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This version takes effect on June 20, 2025

These Terms of Service (this “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website and the Hi Bowl mobile software application (collectively, the “Services”), each owned and operated by Hi Bowl Restaurant Group Ltd. (“Hi Bowl”, “we”, “our” or “us”), and the services available thereon, including without limitation the services that enable you to access and manage your Hi Bowl membership, order food and beverages, and otherwise interact with Hi Bowl (the “Services”).

Users （“you” and “your”） should carefully read this Agreement and the Hi Bowl Privacy Policy before using the Services and signing up for membership. You must carefully read and fully understand the contents of each clause, especially the clauses that exempt or limit liability, legal application, and dispute resolution clauses. 

BY ACCESSING OR USING THE SERVICES OR CLICKING ON THE “I ACCEPT” OR SIMILAR BUTTON, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICES.  IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES.

By accepting this Agreement, you agree to be bound by the terms and conditions of this Agreement, as well as Hi Bowl’s Privacy Policy located at https://hibowl.haidilao-inc.com/ (the “Privacy Policy”), as it may be amended from time to time in the future. 

We may amend any part of this Agreement by adding, deleting, or varying its terms from time-to-time in our discretion.  We will provide you with notice of the proposed amendment by posting an amended version of this Agreement with a new “Last Updated” date on our Services, or we may notify you by other means. 

The amendments will take effect 30 days after the date on which we provide notice of the amended version.  Prior to that date, the previous version of this Agreement will continue to apply.

If you disagree with any amendments, you may terminate this Agreement by ceasing to use the Services at any time within the 30-day period before the amendments take effect.  If the amendment increases your obligations under this Agreement, or decreases our obligations under this Agreement, then you can also terminate in the 30 days after the amendments take effect.  In either case, there is no cost or penalty for terminating.  If you do not cease using the Services during that time, then by your continued use, you are considered to have accepted the proposed amendments.

1.  Account Usage and Management

1.1 User Qualification

In order to enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement.  It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you.  If you accept this Agreement, you represent that you have the capacity to be bound by it.

1.2 Your Profile Information and Account

If you sign up for a Hi Bowl account (“Account”), you agree that Hi Bowl is providing you with one user identification reference that you will use to create a username and password (together, the “User ID”) to the extent, and only to the extent, necessary to access and use the Services in accordance with this Agreement.  You agree and understand that you are responsible for maintaining the confidentiality of your User ID.  That User ID, together with any or other user information you provide, including but not limited to your social media profiles and location, will form your “Profile Information” and allow you to access your Account.  You will provide true, accurate, current and complete information about yourself, and you agree not to misrepresent your Profile Information.  You represent and warrant to Hi Bowl that you have not misrepresented any Profile Information.  You are responsible for any Profile Information that may be lost or unrecoverable through the use of the Services. If you need to update your Profile Information, you can check or modify your Profile Information within the Services, including making modifications on an ordering pad at Hi Bowl stores.

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity.  You agree not to disclose your User ID to any third party.  You are solely responsible for all activities that occur under your Account or under your Profile Information.  If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Hi Bowl immediately.  It is your responsibility to update or change any Account or Profile Information, as appropriate. Hi Bowl shall not be liable for any losses or consequences caused by your disclosure of your Account or Profile Information.

For paid Accounts (each, a “Paid Account”), Hi Bowl deems the person under whose name appears on the credit or charge card that pays the charges for the Services to be the owner and controller of the User ID, Profile Information and Paid Account for all purposes under this Agreement.  If a corporate or other organization’s name appears on the credit or charge card, that corporation or organization is deemed to be the owner.  If any dispute arises as to who owns or controls a User ID, Profile Information or Paid Account, the credit or charge card will continue to be charged, and you will be responsible to pay for the Services until Hi Bowl receives written confirmation from the Paid Account email address confirming a change in ownership and control of the Paid Account. 

In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to any Hi Bowl subscriptions at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting Jnd5d@haidilao.com. Doing so may have a material impact on our ability to provide any Services to you, and we are not responsible if you do so. 

