1. Who we are and what this agreement includes

1.1 Operator.

• 点点DianDian ("DianDian", "we", "us" or "our") is an in-person social events service. It's offered through diandianevent.com and the DianDian app.
• The operator is Yejun Tu, operating as DianDian. DianDian is a sole proprietorship registered in British Columbia ("BC") (registration no. FM1118813) and based in Vancouver.
• In these terms, "DianDian", "we" and "us" mean the operator carrying on business as DianDian. They also mean any entity that takes over the business under Section 18.4.

1.2 What the agreement includes. Your agreement with us (the "Agreement") is made up of:

• (a) these Terms of Service;
• (b) our Community Guidelines, including the safety requirements and safety tips in them;
• (c) the information and rules shown for a specific event on its event page and booking confirmation page, such as its time, fee, eligibility conditions, reschedule and cancellation cut-offs, and outdoor notes;
• (d) any risk acknowledgment you tick when booking an Outdoor and Physical Activity (see Section 7.4.6); and
• (e) the booking confirmation emails we send you.

Our Privacy Policy explains how we handle your personal information. It isn't part of this Agreement, but you consent to our handling your personal information as it describes.

1.3 Definitions. In this Agreement:

• "you" means the person who creates a DianDian account, or who books or attends a DianDian event.
• "Activity" means any event, session or service you book or attend through DianDian, on any date, including special events and Outdoor and Physical Activities. For Sections 7 and 8, an Activity also includes travel directly to and from it, and gathering before it and dispersing after it.
• "Outdoor and Physical Activity" has the meaning in Section 7.4.1.
• "Venue" means the place where an Activity is held. This includes businesses such as restaurants, cafés, tea rooms and bars. It also includes public places such as parks, the seawall, trails, beaches and streets.
• "Activity Partner" means an independent third party, other than a Venue, that provides services for an Activity. Examples: a craft studio or an instructor.
• "participants" means the people attending the same Activity. An Activity may be split into several groups.
• "your group" means the participants placed in the same group as you.
• "Service" means the DianDian website, app, event chat, icebreaker games and subscription. It also covers the other features and event-organizing services we provide.

1.4 How you accept.

• You sign and accept this Agreement electronically when you tick the box to accept it when you sign up, or when you tap the pay or book button on the booking confirmation page, which tells you that doing so means you accept it.
• Under BC's Electronic Transactions Act, this has the same effect as signing on paper.
• Each time you accept, we record the document versions and the exact wording shown to you, the language, the date and time, whether you used the website or the app, and your IP address and device information (see our Privacy Policy).

2. What we do — and what we don't

2.1 What we do. DianDian:

• plans events;
• chooses, books and liaises with Venues, and with Activity Partners where needed;
• uses the profile you fill in to group people who are likely to get along, usually 4–6 per group;
• provides icebreaker games and an event chat on the website and in the app; and
• handles bookings, payments, rescheduling and cancellations.

Our service is organizing and arranging Activities. We don't run, lead or supervise them on site.

2.2 DianDian doesn't send anyone to Activities.

• DianDian doesn't send anyone to any Activity to run, lead, supervise or provide services at it. That means no staff, host, guide, leader, coach, first aider or security. Participants run the Activity themselves.
• Someone connected with DianDian, including the operator, may sometimes attend as an ordinary participant. If so, they don't provide any service or look after anyone on DianDian's behalf.
• While an Activity is happening, we can't step in, look after anyone or deal with anything that comes up.

2.3 Venues and Activity Partners. Venues and Activity Partners are independent businesses. DianDian doesn't own, operate or control them, and their staff are not DianDian's employees or agents.

• The Venue is responsible for preparing and serving food and drinks, including alcoholic drinks. It is also responsible for hygiene, allergen handling and food safety, and for the safety of its premises and facilities.
• For craft and other special events, the Activity Partner is responsible for its tools, materials, equipment and instruction.
• DianDian doesn't provide, serve or sell any food, drinks or alcohol to participants. Licensed Venues serve alcohol under their liquor licence and BC law.
• Public places are managed by public bodies such as cities and park boards (see Section 2.8).

2.4 No background checks or verification.

• DianDian doesn't run criminal record or any other background checks, doesn't check ID, and doesn't verify whether the information participants give us is true.
• We ask participants to use their real names, but we don't verify them.
• Placing someone in your group isn't a statement or promise about their identity, background, character or safety.
• Use your own judgment whenever you meet or deal with anyone.

