The Agreement was last updated on 08/26/2019

INTRODUCTION

1. Thank you for placing an order with Dop And Tang, LLC (“the Company”) at ‘www.dopandtang.com (“Website”) located at 177 E Hartsdale Avenue, suite LLB, Hartsdale, NY, 10530.
2. By placing an order, clicking to accept this Agreement or using or accessing any of the Company or related services and/or products, you agree to all the terms and conditions of the Agreement.
3. If you are using, ordering and/or purchasing the Company’s service(s) and/or product(s) and/or related service(s) on behalf of a Company or other entity, then “Customer” or “you” means that entity, and you are binding that entity to the Agreement. You represent and warrant that you have the legal power and authority to enter into the Agreement and that, if the Customer is an entity, the Agreement is entered into by an employee or agent with all necessary authority to bind that entity to the Agreement.

GENERAL

4. The terms and conditions of the Agreement (together with any other terms and conditions agreed in writing between the Company and the Client from time to time) constitute the entire agreement between the parties and supersede any previous agreement(s) or understanding(s) and may not be varied except with notice from the Company.
5. No failure or delay by the Company in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by the Company of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.

DEFINITION AND INTERPRETATION

6. The following words used herein have the following definitions and meanings :-
6.1 ‘Authorized Users’ refers to the Client’s employees, agents, contractor, third parties, staffs or any entity that is duly authorized to act on behalf of the Client.
6.2 ‘Client’ refers to you as the receiver of the Services and/or products (as the case may be) and will also include inter alia, to your employees, agents, contractor, third parties, staffs or any entity that is duly authorized to act on behalf of you.
6.3 ‘Materials’ refers to any materials, goods, parts or items the Company needs to buy for the performance of the Services and/or products.
6.4 ‘Parties’ collectively refers to ‘the Company’ and its employees, agents, contractor, third parties, staffs or any entity that is duly authorized to act on behalf of the Company for the carrying out of the Services as the Service Provider and ‘You’ as the Client and its authorized agents, contractors, employees or any entity duly authorized for and on behalf of you.
6.5 ‘Products’ refers to all the products available for sale on the Company’s website, prices of which are subject to the amount stated on the Website at the time or purchase.
6.6 ‘Services’ refers to the orders and/or services hereinafter displayed on the Website, as the case may be and subject to change from time to time.
6.7 ‘Service Provider’ refers to the Company and/or its employees, agent, contractor, third parties, staff or any entity that is duly authorized to act on behalf of the Company for the carrying out of the Services.
6.8 ‘We, Us or Our’ refers to the Company and its employees, agents, contractor, third parties, staffs or any entity that is duly authorized to act on behalf of the Company for the carrying out of the Services and/or to provide you with the Products.
6.9 ‘You or your’ refers to the Client.

THE SERVICES & THE PRODUCTS OF THE COMPANY

7. General terms in respect of the Services and Products
7.1 The Company shall provide the Services and/or the Products to the Client subject to the terms and conditions contained herein or any other reference to documents referred to by the Company to the Client or such other terms and conditions as may be agreed in writing between the Company and the Client.
7.2 If in any event, the Company is unable to provide the Services and/or the Products, it will inform the Client as soon as reasonably possible.
8. Account
8.1 You being the User will be subject to the Terms and Condition of Use in respect of your account when using the Company’s services or purchasing a product.
9. License to use the Platform on the Website
9.1 Subject to your compliance with the terms and conditions contained herein, the Company hereby grants you a limited, non-exclusive, revocable, non-transferable, and non-sub licensable license to reproduce and display the contents solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform usage on the Website (“the Platform”).
9.2 By using the Platform, you agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, except as expressly permitted in these Terms.
9.3 The Platform are provided to you ‘as is’. If you download or print a copy of the contents on the Website for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in these Terms.
10. Responsibilities, Obligations and Due Diligence
10.1 At the absolute discretion of the Company, it will provide the Client with the Services and/or products in its best endeavour to the Client.
10.2 In the event that the Company is unable to provide the Services and/or products (as the case may be) within a reasonable period from the dates(s) and time(s) and the Company have agreed or notified the Client then the Client will have the rights subject to the terms and conditions contained herein to exercise the Client’s option to wait until the Company is available to start performing the Services.
10.3 In the event that the Company has begun performance of the Services and the Client has in the course of exercising your right of termination of the Agreement pursuant to the provision contained herein, the Client will be liable to pay for any Services incurred by the Company up to the date of termination of the Agreement.
10.4 Without limitation to any of the rights contained herein and contractual remedies, the Company reserves the right to claim for any loses and damages incurred as a result of the termination.
10.5 The Client shall not request the Company to perform Services which are immoral or unlawful in nature. The decision will be at the absolute discretion of the Company.
10.6 The Client shall endeavour to provide the Company with as much detailed information as possible regarding the Services under request in order for the Company to provide excellent services.
10.7 The Client shall not request the Company to perform Services to, from and for people or places where the Company’s staffs, employees, agents and any other duly authorized entities of the Company may experience any form of abuse, bodily harm or death.
11. Payment
11.1 The Company offers various services and/or products for its Customers and a list of the same is displayed on the Website.
11.2 The Company asks that you review the said list of services and/or products at . (collectively referred to as the “Charge”)
11.3 The Company requires payment for Services/products to be made prior to the performance of the Service.
11.4 The Company shall be entitled to vary the Charge from time to time and shall communicate any such changes to the Client before any payment is made.
11.5 The Company shall be entitled to invoice the Client for any incidental costs incurred during the facilitation of the Client’s request, including costs from unexpected delays, toll charges etc.
11.6 All payments made to the Company via Credit Card transactions are liable to handling charge. This handling charge is added to the total sum owing to the Company by the Client.
12. Termination and Refunds
12.1 By using the Services and/or purchasing the Products, you being the Customer is bound by the Company’s Refund Policy.
12.2 After the Parties have entered into the Agreement, refunds may only be requested, subject to the final discretion of the Company when performance by the Company has not begun.
12.3 Any refunds made by the Company will be with reduction of the direct costs including any handling costs.
12.4 Without prejudice to any other rights and remedies available, the Company shall have the right to terminate the Agreement for the provision of all or any of the Services upon written notice if the Client commits a serious breach of the terms and conditions contained herein. The Company reserves the right to claim against the Client including but not limited to losses and damages as a result of the termination by the Client.
12.5 On termination for any reason whatsoever, the Client shall immediately make payment to the Company of all and any sums outstanding and owing to the Company.
12.6 In the event that a deposit is paid by the Client, at the sole discretion of the Company, the deposit will be retained by the Company and for the necessary deduction of the Company losses and costs without prejudice to its rights to further claim damages against you.
13. Prohibitions of using the Platform on the Website
13.1 You, being the User shall observe the Company’s shipping and return Policy governing the rules, regulation, terms and conditions in respect submission of shipping and returns on the Website.

