULU
Flat C1-3, 20/F, TML Tower, 3 Hoi Shing Road, Tsuen Wan, New Territories, Hong Kong