2.5 No guarantees about groups. We put groups together using the profiles people fill in, and we try to place people who are likely to get along. We don't guarantee any of the following:

• Group size. Last-minute cancellations and no-shows happen, so there may be fewer people than expected.
• Group mix. This includes gender, age and industry.
• New faces. You may not meet new people every time.
• Getting along. You may not get along with anyone, or form a friendship or any other relationship. This applies at every event, including events with entry conditions such as events for people who are single.

2.6 Event information is a guide only.

• Event pages show price-level indicators, menus, opening hours, venue descriptions, routes, distances, paces and durations. These are a guide only and may change.
• Images on event pages and in our marketing may be stock photos, illustrations or AI-generated images, labelled where platforms require it. They aren't photos of DianDian events, and they don't show the actual venue, food or participants.
• Some English, Korean and Japanese event content is machine-translated. If it differs from the original Chinese, the original Chinese prevails. Before publishing, we check the English for fees, reschedule and cancellation cut-offs and outdoor notes by hand, rather than relying only on machine translation.

2.7 Private arrangements between participants.

• DianDian isn't a party to any arrangement between participants.
• An Activity ends at the end time shown on its event page. Travelling directly home and dispersing afterwards are still part of the Activity for Sections 7 and 8.
• Anything else that happens afterwards is a private arrangement between the people involved, not a DianDian Activity. Examples: going on somewhere else, travelling together, meeting privately, lending money or doing business. DianDian doesn't organize, supervise or take responsibility for it, and Section 7.7(b) applies to it.

2.8 Public places. Outdoor Activities may take place in public places such as parks, the seawall, trails, beaches or streets.

• DianDian doesn't own, occupy, control or maintain these places. Any visit we make to plan a route is for planning only. It isn't a safety inspection and doesn't mean the place is safe.
• We aren't responsible for their surfaces, lighting, facilities or signs, or for members of the public, vehicles, animals or natural conditions.

2.9 Accessibility. If you have accessibility or other special needs, please email us before booking. We'll try to help, but we can't guarantee that a Venue or Activity will meet them.

3. Eligibility

3.1 19 or older.

• You must be 19 or older to sign up, book or attend. That is the age of majority and the legal drinking age in BC.
• We check your age from your month and year of birth when you sign up and each time you book. If you turn 19 this month, you can sign up and book from the first day of next month.
• We may ask you for ID to confirm your age at any time.
• If we find you're under 19, we'll close your account, cancel your upcoming bookings and refund them.
• You're responsible for any loss caused by misstating your age.

3.2 Personal use.

• You have full legal capacity to enter into contracts.
• You use DianDian as an individual consumer, not on behalf of a business or organization.
• You don't use DianDian for any commercial purpose.

3.3 Your promises. When you sign up, and each time you book, you promise all of the following:

• (a) You have never been convicted of a violent, sexual, harassment, stalking or fraud offence, or of an offence involving a minor. You aren't required to register as a sex offender.
• (b) There is no protection order, restraining order or no-contact order currently in force against you.
• (c) DianDian hasn't previously closed your account, unless we've agreed in writing that you may sign up again.
• (d) You don't pose a risk to the safety of other participants.

If any of this changes after you sign up, stop using DianDian and email us.

3.4 Accurate information; one account per person.

• Use your real name and an email address you check.
• Give accurate information and keep it up to date.
• You may have only one account.
• Don't impersonate anyone, and don't lend, share, sell or transfer your account.

3.5 Eligibility conditions for some events. Some events are open only to people who meet certain conditions, for example events for women, events for people who are single, or events for a particular age range. The conditions are on the event page. We set these conditions so that people feel more at ease in particular social settings (for example, events for women), or so that an event matches its theme (for example, events for people who are single).

• By booking, you confirm that you meet them.
• We may ask you to confirm this. If you don't meet the conditions, we may cancel the booking and give you a full refund.
• Deliberate misstatements may also be dealt with under Section 10.

3.6 Everyone must book for themselves.

• Seats are allocated, and groups are formed, per person.
• Everyone who attends must sign up with their own account, accept this Agreement and book.
• Don't bring anyone who hasn't booked, including friends, family or children. Don't bring pets.
• You're responsible for the consequences of bringing anyone with you.

3.7 If you no longer qualify. If you stop meeting any requirement in this Section, stop using DianDian. We may suspend or close your account under Sections 10 and 15.

