TERMS OF USE OF DOCUTONE VIRTUAL DATA ROOM

Last Updated: 10 October, 2019

THESE TERMS OF USE (“TERMS OF USE”) TOGETHER WITH THE PRIVACY POLICY CONTAINED IN THIS WEBSITE (“PRIVACY POLICY”) SET OUT THE TERMS AND CONDITIONS UPON WHICH YOU ACCESS TO OR USE THIS WEBSITE AND THE SERVICES (“SERVICES”) OFFERED BY DOCUTONE (“DOCUTONE”). IN ADDITION TO THESE TERMS OF USE, ALL USERS OF THE SERVICES (INCLUDING ANY PORTION THEREOF) MUST BE AUTHORIZED TO USE THE SERVICES BY A CLIENT OF DOCUTONE (AN “AUTHORIZING CLIENT”) WHO HAS ENTERED INTO A SEPARATE SERVICE AGREEMENT WITH DOCUTONE (“SERVICE AGREEMENT”) AND HAS AUTHORIZED THE USER TO USE ALL OR A PORTION OF THE SERVICES THROUGH THE AUTHORIZING CLIENT’S ACCOUNT. ANY USE OF THE SERVICES IS SUBJECT TO THE TERMS AND CONDITIONS OF THE SERVICE AGREEMENT, THESE TERMS OF USE AND THE PRIVACY POLICY. 

BY ACCESSING TO AND USING THIS WEBSITE AND THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE AND PRIVACY POLICY. IF YOU DON’T AGREE WITH OUR TERMS OF USE, PRIVACY POLICY OR THE TERMS AND CONDITIONS OF THE SERVICE AGREEMENT, YOU NEED TO STOP USE OF OUR WEBSITE AND SERVICES IMMEDIATELY. TO STOP USING THE SERVICES, PLEASE ALSO INFORM US THROUGH SUPPORT@DOCUTONE.COM.

Please read these Terms of Use and the Privacy Policy carefully before your use any aspect of the Website and the Services. By using this Website and/or the Services, you accept and agree to abide by these Terms of Use and the Privacy Policy. In addition, if you are a user of the Services, please also check with your Authorizing Client the terms and conditions of the Service Agreement between Docutone and your Authorizing Client that are relevant to your use of the Services.

We may change the Terms of Use from time to time and will notify you by revising the “Last Updated” date at the top of the Terms of Use. You are expected to check the updated Terms of Use from time to time so that you are aware of any changes these Terms of Use, as they are binding on you.

Your use of the Website and the Services shall constitute acceptance of these Terms of Use, Privacy Policy, the terms and conditions of the Service Agreement and any revisions thereof. In some cases, we may require acceptance on the Website of the Terms of Use and/or additional terms and conditions as a condition for any Users to use of the Website and the Services.

ACCESSIBILITY

Unless otherwise provided under in the Service Agreement, Docutone may modify this Website and the Services in its sole discretion without notice and may restrict access to some parts of Website and the Services, or the entire Website and the Services, to Users for scheduled maintenance or for other purposes.

Docutone will not be liable to any User if all or any part of the Website and the Service is unavailable for any reason at any time or for any period.

ACCOUNT SECURITY

To log into the Services, you are required to provide your user ID, password and/or any other piece of information as part of our security procedures, you must treat such information as confidential and with proper care. You will neither provide any third party with, permit third parties to use, your user ID, password or other security information nor use any other User’s user ID, password or other security information to access the Services. You agree to notify, or to cause the Authorizing Client to notify Docutone immediately of any unauthorized access to or use of your user ID or password or any other breach of security with respect to the Services involving your account.

You also agree to ensure that you exit from your account at the end of each session. You are required to use extra caution if you access the Services from a public or shared computer so that others are not able to view or record your account, password or other personal information.

Docutone has the right to suspend or permanently disable any user ID, password or other identifier, at any time for any or no reason if in our sole discretion, any User or Authorizing Client has violated any provision of the Terms of Use.

DOCUMENT OWNERSHIP

Documents and information hosted on or sent through the platform of the Services are not considered part of the Services and remain the property of their respective owner(s). Your access to such documents and/or information through the Services is strictly at the discretion of the Authorizing Client. Users shall check with the Authorizing Client on how they shall access and use these documents and information.

INTELLECTUAL PROPERTY RIGHTS

Title to the Website, the Services and its entire contents, features and functionality belongs to Docutone, or as the case may be, to its licensors or other providers of such material. Unless otherwise expressly permitted by Docutone, no right, title or interest in or to the Website, the Services or any rights associated therewith is transferred to Users. Users shall not copy, modify, distribute, rent, lease, transmit, convey, translate, disassemble, reverse engineer or decompile any portion of the Website or the Services without Docutone’s express permission. Any use of the Website or the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may potentially violate copyright, trademark and other laws. Docutone reserves the right to terminate the rights of such User immediately if any User violates these Terms of Use.

TRADEMARKS

The marks Docutone and all related names, logos, products and service names, designs and slogans are trademarks of Docutone or its affiliates or licensors. You must not use such marks without the prior written permission of Docutone.

PROHIBITED USES

As one of the conditions for you to use the Website and the Services, you agree that you will only use the Website and the Services for lawful purposes and in accordance with these Terms of Use and the terms and conditions of the Service Agreement. In using the Website and/or the Services, you agree not to:

  • do anything illegal;
  • engage in any activity that infringes the rights of others;
  • engage in any activity that exploits, harms, or threatens to harm children;
  • send spam or use your account to help others send spam. Spam is unsolicited bulk email, postings or instant messages;
  • publicly display inappropriate images (e.g. nudity, bestiality, pornography);
  • engage in activity that is intentionally false or misleading (e.g. attempts to ask for money under false pretenses, impersonating someone else);
  • engage in activity that is harmful to the Website or the Services or engage on or through the Website or Services in activity that is harmful to any third party (e.g. viruses, stalking, hate speech, advocating violence against others);
  • infringe upon the rights of others (e.g. unauthorized sharing of copyrighted files, books, music, resale or distribution of photographs and other digital content);
  • engage in activity that violates the privacy of others.

