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Terms & Conditions and Privacy Policy

Terms and Conditions

This site is operated by Doki Technologies Limited. (referred herein as “Doki” or “We”). Please read these terms carefully. By purchasing our dokiWatch (“Device”), using our service (“Service”), or accessing our website (www.doki.com) (“Site”), you agree to be bound by all of the terms, policies and conditions described herein. If you do not agree to all of these terms policies and conditions, do not use our devices, services or the Site. If you are using our site on behalf of any entity, you represent and warrant that you are authorized to accept these terms on such entity’s behalf, and that such entity agrees to indemnify you and us for violations of these terms.

We reserve the right to change or modify these terms or any of our policies or guidelines, at any time. Any changes or modification will be effective immediately upon posting of the revisions on our Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of our Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

Order Cancellation Policy

We will not accept cancellations anytime after or once the order has been placed.

Delivery Policy

The estimated delivery date for pre-orders is indicated on the checkout page. Once an order has been shipped, Doki will send an email notification with a tracking number to the customer.

Customers must bear all fees associated with customs duties and VAT tax. If the parcel is held by customs due to import duties and VAT tax requirements, it is the customer’s responsibility to pay for all such additional fees.

Refund Policy

Doki offers a 14-day Refund & Exchange Policy for dokiPal under conditions that Doki deems it as a defective Device. If your Device is defective under our Warranty Policy, a refund or replacement request must be made within 14 days of receiving your product. With the help of Doki’s Customer Service team, the customer must try all reasonable means to get the product to function before issuing such a request. Customers must bear all costs for shipment returns to Doki. Upon receiving the Device from the customer, Doki will examine the Device and determine whether the Warranty Claim qualifies for free replacement, paid replacement, free repair, paid repair, or refund. Doki retains the right to reject any Return/ Refund and Warranty Claim requests for Devices that are not considered defective and/ or not covered under our Warranty Policy.

Content Policy

By using the Site, Service and/or Device, you acknowledge and agree that:

  • Under no circumstances will Doki be liable in any way for any Content (e.g., Global Positioning Data received from your use of our Service or Device) or for any loss or damage of any kind incurred as a result of the use of any Content posted, submitted or otherwise made available via the Site and/or the Service.
  • Your use of the Service and all Content you posted on, transmitted through or linked from the Site and/or the Mobile applications is in compliance with the rules set forth in these Terms and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of data exported from your country of residence and all export control laws.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and users, or to ensure the integrity and operation of the Service, our business and our systems, we may access and disclose any information we consider necessary or appropriate, including, but not limited to, IP addresses and traffic information, usage history, and submitted Content. Our right to disclose any such information will supersede any terms of the Privacy Policy.

Copyright

The Service and all content and other materials on the Site and Mobile, including, but not limited to, the beats and other musical effects provided via the Site and Mobile, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the “Materials”) are our property or that of our licensors or users and are protected by Hong Kong and/or international copyright laws.

Trademark

Our logos and any other service name or slogan on the Site are trademarks of Doki and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without our prior written consent or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Doki” or any other name, trademark or service name of Doki without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Doki and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, service names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Limited License and Restrictions

We grant you a limited, non-sublicensable, non-exclusive and revocable license to access and make use of the Site and the Materials solely in accordance with, and subject to, these Terms and any other of our policies as posted on the Site. Except as otherwise expressly permitted by these Terms, you may not: (i) collect, use, copy or distribute any portion of the Site or the Materials; (ii) resell, publicly perform or publicly display any portion of the Site or the Materials; (iii) modify or otherwise make any derivative uses of any portion of the Site, the Mobile applications or the Materials; (iv) use any “deep-link”, “page-scrape”, “robot” ,”spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Site; (v) use the Site in a manner which results in the depletion of Web site infrastructural resources; (vi) download (other than page caching) any portion of the Site, the Materials or any information contained therein; or (vii) use the Site or the Materials other than for their intended purposes.

Third Party Sites and Content

We may host or provide links to Web pages, Web sites and other content of third parties (“Third Party Sites and Content”). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Web site or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third Party Sites and Content contained therein at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site.

Payment Security

We use Stripe as our payment gateway. Stripe is a leading, secure and reliable international payment service provider to banks and online merchants globally. Customers’ payment details are securely transmitted to the acquiring bank, card and payment companies for real-time transaction authorisation using 256-bit Extended Validation Certificates (EV) SSL transaction encryption. Stripe supports CVV/CVC check as well as 3-D secure authentication of Visa and MasterCard namely: Verified By VISA, MasterCard SecureCode for added security protection for both customers and merchant.

Disclaimer of Warranties

UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SITE, THE MOBILE APPLICATIONS, THE DEVICES AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT THE SITE, THE DEVICES OR ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICE OR THE DEVICE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE, THE MOBILE APPLICATIONS, THE DEVICES AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR CONDITION OF TITLE.