4. Your account

4.1 Signing up. You need to verify your email address and complete the required profile fields.

4.2 Account security.

• Keep your password safe and don't share it.
• Anything done through your account is treated as done by you.
• If you think someone else is using your account, change your password and email us right away.
• We may temporarily restrict an account to protect it or other participants.

4.3 Electronic notices.

• You agree that we may send you the following electronically: notices, copies of contracts, and notices of changes. These may be about your account, bookings, payments, subscription or this Agreement.

• We may send them:

  • by email to the address on your account;
  • as notices on the website and in the app; and
  • by push notification, if you've turned it on.
• These notices have the same effect as notices in writing. Please keep your email address working.
• We'll ask for your separate consent before sending you promotional emails. You can unsubscribe from them at any time, and doing so doesn't affect the notices above.

5. Bookings, payment and subscription

5.1 What the fee covers.

• Your fee is an organizing fee. It does not include food, drinks or other personal spending during the event; you pay the Venue directly for those.
• The organizing fee is for choosing and booking venues, grouping and the icebreaker games. No one from DianDian attends to run or supervise the event.
• You pay the Venue directly for anything you buy there, including food, drinks and tips.
• If an event's fee note says otherwise, the event page applies.

5.2 When a booking is made.

• A booking is made when both of these happen:

  • you tap the pay or book button on the booking confirmation page; and
  • your subscription seat is reserved, the payment succeeds, or, for a free event, your booking is submitted.
• Before you pay, the confirmation page shows the fee and the reschedule, cancellation and refund rules for that event.
• Each account may hold up to 3 bookings for events that haven't started yet at any one time, whatever the booking method (subscription, single payment or free booking). Once you reach this limit, you may book another event only after one of those events starts or you cancel one of those bookings.
• Once your booking is made, we'll email you a confirmation. That email is your copy of the contract. It names the operator, sets out the event's fee, time and reschedule, cancellation and refund rules, and links to the exact version of this Agreement you accepted, which you can save or print.

5.3 Prices and payment.

• Prices are in Canadian dollars (CAD).
• The payment page shows whether a price includes tax. If we need to charge GST or other taxes in the future, we'll show them before you pay.
• Stripe processes payments. We never see or store your full card number.

5.4 When we may refuse or cancel a booking. We may refuse a booking, or cancel a booking that's already been made and give you a full refund, if:

• you don't meet the requirements in Section 3 or the event's eligibility conditions;
• there's an obvious error in the price or the event information;
• there's a system error;
• we reasonably believe your attendance would put others' safety at risk;
• it's needed to give effect to a block (see Section 10.2); or
• when groups are formed, we can't place you in a group that meets the event's group size requirements and price level.

Bookings cancelled because of a breach are dealt with under Section 10.5.

5.5 What the monthly subscription includes. While your subscription is active, you can book events with your subscription without paying a fee for each one. An event can be booked this way if its booking confirmation page offers "Book with subscription". The current limit is that subscription bookings count towards the booking limit in Section 5.2.

When we say you can join events "unlimited times each month", we mean there's no cap on the number of events you attend in a month within this limit. It doesn't mean every event will have a seat for you.

5.6 Automatic renewal and cancelling.

• Your subscription renews automatically each month and is charged at the start of each period.
• You can cancel the renewal at any time, before or after the renewal date, without any charge or penalty. To cancel, go to "Manage subscription" on the website or in the app, or email us.
• After you cancel, you can keep booking until the end of the current period. You won't be charged again.
• If you cancel within 7 days after a renewal charge and haven't booked or attended any event with your subscription in the new period, we'll refund that renewal charge in full. Otherwise, that period isn't refunded, unless the law requires otherwise.
• Deleting the app doesn't cancel your subscription.

5.7 Failed payments.

• If a renewal payment fails, you can still book during the current period.
• Please update your payment method under "Manage subscription". If you don't, your subscription will stop at the end of the period.

5.8 Changes to the subscription.

• We may change the subscription price, or what the subscription includes (including which events can be booked with it and the limits in Section 5.5). We'll give you notice under Section 16.
• If a change is to your disadvantage, you can cancel your subscription at any time without any charge or penalty.
• Changes don't affect bookings already made, or a period that has already started. If we pause or stop offering the subscription, you can keep booking with it until the end of the current period. If we can't offer that, we'll refund the unused part of the current period pro rata.