LIABILITY, EXCLUSION AND LIMITATIONS

14. The Company warrants to the Client that it shall use all of its reasonable endeavours to provide the Services and/or Products using reasonable care and skill and as far as reasonably possible, in accordance with the Client’s order / purchase order (as the case may be).
15. The Company will not exclude or limit liability for its negligence or negligent omission which causes personal injury or death.
16. The Company shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the use of Services and/or Products (as the case may be) except where it is expressly determined that a person acting under the direct instruction of the Company has knowingly acted in a negligent manner.
17. The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Client which are incomplete, incorrect or inaccurate or any other fault of the Client.
18. The Company shall not be liable or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure, any of the Company’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Company’s reasonable control.
19. Subject to the provisions of the terms and conditions contained herein, the maximum liability of the Company to the Client for breach of any of its obligations hereunder shall be limited to the value of the respective Charge (provided that the Charge has at such time been paid by the Client in full).

INDEMNIFICATION AND RELEASE

20. You agree to release, defend, indemnify, and hold the Company and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with :- (a) your access to or use of the Platform on the Website and/or your violation of these Terms; (b) your interaction with any Member or user on the Website; and (c) the request or receipt or offer of Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with the Services.
21. Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold the Company and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

DISCLOSURE OF INFORMATION

22. All private information shall be governed by the Privacy Policy on the Website.
23. Unless the Company receives notice from the Client to the contrary, the Company shall from time to time provide to the Client (by post, telephone or email) such information in relation to the Services and/or Products that the Company considers may be of interest to the Client.

AMENDMENTS

24. The Company may update or modify this Agreement from time to time. If the Company modifies the Agreement during the Services and/or providing the Products, the modified version will take effect upon the next Service and/or providing the Products.
25. Client may be required to check the update version from time to time after the modified version takes effect, in any event the continued use of the Services or Products shall constitute acceptance of the modified version.

SEVERABILITY

26. If any provision of this Agreement is found by any Court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.

FORCE MAJEURE

27. Neither Party will be liable for any delay or failure to perform its obligations under the Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.

SUBPOENAS

28. Nothing in the Agreement prevents the Company from disclosing Client information and data to the extent required by law, subpoenas, or court orders, but the Company will use commercially reasonable efforts to notify Client where permitted to do so.

ASSIGNMENT

29. The Agreement will bind and inure to the benefit of each Party’s permitted successors and assigns. Neither Party may assign the Agreement without the advance written consent of the other party, except that the Company may assign the Agreement without consent to an affiliate or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of its assets or voting securities.

ENTIRE AGREEMENT

30. The Agreement represents the parties’ complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral communications, proposals and representations with respect to the Company or any other subject matter covered by this Agreement.

INCORPORATION

31. The Agreement, shall unless otherwise suggested, incorporate all terms and conditions contained and set out in the Privacy Policy and other written documents deemed appropriate by the Company.

GOVERNING LAW, JURISDICTION AND VENUE

32. This Agreement is governed by the laws in the state of [Insert Jurisdiction*], without regard to choice or conflict of law rules thereof.

CONTACT US

33. The Company welcomes your questions or comments regarding the foregoing Terms.
Email : tech@dopandtang.com
Effective as of 08/26/2019