1.3 Account Deactivation

If your Account has not been logged in and used for two consecutive years, Hi Bowl has the right to deactivate or cancel the account without further notice. From the date of the Account being deactivated or cancelled, this Agreement between Hi Bowl and you shall terminate. Unless otherwise stipulated by laws and regulations of Canada, after the Account is reclaimed and canceled, personal information contained within the Account will be removed and deleted, and all rights associated with the Account (if any, including but not limited to rights and interests provided by Hi Bowl affiliates or third-party partners relying on the Account) will also be reset. Hi Bowl will not provide any compensation for the Accounts deactivated or cancelled in accordance with this Section 1.3 and will not bear any responsibility for any losses caused by such circumstances.

Minors shall not register for an Account. If Hi Bowl finds out that a minor who lacks full capacity for civil conduct has registered for an Account without the consent of their parents or guardians, Hi Bowl will cancel the Account and delete the personal information contained within that Account. All rights associated with the Account (if any, including but not limited to rights and interests provided by Hi Bowl affiliates or third-party partners relying on the Account) will also be reset. Hi Bowl will not provide any compensation for the cancellation of minor Accounts in accordance with this Agreement and will not bear any responsibility for any losses caused by the cancellation of minor Accounts.

2. Account Cancellation

You may cancel your Account at any time through the interface provided as part of the Services, or through an ordering pad at a Hi Bowl store. Before canceling an Account, users should carefully read the Account cancellation notice and make a choice on whether to cancel the Account after fully understanding all the contents of the notice. By clicking “Read and agree Service deactivation notice” and selecting “Agree to cancel,” it signifies that you have fully read, understood, and accepted all the contents of the “Service deactivation notice.” 

When your Account is cancelled, all rights and interests of the Account (including but not limited to rights and interests provided by Hi Bowl affiliates or third-party partners relying on this Account) and your personal information will be reset. Hi Bowl is under no obligation to store your Account content and may delete your Account and your content immediately upon cancellation or may keep your Account and your content for up to 90 days following the last day of the month of cancellation. Hi Bowl will not provide any compensation for Account cancellation and will not bear any responsibility for any losses caused by the Account cancellation. 

If Hi Bowl, in its sole discretion and without notice, considers that you have (1) used the Services for fraudulent purposes (including but not limited to lending, selling, renting, or providing the Account to third parties for use in any other form; malicious, frequent, batch registration of accounts, etc.), (2) used the Services in violation of applicable laws or this Agreement, (3) used the Services or attempted to obtain any information within the Services in a manner that may harm the Services, (4) endangered the security of the Services, or (5) infringed the rights and interests of third parties (including intellectual property rights and privacy rights), Hi Bowl may immediately suspend access to or use of the Services. The suspension of use and access under this Section 2 is not a breach of this Agreement. Notwithstanding the above, Hi Bowl reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement.  Hi Bowl reserves the right to modify, suspend or discontinue the Services, or any portion thereof, at any time and for any reason, with or without notice. Hi Bowl has no liability to you for suspending the Services under this provision.

Membership will be automatically terminated upon the death of the Member. Points earned but not redeemed, and benefits and privileges will be canceled. Points do not constitute personal property and may not be inherited or transferred or otherwise disposed of.

3. Membership

3.1 Registration

You may choose at any time to sign up for membership within the Services (becoming a “Member”). The membership levels available in the Services and their respective requirements are detailed below. If you apply for a new membership, you must register with a Member name (nickname), password, and a mobile number or email. Each mobile number/email can only be registered once for a single membership. Joint accounts or multiple registrations by one person are not allowed. Please keep your Member Account and password secure. 

Registration methods include:

a) Registration with the assistance of Hi Bowl employee at a Hi Bowl store – Provide your information to the crew member for assistance, and the crew member will assist you in completing the registration.

b) Self-registration – At Hi Bowl stores through the ordering pad on the member login page, the Hi Bowl website, mobile application or through valid QR codes.