Limitation of Liability

IN NO EVENT WILL: (I) DOKI BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE MOBILE APPLICATIONS, THE DEVICES AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE MOBILE APPLICATIONS, THE DEVICES AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE OR THE SITE EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR SOLELY YOUR ACCESS TO OR USE OF THE SERVICE (NOT YOUR PAYMENT FOR ANY SERVICES PROVIDED BY US).

Indemnification and Release

You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents, attorneys, advertisers and employees (collectively, the “Indemnified Parties”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against Doki, whether successful or not, resulting from or arising in connection with: (i) your misuse of the Site, the Mobile applications, the Devices and/or the Service; (ii) your conduct; and/or (iii) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties).

Termination

Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under these Terms (including, but not limited to, your right to use the Service) and to block or prevent your access to and use of the Service for any or no reason.

Electronic Communications

Notwithstanding any terms to the contrary in these Terms, Doki may choose to electronically deliver all communications with you, which may include: (i) email to your email address indicated in your communications with Doki or upon registration with the Service; or (ii) posting messages that are displayed to you when you log in to or access the Service. Doki’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with Doki, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.

Miscellaneous

These Terms together with the Privacy Policy and any other documents linked to these Terms, are the entire agreement of the parties regarding the subject matter hereof, superseding all other agreements between them, whether oral or written, regarding the subject matter hereof. These Terms are made and will be governed by and construed in accordance with the laws of Hong Kong, excluding its choice of law principles. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

Updates to Terms of Service

We reserve the right to change or modify any provisions of these Terms and any policies or guidelines governing your use of the Service or Device, at any time in our sole discretion and without liability. Any such changes or modifications will be effective immediately upon posting of revisions on the Site or other effective means of communications in our sole discretion. Your continued use of the Service following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Site in order to understand the terms and conditions applicable to your use of the Service. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines, your sole recourse is to stop using the Service.

Agreement of Purchase

By clicking “ACCEPT”, you acknowledge that you are aware that there may be additional costs such as video calling fees, GPS tracking services, import duties, taxes, costs, and customs clearance fees and taxes which are not included in the purchase price of the Product.

There may be additional fees charged for the use of the video calling and GPS tracking services. Doki Technologies will notify customers of any added fees or further terms of use.

Please check with your local customs office, taxing and other relevant authorities to determine what additional duties, taxes, costs, fees or other charges are applicable to you, prior to purchasing the Product.

ALL SUCH DUTIES, TAXES, COSTS, FEES, TAXES OR OTHER CHARGES ARE YOUR SOLE RESPONSIBILITY.

Privacy Policy

Doki Technologies Limited (“Doki”) provides the website, online service and mobile application (“Doki App” and the dokiPal (“Device”), collectively the “Doki Service”. We have prepared this Privacy Policy so that you understand how data will be collected and used in connection with the Doki Service.

IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, YOU MAY NOT ACCESS OR OTHERWISE USE THE DOKI SERVICE.

Personal information collected through the Doki App: Through the Doki App we may collect your name, email address, date of birth, billing information and other personal information, as well as that of the child who will use the Device. We do not collect personal information from you unless you voluntarily provide it to us.

Child Personal information collected through the Doki App: Through the Doki App we may collect your children's name, profile image uploaded by you, date of birth, country, gender, height, weight and other personal information. During the use of device, we would also collect location-based information(see details below) for location tracking function; text, voice, image and video messages sent by you and your children for messaging function; step counts and history for fitness tracking function.

Please note that we won’t require a child to disclose more information than is reasonably necessary to participate in an activity;

  • that you can review your child’s personal information, delete it, and refuse to allow any further collection or use of the child’s information;
  • you can agree to the collection and use of their child’s information, but still not allow disclosure to third parties unless that’s part of the service (for example, social networking).

All of above operations are available in the doki App, if you need assistance on how to do that. Please contact support@doki.com.

Location-based information collected through the Doki Service: The Device automatically and constantly collects information about the physical location of the Device when it is activated. This information is acquired through numerous methods, including GPS, cell towers and wi-fi hot spots, which are enhanced over time as we follow the Device, collect more information and improve our tracking. You may not disable location-based data collection from the Device. We may also collect such location-based information through your use of the Doki App.

Calls/audio collected through the Doki Service: In the event an emergency call is placed from the Device, we may record the audio of the conversation between the Device and the recipient of such call.

Non-personal or aggregate information that we collect: We automatically collect non-personal information from your use of the Doki Service, such as IP host address, device-specific identifiers, computer or smartphone configurations, pages viewed, time and usage habits on the Doki Service and similar data. It is possible at times when collecting non-personal information through automatic means that we may unintentionally collect or receive personal information that is mixed in with the non-personal information. While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists. If we do inadvertently collect personal information, we will not intentionally use such personal information as if we had collected it with your consent. We may also aggregate demographic information collected from our users (such as the number of users in a particular location) in a manner which does not identify any one individual.