5.9 Questions about a charge.

• If you have a question about any charge, please email us first. Most issues are sorted out faster that way.
• If you dispute a charge with your card issuer (a chargeback), we may pause the related bookings while the dispute is resolved.
• This doesn't affect any of your rights under the law.

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6. Rescheduling, cancellations, no-shows and changes to events

The cut-offs below count back from the event's start time, in the local time of the city where the event takes place. These are the default cut-offs. If an event's page and booking confirmation page show different cut-offs, those apply.

Whenever you switch dates yourself, the new date must:

• be the same type of event;
• cost the same or less;
• have seats left; and
• still be open for booking.

6.1 More than 48 hours before the start. You can cancel for a refund, or switch to another date yourself.

• Subscription bookings release the seat. There's nothing to refund.
• Single payments are refunded to the original payment method.
• Free bookings involve no refund.

6.2 Between 48 and 24 hours before the start. You can't cancel, and there's no refund. You can still switch yourself to another date.

6.3 Within 24 hours of the start. You can't cancel or switch dates. If something unexpected comes up, contact us and we'll try to help, but we can't promise anything.

6.4 Bookings switched in the no-refund window. If you switch dates between 48 and 24 hours before the start, that booking can never be refunded afterwards, whenever you cancel it. A subscription booking still releases the seat when cancelled.

6.5 Switching to an Outdoor and Physical Activity. If you switch to an Outdoor and Physical Activity, you'll need to complete the risk acknowledgment in Section 7.4.6 when you switch.

6.6 How refunds are paid. Refunds go back to the original payment method. They usually arrive within 5–10 business days, depending on your bank or payment provider.

6.7 No-shows, lateness and leaving early.

• If you book and don't show up, there's no refund.
• Events start on time. There's no refund if you arrive late or leave early.
• Fewer people turning up than expected isn't a reason for a refund.
• If you repeatedly cancel late or don't show up, we may pause your ability to book. An empty seat means one less person for your group to meet.

6.8 Changes we make.

• We may change the Venue, time, route, format or grouping, for reasons including the Venue, weather, safety, permits or attendance. We'll let you know as soon as we can.
• If we change the date or start time, or move the event to a clearly different area, you can email us before the event starts to cancel for a full refund. The cut-offs above don't apply.
• If we change an Activity so that it becomes an Outdoor and Physical Activity, we'll ask you to complete the acknowledgment in Section 7.4.6 before it starts. If you don't, we'll cancel your booking and give you a full refund.

6.9 Events we cancel. We may cancel an event at any time before it ends. This includes within 24 hours of the start, and after the event has started. Reasons include:

• low attendance;
• bad weather, including heat, poor air quality, heavy rain, high winds, snow or ice;
• the Venue;
• safety; or
• any other reason.

If we cancel, we'll email you and give you a full refund:

• subscription bookings release the seat, with nothing to refund; and
• single payments go back to the original payment method.

This applies whatever the timing, including to bookings you've switched.

6.10 Official weather warnings for outdoor events.

• An official warning may be in effect for the area on the day of an Outdoor and Physical Activity, such as a government heat, air quality, heavy rain, wind or snow and ice warning. If we haven't cancelled the Activity, you can email us before the start to cancel, and we'll give you a full refund.
• Whether or not there's a warning, you can decide not to go, or to stop part way, at any time. Apart from this Section and Sections 6.8 and 6.9, refunds follow Sections 6.1 to 6.7.

6.11 Your only remedy. To the fullest extent permitted by law, if we change or cancel an event, your only remedy is the refund or switch described in this Section. We aren't responsible for other costs or losses you incur to attend. Examples: transportation, parking, time off work, childcare, or anything you've already spent at the Venue.

7. ASSUMPTION OF RISK, RELEASE OF LIABILITY AND LIMITATION OF LIABILITY

7.1 Releasees. In this Section, the "Releasees" are:

• (a) DianDian and its operator (Section 1.1), both personally and carrying on business as DianDian;
• (b) their current and future employees, contractors, volunteers, agents and representatives;
• (c) any entity that takes over the DianDian business under Section 18.4; and
• (d) the heirs, executors, administrators, successors and assigns of each of them.

7.2 Scope. This Section applies to every Activity you book or attend after accepting this version of these terms, on any date, at any place and of any type. That includes special events and Outdoor and Physical Activities, travel directly to and from them, and gathering and dispersing.

