Terms & 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

Orders can be cancelled within 3 business days after purchasing. We will not accept cancellations anytime after or once the order has been shipped.

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

Once an order has been shipped, Doki will not accept refunds or returns unless the product is defective under our Warranty Policy.

Warranty Policy

Please refer to Warranty for more information.

Privacy Policy

We believe strongly in data privacy. Please refer to our Privacy Policy for information on our privacy practices.

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 PayDollar as our payment gateway. PayDollar is a leading, secure and reliable international payment service provider to banks and online merchants since 2000. 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.
PayDollar 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.