You will only be deemed to have formally become a member once you have been issued with a membership number.

3.2 Welcome Benefits

Upon successful registration, members will receive the following initial benefits:

• One free drink coupon: Effective on the date of registration. Valid for redemption of designated beverages at participating locations. Not redeemable for cash and may not be combined with other drink-related promotions.

• CAD $5 digital voucher: Automatically issued to the member account on the day following registration. No minimum purchase required. Valid for 30 days from the date of issuance.

All welcome benefits are non-transferable and may not be sold. Hi Bowl reserves the right to revoke benefits in the event of misuse or abuse.

3.3 Points Accumulation

• Members earn 1 point for every CAD $1 spent (excluding tax and gratuity) at participating locations. Transactions will be rounded up to the nearest dollar for point calculation.

• Points will only be accrued on eligible purchases made under an active and registered membership account.

• Hi Bowl may from time to time run special promotions offering bonus points, including but not limited to seasonal campaigns and engagement incentives.

3.4 Points Redemption

Points may be redeemed for rewards, including but not limited to:

• Hi Bowl digital vouchers applicable toward future purchases;

• Designated beverages, snacks, or other products.

Specific redemption items and corresponding point requirements are subject to availability and may vary by location or promotional period. All redemptions are final and cannot be exchanged for cash or change. Hi Bowl shall not be held liable for failed redemptions due to stock limitations or system malfunctions.

3.5 Points Validity and Account Activity

• All points are valid for 12 months from the date they are earned. Expired points will be automatically removed from the member’s account.

• If there is no point accumulation or redemption activity for a continuous 12-month period, the account will be deemed inactive. Hi Bowl reserves the right to clear all points from inactive accounts and may suspend or terminate such accounts.

3.6 Exclusive Member Benefits

Hi Bowl members may enjoy exclusive benefits offered from time to time, including but not limited to:

• Early access to new product tastings;

• Invitations to member-only promotions and special offers;

• Seasonal gifts or celebration perks;

• Limited-time discounts, prize draws, and Member Day campaigns.

3.7 Tax and Regulatory Obligations

Hi Bowl may be required to co-operate with any tax, regulatory and the third-party authorities by disclosing information about your membership and points. Hi Bowl reserves the right to disclose details of your membership and points accrued or redeemed as required by law. Hi Bowl reserves the right to co-operate with any tax, regulatory and the third-party authorities without liability.

4. Personal Information

Hi Bowl shall collect, store, use, and disclose your personal information to provide their Services, in accordance with Hi Bowl’s Privacy Policy. Hi Bowl recommends that you read Privacy Policy in its entirety to help them better protect their personal information. For the purposes of this Agreement and the Privacy Policy, “personal information” is any information about an identifiable individual.

Hi Bowl retains the right to use or share any Aggregated Data generated by anyone using the Services, including our users, for the purpose of enhancing and providing the Services. “Aggregated Data” means data that does not contain personal information, and which has been manipulated or combined to provide generalized, anonymous information.  You are still responsible for any and all personal information that is part of any Content (as defined below).

5. Acceptable Use and Conduct

You shall comply with all applicable laws and regulations when using the Services. 

You agree that you will not publish or make available any content that, or use the Services in a manner that: 

(a) infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;

(b) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(c) contains political propaganda, feudal superstition, obscenity, gambling, violence, or terrorism;

(d) is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;

(e) is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;

(f) is harmful to minors in any way;

(g) is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Hi Bowl;

(h) impersonates a Hi Bowl employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Services or a portion thereof without proper authorization;

(i) interferes or attempts to interfere with the proper working of the Services or prevents others from using the Services, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Services, or that otherwise negatively affects other persons’ ability to use the Services;

(j) uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Services or the content contained therein;

(k) facilitates the unlawful distribution of copyrighted Content;

(l) except as expressly permitted by Hi Bowl, licenses, sublicenses, rents or leases the Services to third parties, or uses the Services for third party training, commercial time-sharing or service bureau use;