Information Usage and Third Party Sharing: We will only use your information in a manner consistent with this Privacy Policy, unless you have specifically consented to another type of use, either at the time such information is collected or through some other form of consent from you or notification to you. Personal information and location-based information is treated as sensitive information by Doki and are subject to a heightened standard for sharing, as opposed to non-personal or de-identified information which may be shared with any number of parties. Therefore, we may use your information to:

  • respond to your inquires or requests;
  • send you information about the Doki Service (such as promotions, maintenance or security information);
  • send you a limited number of offers for additional products and services that may interest you, but we will not provide your personal information to third parties for them to contact you directly for their own benefit without your consent;
  • permit our vendors and subcontractors to perform services, provided they are under an obligation of confidentiality and do not use the information for their own benefit;
  • comply with applicable law or legal process;
  • provide to a third party for their own use, such as marketing, but only if you have specifically opted-in to such third party sharing;
  • investigate suspected fraud, harassment, danger to persons or property or other violations of any law, rule or regulation, or the terms or policies for the Doki Service or our business partners;
  • share with law enforcement and other parties trying to locate a lost child, including sharing the audio content of emergency calls;
  • develop and enhance our own data, such as through tracking the location of your Device, provided that any disclosures of such data does not specifically identify you, your Device or your specific location;
  • transfer information in connection with the sale or merger or change of control of Doki or the division responsible for the services with which your information is associated;
  • share non-personal or de-identified information with any number of parties, including analytics companies, technology providers and other business partners; or
  • combine it with data from other sources outside of your use of the Doki Service, such as data obtained from wi-fi access points within range of your Device.

Auto deletion of data: We may automatically delete data from a Device or from the Doki App in connection with a returned or terminated account or device, or as necessary to protect against unauthorized access to the data.

Cookies: “Cookies” are pieces of information that may be placed on your device by a service for the purpose of facilitating and enhancing your communication and interaction with that service. To the extent possible depending upon your device, we may use cookies (and similar items such as clear gifs, web beacons, tags, etc) to customize your experience, to make your visit more convenient or to enable us to enhance the Doki Service. We may also use and place cookies on your device from our third party service providers in connection with the Doki Service, such as an analytics provider that helps us manage and analyze Doki Service usage. You may stop or restrict the placement of cookies on certain devices or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Doki Service, but it may interfere with some of its functionality. Cookies and similar items are not used by us to automatically retrieve personal information from your device without your knowledge. Cookies are device and browser specific, so if you make a change to your environment we may reinstall a cookie.

Security: The security of your information is very important to us. We take commercially reasonable security measures to protect your personal information (including, preventing the loss, misuse, unauthorized access, disclosure, alteration and destruction of your personal information). Please be aware, however, that despite our efforts, no security measures are impenetrable. If you use a password on the Doki Service, you are responsible for keeping it confidential. Do not share it with any other person. If you believe your password has been misused, please contact us at support@doki.com immediately.

Personal information from children: By providing the Device to a child, you represent and warrant to Doki that you are authorized by such child’s parent or guardian to enable and permit Doki to operate the Doki Service and collect and use the information from the child as stated herein.

Data retention: We may retain your information for as long as we feel that there is a business need or benefit to do so. This will include retaining location-based information.

Data Access: Doki Data collected through use of the Device and/or the Doki App, including location information, frequency of use and emergency contact information is generally not available to customers for their own, direct access. Please contact support@doki.com for specific questions about access to any collected data.

Other services: As a convenience to you, we may provide links to third party services from within our Doki Service. We are not responsible for the privacy practices or content of these third party services and such links should not be construed as an endorsement of any such third party services. When you link away from our Doki Service, you do so at your own risk.

Changes to this Privacy Policy: We may change this Privacy Policy from time to time. If we make any changes to this Privacy Policy, we will change the Last Updated date below. We encourage you to review this Privacy Policy whenever you use the Doki Service or visit our Site to understand how your personal information is used.

Opt-Out Process: You may unsubscribe from our marketing messages. All unsubscribe or opt-out requests should be sent to us at support@doki.com and we will process your request within a reasonable time after receipt. However, we are not responsible for removing your personal information from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy or your consent, such as a sponsor. You should contact such third parties directly.

If you no longer want any data collected by Doki from the Device, then you will need to deactivate the service.

Doki Terms of Service: Use of the Doki Service is governed by, and subject to, the Terms of Service. This Privacy Policy is incorporated into such terms.

Contact: For questions or concerns relating to privacy, we can be contacted at: support@doki.com