Hello Tiger Global Pty Ltd
- Please read these Terms of Use carefully as they apply to your use of the Hello Tiger Global Pty Ltd website and/or Hello Tiger’s applications and other computer technologies (Services) and the use of those Services.
- By using Hello Tiger’s Services, you agree to be bound by the following terms and conditions (Terms of Use), including those additional terms and conditions and policies referenced herein. These Terms of Use apply to all users of the website, regardless of their purpose for accessing the Services.
- If you do not agree to the terms and conditions set out in these Terms of Use, then you may not access any of the Services.
- Any new Services, or any new features or tools which are added to an existing Service, shall also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. Hello Tiger reserves the right to update, change or replace any part of these Terms of Use by updating this page. You are responsible for checking this page periodically for any changes. Your continued use of or access to the Services following any changes constitutes acceptance of those changes.
Membership
- By registering for membership with Hello Tiger, including by downloading the Services (Membership), you agree to be bound by these Terms of Use.
- Hello Tiger may at any time in its sole discretion suspend or terminate your Membership for any reason.
Content
- Membership grants you access to all such resources and content as Hello Tiger elects to provide from time to time.
- Hello Tiger may in its sole discretion modify, remove or restrict access to any of the content contained on the Services at any time without notice to you.
- You acknowledge that access to content and resources may be restricted by Hello Tiger (in its sole discretion).
Access Restrictions
- Your Membership grants you a single user license to access the Services. You specifically acknowledge and agree that:
- your Membership will only be available for you to use;
- you will not allow any other person to access your Membership;
- you will not print, copy, reproduce, communicate, give access to, share with another person or otherwise use any of the content on the Services except for your own personal use; and
- you are at all times responsible for any use of your Membership by any other person.
- Hello Tiger does not provide any guarantee that you will be able to access the Services on any particular computer or device.
Intellectual Property
- The material provided via the Services
Safety
YOU ARE SOLELY RESPONSIBLE AND ACCOUNTABLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND AND ACKNOWLEDGE THAT HELLO TIGER DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. HELLO TIGER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS.
Community Rules and Regulations:
By using the Service, you agree that you will not:
Use the Service in order to damage Hello Tiger
solicit money from, spam or defraud any members
Use the Service for any purpose that is illegal or prohibited by this Agreement
Use the Service for any nefarious or harmful purpose
Use another member’s account, share an account with another member, or maintain more than one account.
Violate our Community Guidelines, as updated from time to time.
Impersonate any person or entity or post, publish, or send any images of another person without his or her permission.
Assault, bully, “stalk”, intimidate, harass, mistreat or defame any person.
Post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
Post, publish, or engage in any Content that is hate speech, threatening, sexually explicit or pornographic.
Post, publish, or engage in any Content that incites violence; or contains nudity or graphic or gratuitous violence.
Post, publish, or engage in any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person’s personal information without his or her permission
Create another account if we have already terminated or restricted your account, unless you have our written permission.
Disclaimers.
HELLO TIGER PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HELLO TIGER DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
HELLO TIGER TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HELLO TIGER, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF HELLO TIGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HELLO TIGER’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO HELLO TIGER FOR THE SERVICE AND USD100 WHILE YOU HAVE AN ACCOUNT.
Arbitration, Class-Action Waiver, and Jury Waiver.
Except for members residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court instead if the claim is within the jurisdiction of the small claims court. If the request to proceed in small claims court is made before an arbitrator has been appointed, the arbitration shall be administratively closed. If the request to proceed in small claims court is made after an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or instead be decided in small claims court. Such arbitration shall be conducted by written submissions only, unless either you or Hello Tiger elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, or maintain, or participate in against the Company any class action, class arbitration, or other representative action or proceeding against Hello Tiger.
By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. If you assert a claim against Hello Tiger outside of small claims court (and Hello Tiger does not request that the claim be moved to small claims court), your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant any relief that a court can, including the ability to hear a dispositive motion (which may include a dispositive motion based upon the parties’ pleadings, as well as a dispositive motion based upon the parties’ pleadings along with the evidence submitted), but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Hello Tiger does not take part in dispute settlement procedures in front of a consumer arbitration entity for members residing in the EU or European Economic Area.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Hello Tiger, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