(m) includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Services to users;

(n) stalks or otherwise harasses anyone using the Services or with information obtained from the Services; 

(o) requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Services for the purposes of automating logins to the Site;

(p) attempts to gain unauthorized access to the computer systems of Hi Bowl or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Services;   

(q) posts adult or pornographic Content;

(r) decompiles or reverse engineers or attempts to access the source code of the software underlying the Services or any other Hi Bowl technology;

(s) copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Services; 

(t) accesses the Services for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Services; or

(u) accesses the Services for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

Hi Bowl may, but has no obligation to, monitor content on the Services and your use of the Services.  You consent to such monitoring.  We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Hi Bowl or its customers, or operate the Services properly, or improve the Services.  Hi Bowl, in its sole discretion, may refuse to post, remove, or require you to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement, including, but not limited to the Privacy Policy.

6. Intellectual Property Rights

All material available on the Services and all material and services provided by or through Hi Bowl, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by Hi Bowl or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws. 

Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, Hi Bowl grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited purpose right to access and use the Materials that we make available to you.  You are not permitted to download, copy or otherwise store any Materials.

The Services enable you to provide or upload content, including but not limited to messages, materials, data, text, music, sound, photos, videos, graphics, applications, code and other information or content (collectively, “Content”), to Hi Bowl for the purpose of providing the Services or as otherwise permitted under this Agreement.   You acknowledge and agree that you are solely responsible for all Content you submit, provide or upload and the consequences for submitting, providing or uploading it. 

Hi Bowl will use Content you upload solely in connection with providing the Services.  You agree that by uploading or otherwise providing any Content on or through the Services, you grant to Hi Bowl a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such Content, in connection with providing the Services.  This license includes the right to host, index, cache or otherwise format your Content in order to provide the Services. 

You represent and warrant that you own your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to Hi Bowl or Hi Bowl’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. 

You agree that Hi Bowl is not responsible for any violations of any third party intellectual property rights in any Content that you submit to Hi Bowl.  You agree to pay all royalties, fees and any other monies owing to any person by reason of the Content uploaded, displayed or otherwise provided by you to the Site. 

Except with respect to Content, you agree that any ideas, suggestions, concepts, processes or techniques which you provide to Hi Bowl related to the Services, Hi Bowl or its business (“Feedback”) are and will be Hi Bowl’s exclusive property without any compensation or other consideration payable to you by Hi Bowl, and you do so of your own free will and volition. Hi Bowl may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Hi Bowl may decide into the Services, its software, documentation, business or other products or services, or any future versions or derivatives of the foregoing.  You hereby assign all rights on a worldwide basis in perpetuity to Hi Bowl in any Feedback and, as applicable, waive any moral rights. 

7. Disclaimer of Warranties  

YOUR USE OF THE SERVICES AND ALL CONTENT FORMING PART OF OR RELATED TO THE SERVICES, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK.  THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  HI BOWL EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.  

HI BOWL DISCLAIMS ANY WARRANTY THAT THE SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU AGREE THAT FROM TIME TO TIME HI BOWL MAY CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU.  YOUR ACCESS AND USE OF THE SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SERVICES OR OTHER ACTIONS THAT HI BOWL, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE.

HI BOWL IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY SERVICE, CONTENT, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, ORDER AND DELIVERY SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY HI BOWL, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SERVICES, SOFTWARE OR HARDWARE NOT PROVIDED BY HI BOWL. 

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SERVICES.  HI BOWL DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SERVICES AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HI BOWL OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 

THE SERVICES ARE OFFERED AND CONTROLLED BY HI BOWL IN CANADA.  HI BOWL MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

8. Third Party Sites and Content 

The Services may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Hi Bowl Services.  These other websites are not under Hi Bowl’s control, and you acknowledge that Hi Bowl is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources.  The inclusion of any such link does not imply endorsement by Hi Bowl or any association with its operators.  You further acknowledge and agree that Hi Bowl will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such website or resource.  Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.