COMPLIANCE OF LEGAL DEMAND

In the event, Docutone receives a subpoena, order from a court, tribunal or government entity or any other legally binding demand (“Legal Demand”) that requires access to or copies of the files or information hosted on the Website and/or Services platform, Docutone will, unless prohibited by the terms of the Legal Demand or governing law, promptly provide written notice to the Authorizing Client, not to any Users, of such Legal Demand. To the extent the Authorizing Client fails to prove to Docutone that it has eliminated by the deadline the legal efficacy, by means of a successful motion to quash or other action of the Legal Demand, Docutone may comply with the Legal Demand.

DOCUTONE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DOCUTONE’S PRODUCTION OF CLIENT FILES OR INFORMATION, OR ANY OTHER ACTION OF OMISSION, IN COMPLIANCE WITH ANY LEGAL DEMAND.

RELIANCE ON INFORMATION

The information presented on the Website or through the Services is made available solely for the purposes of general information only. Docutone does not warrant and shall not be held liable for the accuracy, completeness or usefulness of this information.

CHANGES TO WEBSITE

Docutone may update the content on this Website from time to time in its sole discretion, but its content is not necessarily complete or up-to-date. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material.

LINKAGE OF OUR WEBSITE OR THE SERVICES

You may link our Website or our Services to your website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. In any case, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

LINKS FROM THE WEBSITE AND THE SERVICE

In the event the Services or the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Docutone does not have any control over the contents of those sites or resources. If you choose to access to any of these websites or resources subject to the terms of use of these websites and resources, you do so entirely at your own risk.

YOU AGREE DOCUTONE DOES NOT HAVE ANY RESPONSIBILITY WHATSOEVER FOR THEM OR FOR ANY LOSS, CHARGES OR DAMAGES THAT MAY ARISE FROM YOUR USE OF THEM.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DOCUTONE NOR ANY PERSON AUTHORIZED BY DOCUTONE MAKES ANY WARRANTY OR REPRESENTATION TO ANY USER WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, FUNCTIONALITY OR AVAILABILITY OF THE WEBSITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER DOCUTONE NOR ANYONE AUTHORIZED BY DOCUTONE REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET THE NEEDS OR EXPECTATIONS OF ANY USER.

DOCUTONE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN ADDITION, DOCUTONE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSS, LOSS OF FILES, LOSS OF DATA OR DAMAGE CAUSED BY ANY WEB ATTACK, BUGS, WORMS, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

DISCLAIMER OF LIABILITY

IN NO EVENT WILL DOCUTONE, ITS AFFILIATES, THEIR LICENSORS OR LICENSEE, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Docutone, its affiliates, licensors, licensees, officers, directors, employees, agents, suppliers successors and assigns against all claims, actions, damages, liabilities, and expenses, including attorney’s fees, arising out of or related to your violation of these Terms of Use or your use of the Website or the Services other than as expressly authorized in these Terms of Use.

GOVERNING LAW AND JURISDICTION

For Users with their domicile or operations within the Mainland of the People’s Republic of China, all matters relating to the Services and these Terms of Use shall be governed by and construed in accordance with the laws of the People’s Republic of China without giving effect to any choice or conflict of law provision or rule.

For Users with their domicile or operations outside the Mainland of the People’s Republic of China, all matters relating to the Services and these Terms of Use shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region without giving effect to any choice or conflict of law provision or rule.

Any dispute arising from or in connection with these Terms of Use or the use of the Website or the Services shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration which shall be conducted in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.

SEVERABILITY

If any of the terms and conditions or provisions of these Terms of Use or the Privacy Policy shall be held to be invalid, illegal or unenforceable, for any reason, by any court of competent jurisdiction, such provisions shall be severed and the remainder of the provisions of these Terms of Use or the Privacy Policy, as the case may be, shall continue in full force and effect, as if these Terms of Use or the Privacy Policy, as the case may be, had been executed with the invalid, illegal or unenforceable provision eliminated.

WAIVER

The failure or delay by Docutone in exercising any of its right, power or remedy under these Terms of Use shall not constitute or be construed as a waiver of any such right, power or remedy.

ENTIRE AGREEMENT

These Terms of Use and our Privacy Policy and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service and the Website. There exists a separate Service Agreement between Docutone and the Authorizing Client under which the Authorizing Client may have certain rights and obligations, but you are not a party to, or intended third party beneficiary of such Service Agreement.

These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and Docutone and supersedes all prior agreements, communications or proposals between you and Docutone with respect to the Services and the Website.

In addition to these Terms of Use and the Privacy Policy, you may be required to abide by the certain terms and conditions set forth by the Authorizing Client with respect of the use of the Services as a User.

COMPLAINTS AND INFRINGEMENT CLAIMS

All complaints and notifications of any claims concerning these Terms of Use, Privacy Policy, the Website or the Services shall be sent to:

Legal Department
Beijing Docutone Information Technology Limited

Spaceyun,
4/F Building B3, Z&W Industrial Park
14 Jiuxianqiao Road,  Chaoyang District,
Beijing 100015, China

+86 15810971959
legal@docutone.com

QUESTIONS, COMMENTS AND REQUESTS

Any questions, comments and requests regarding the Website, the Services, these Terms of Use or the Privacy Policy should be addressed to support@docutone.com.