These Terms of Use govern your access and use of the Bargain Birdy website and its related sites (collectively, the “Bargain Birdy Site”). Please read these Terms of Use carefully before using the Bargain Birdy Site. By using the Bargain Birdy Site, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Bargain Birdy Site. These Terms of Use are in addition to, and do not override, the terms and conditions that apply to the specific services offered by Bargain Birdy.

For purposes of this Bargain Birdy Site, “Bargain Birdy” means Loditar Marketing Consultancy Limited., its subsidiaries, affiliates, divisions, contractors and all of its and their data sources and suppliers.

The services, including, but not limited to, data and programs, available on or through the Bargain Birdy Site (“Service”) are the proprietary, copyrighted works of Bargain Birdy and comprise: (i) works of original authorship, including compiled information containing Bargain Birdy’s selection, arrangement and coordination and expression of such information or pre-existing material it has created, gathered or assembled; and (ii) trade secret and other confidential information.

You agree not to reproduce, re-transmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through the Service to anyone without the express prior written consent of Bargain Birdy. Copying and distributing the Services to third parties is forbidden. You may not: (a) use or permit the use of the Service to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; (b) use or permit the use of the Service for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party; (c) use or permit the use of the information in connection with any individual credit, employment, or insurance applications; or (d) voluntarily producing the Service in legal proceedings. Systematic access or extraction of content from this Bargain Birdy Site, including the use of “bots” or “spiders,” is prohibited. Bargain Birdy prohibits caching, unauthorized hypertext links to this Bargain Birdy Site and the framing of any content available through the Bargain Birdy Site. Bargain Birdy reserves the right to disable any unauthorized links or frames.

THE BARGAIN BIRDY SITE MAY PROVIDE A LINK TO OTHER WEBSITES BY ALLOWING THE USER TO LEAVE THE BARGAIN BIRDY SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTYMATERIAL INTO THIS BARGAIN BIRDY SITE VIA “INVERSE” HYPERLINKS AND FRAMING TECHNOLOGY (A “LINKED SITE”). BARGAIN BIRDY HAS NO DISCRETION OR OBLIGATION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE.

Bargain Birdy does not warrant the accuracy, completeness or timeliness of any of the Services. ALL SERVICES ON THIS BARGAIN BIRDY SITE, OR A LINKED SITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. BARGAIN BIRDY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BARGAIN BIRDY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Bargain Birdy WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF, IN WHOLE OR IN PART, Bargain Birdy’S CONDUCT IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING OR DELIVERING SERVICES. Bargain Birdy WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THEUSE OF THE BARGAIN BIRDY SITE OR THE SERVICES PROVIDED THROUGH THE SITE, EVEN IF BARGAIN BIRDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend, and hold harmless Bargain Birdy, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all losses, damages, liabilities, and expenses, including reasonable attorneys’ fees and costs, arising out of or in connection with your use of the Bargain Birdy Site or the Services provided through the site, any violation of these Terms of Use by you, or any violation of any rights of a third party by you.

These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong SAR, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the district or high courts located in Hong Kong SAR, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

These Terms of Use constitute the entire agreement between you and Bargain Birdy with respect to the use of the Bargain Birdy Site and the Services provided through the site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions ofthese Terms of Use shall remain in full force and effect. Bargain Birdy’s failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Bargain Birdy in writing.

Bargain Birdy may modify these Terms of Use at any time without prior notice. Your continued use of the Bargain Birdy Site after any such modifications shall constitute your acceptance of these modified Terms of Use. It is your responsibility to review these Terms of Use periodically for any changes.

If you have any questions or comments about these Terms of Use, please contact us at privacy@bargainbirdy.com.