Binpin's Terms & Conditions

To ensure transparency of your data and to comply with GDPR, Binpin has written Terms & Conditions for use of the Binpin app. Binpin’s Terms & Conditions consist of the following sections:

 

– Your use of Binpin

– Privacy Policy

– Termination

– Dispute Resolution and Arbitration

– Disclaimer

 

Please read these terms carefully. By downloading, accessing or using the App you agree on our terms of use. If you do not agree on these, please do not use our service. We can change or accommodate these terms of use at any time and in our own discretion. However, if we do so, we will notify you about such changes before you use our Service, for example by mentioning it in the update notes on the App-Store when releasing a new version of the app.

 

By the continual usage of the services you accept changes of the terms of use. If you don’t agree upon the changes, please do not use our services any further and particularly delete our app.

 

YOUR USE OF BINPIN

Binpin is intended to enable you to help yourself. It is your own responsibility how you use Binpin, and your own risk how your use of Binpin affects you.

 

PRIVACY POLICY

 

When you use Binpin we will collect some information about you. It is important to Binpin that you feel safe when using Binpin, and therefore it is important that you know what information Binpin collects, and what Binpin is entitled to do with this information. This is why Binpin has drawn up the privacy policy set out below. This privacy policy governs the use of any Binpin application, website, or service (collectively, “Binpin”), as well as any application, website, or service on which it is posted.

 

By visiting and/or using Binpin, you are accepting the practices described in this privacy policy. If you do not agree to the terms of this policy, please do not use Binpin. Binpin reserves the right to modify the terms of this privacy policy from time to time without notice. Your continued use of Binpin following the posting of changes will mean you accept those changes.

 

Collecting information:

 

Binpin collects anonymized information on the general use of " "the app using Google Analytics services.

 

Binpin does not collect information about race, ethnicity, political conviction, religion, sexual preferences, state of health or philosophical beliefs.

 

Binpin does not ask for personal information besides an email address, which is necessary for password resets. If other personal information is entered in the app, this is at your own risk. We encourage you to use a non-personal nickname and a non-personal email when you create your account.

 

Binpin stores the data you enter in the app (e.g. the name of food items, expiration dates, your username and more) on a Google Firebase database. By using Binpin, you give Binpin permission to collect data from your use of the app and to use the collected data to improve the app.

 

Binpin does not share data with third parties.

TERMINATION

 

You or we may suspend or terminate your account or your use of Binpin at any time, for any reason or for no reason. We may also block your access to Binpin in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for our users or us; or (d) or as otherwise provided herein or in another incorporated policy. You understand that any termination of your account, by you or us, may involve the permanent deletion of your data. You understand that Binpin may permanently delete any data you submit through Binpin at any time without notice. Binpin will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data.

 

 

DISPUTE RESOLUTION AND ARBITRATION

 

If a dispute arises between you and Binpin, we would like to learn about and address your concerns. Disputes regarding Binpin may be reported to us at gzfengxuekeji@163.com.

 

If you and Binpin are unable to resolve your concerns informally, you and Binpin each agree that any and all disputes or claims arising out of or relating to these Terms or the relationship between you and Binpin shall be resolved exclusively through final and binding arbitration, as set forth in this section (“Arbitration Terms”), rather than in court. These Arbitration Terms and any dispute or arbitration hereunder will be conducted under the rules of the International Chamber of Commerce in the English language and shall be governed by the laws of the United States of America, without regard to principles of conflict of law, including any applicable statutes of limitations. The proceedings will be before three arbitrators with each party selecting one arbitrator and the two arbitrators so selected to select the third arbitrator. The arbitrators’ award shall be final and binding, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

 

You and Binpin agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. Unless both you and Binpin agree otherwise, the arbitrators may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrators may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Binpin users.

 

The proceedings shall take place in the United States of America, and attendance at an in-person hearing may be made by telephone by you and/or Binpin, unless the arbitrators require otherwise. The arbitrators shall have the authority to award compensatory damages only and shall not award punitive or exemplary damages. Notwithstanding the foregoing, either party may, at its sole discretion, seek injunctive relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief). The prevailing party in any legal proceeding brought by one party against the other party in a dispute shall be entitled to recover its legal expenses, including, but not limited to, the costs of any court or arbitration proceeding and reasonable attorneys’ fees. Binpin will advance you any arbitration fees that exceed what you would have had to pay for court proceedings, provided that you shall refund such amounts if Binpin ultimately prevails in the arbitration.

 

If a court decides that any part of these Arbitration Terms is invalid or unenforceable, the other parts of these Arbitration Terms shall still apply.

 

 

DISCLAIMER

 

YOUR USE OF BINPIN IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH BINPIN OR OTHERWISE PROVIDED BY US ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO BINPIN. WE DO NOT REPRESENT OR WARRANT THAT BINPIN OR ANY INFORMATION OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BINPIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF BINPIN OR ANY INFORMATION OR SERVICES WE PROVIDE, OR ANY OTHER WARRANTY, THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH BINPIN MAY BE OUT OF DATE, AND NEITHER BINPIN NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BINPIN OR THROUGH ITS SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

 

LIMITATIONS OF LIABILITY

 

BINPIN DOES NOT ASSUME ANY RESPONSIBILITY FOR AND WILL NOT BE LIABLE, FOR ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING BINPIN, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM BINPIN. IN NO EVENT WILL BINPIN, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF BINPIN, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF BINPIN, ANY WEBSITES LINKED TO BINPIN, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH BINPIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [[YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRE-LY WITH YOU.]] THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN THE EVENT OF ANY PROBLEM WITH BINPIN OR ANY CONTENT OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING BINPIN OR THE CONTENT OR SERVICES."