9. Exclusive Remedy and Limitation of Liability 

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL HI BOWL OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HI BOWL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT.  HI BOWL’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO: (A) $100.  TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, HI BOWL’S LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING OR ANYTHING ELSE HEREIN TO THE CONTRARY, HI BOWL WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF IN ANY WAY WITH RESPECT TO YOUR PROVISION OF AN INDIVIDUAL’S PERSONAL INFORMATION TO HI BOWL OR THROUGH THE SERVICES. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.

THE FOREGOING LIMITATIONS WILL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN HI BOWL AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.  YOU ALSO AGREE THAT HI BOWL WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

10. Waiver of Jury Trial and Class Action Rights; Limitation of Time

WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THE SERVICES AND/OR THIS AGREEMENT: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

You agree that you will not bring a claim under or related to this Agreement more than 12 months from when your claim first arose.

11. Indemnity

You agree to indemnify, defend, and hold harmless Hi Bowl, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to this Agreement, the Services, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Services and any Content, including without limitation your Profile Information and any third party content forming part of the Site;  (b) your violation or alleged violation of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein.  Hi Bowl reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Hi Bowl and you agree to cooperate with Hi Bowl’s defense of these Claims. You agree not to settle any matter without the prior written consent of Hi Bowl.  Hi Bowl will use reasonable efforts to notify you of any such Claims upon becoming aware of it.

12. Dispute Resolution

All disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration under the applicable Rules of Procedure of the Vancouver International Arbitration Centre (VanIAC). The appointing authority shall be the VanIAC. The case shall be administered by the VanIAC in accordance with its Rules. The place of arbitration shall be Vancouver, British Columbia, Canada.

Each party will cover its own fees and costs associated with the arbitration proceedings; however, if the arbitrator finds that you cannot afford to pay the fees and costs reasonably associated with the arbitration proceedings, we will pay them for you. 

The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.

Notwithstanding the foregoing, Hi Bowl may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that this Agreement specifically enforceable by Hi Bowl through injunctive relief and other equitable remedies without proof of monetary damages.

If this Section is found to be unenforceable or if it does not apply to you, then the entirety of this Section will be null and void and, in that case, you hereby irrevocably submit to the personal and exclusive jurisdiction of the courts of the Province of British Columbia for resolution of any lawsuit or court proceeding permitted under this Agreement.

13. Notification

You agree that the Hi Bowl providing notice to you through the relevant notification, prompt, and announcement programs within the Services constitutes a legal means of providing notice to you. Hi Bowl has the right to fulfill its notification obligations (if any) through the Services, and it is deemed that Hi Bowl has fulfilled its notification obligations (if any) appropriately.

Hi Bowl will deliver various notices to the current contact information on your Account, and the content of such notices may have significant beneficial or adverse effects on your rights and obligations. You must pay attention to them in a timely manner. If Hi Bowl fulfills the relevant notification obligations (if any) in accordance with this Agreement and the user claims not to have been informed of the notification content, Hi Bowl shall not be liable.

14. Miscellaneous 

If there is any dispute between you and Hi Bowl about or involving this Agreement, the Site or the Services, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein without regard to its conflict of law provisions.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be stricken from this Agreement. 

You agree that if Hi Bowl does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Hi Bowl has the benefit of under any applicable law), this will not be taken to be a formal waiver of Hi Bowl’s rights and that those rights or remedies will still be available to Hi Bowl. 

The sections of “Intellectual Property Rights”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Exclusive Remedy and Limitation of Liability”, “Waiver of Jury Trial and Class Action Rights”, “Limitation of Time”, “Indemnity”, “Dispute Resolution” and “Miscellaneous” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.

This Agreement is the entire agreement between us related to the subject matter in this Agreement.  This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.

15. Contact Us

If you have any questions, comments, or suggestions regarding this Agreement or the use of this software, you can contact us through the following methods: 

Send an email to: Jnd5d@haidilao.com