7.3 Risks of all Activities. Taking part in in-person social Activities involves inherent risks, dangers and hazards. Some of them can't be eliminated, however much care is taken. They can result in SERIOUS PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, PARALYSIS AND DEATH, as well as property damage and other loss. They include, without limitation:

• (a) Meeting people you don't know. Other participants may act in ways that are offensive, harassing, discriminatory, deceptive, fraudulent, threatening, violent or otherwise unlawful. They may give false identities or information. DianDian can't verify any participant in advance (see Section 2.4).
• (b) Food and drink. Allergic reactions (including anaphylaxis), intolerances, food poisoning, cross-contamination, choking and burns.
• (c) Alcohol. Alcohol served by the Venue may affect your judgment, reactions and physical condition. It may interact with medication, and it may lead to conflict. Drinks may also be tampered with by others.
• (d) Venues and facilities. Slips, trips and falls; stairs, furniture and equipment failure; fire; the conduct of Venue staff or other customers; and the Venue's hygiene.
• (e) Travel. Accidents travelling to and from Activities, the risks of public transit and ride-hailing, and walking at night. DianDian doesn't arrange or provide any transportation.
• (f) Belongings. Loss, theft or damage.
• (g) Special and craft events. Tools such as knives, needles and scissors. Heat sources such as kilns, irons, open flames and hot water. Materials such as paints, glues and dust. The instruction and equipment of Activity Partners.
• (h) Communicable illness. Catching flu, COVID-19 or other illnesses through close contact with others.
• (i) Online interactions. Unwanted messages, disclosure of personal information and scams, in the event chat or elsewhere.
• (j) After the Activity. Going on somewhere else, travelling together, and meeting or contacting people privately.
• (k) Weather and environment. Changes in weather, heat, cold, rain, snow and wildfire smoke, on the way and at outdoor Venues.
• (l) Your own conduct. Your own acts or omissions, including not staying within your limits or not following rules or safety tips.
• (m) Any other risks, known or unknown, foreseeable or unforeseeable.

7.4 Outdoor and Physical Activities

7.4.1 Which Activities.

• This Section 7.4 applies to Activities marked as outdoor or physical on the event page. Examples: walks, power walks and runs or jogs. It also applies to any other Activity held outdoors or involving physical activity.
• These are relaxed social Activities. They aren't training sessions or races.
• We may later offer more demanding Activities, or Activities in remote areas, such as hiking, cycling or water activities. If we do, we'll describe the extra risks on the event page and may ask you to accept them separately.

7.4.2 Additional risks. Outdoor and Physical Activities involve risks in addition to those in Section 7.3. They include, without limitation:

• (a) Physical:

  • exertion and fatigue;
  • cardiovascular events such as heart attack, cardiac arrest and fainting;
  • heat illness, dehydration and hypothermia;
  • asthma attacks and allergic reactions, for example to pollen or insect stings;
  • aggravation of existing conditions, including conditions you don't know you have; and
  • strains, sprains, fractures and head injuries.

• (b) Surfaces and terrain:

  • uneven, wet, icy, flooded or slippery surfaces;
  • leaves, gravel, roots, stairs, slopes, curbs and construction;
  • slips, trips and falls; and
  • falling into water from the seawall, docks or shoreline, and changing tides.

• (c) Weather and environment:

  • sudden changes in weather;
  • rain, snow, wind, heat, cold and sun exposure;
  • wildfire smoke and poor air quality; and
  • low light and poor visibility after dark.

• (d) Traffic and other people:

  • crossing streets;
  • collisions with motor vehicles, bicycles, e-scooters, skateboards and the like;
  • using shared or separated paths such as the seawall;
  • collisions or conflict with other participants, pedestrians, runners or pets; and
  • the conduct of strangers.
• (e) Animals and nature: dogs, coyotes, bears and other wildlife; insect bites; poisonous plants; falling branches and trees.
• (f) Getting separated: becoming separated from others or getting lost; no phone signal or a flat battery.

• (g) Help:

  • No one from DianDian and no first aider is present, and no first-aid kit or defibrillator (AED) is provided. First aid and emergency medical services may not be immediately available.
  • Washrooms, drinking water or shelter may not be nearby.
• (h) Pace: paces, distances and durations are estimates, and others may move faster or slower than you.

7.4.3 Your health self-assessment and declarations. By booking and taking part in an Outdoor and Physical Activity, you declare that:

• (a) You're physically able to take part at the intensity, distance and duration described on the event page. No doctor has advised you against this kind of activity.

• (b) You spoke to a doctor before booking if any of these apply to you:

  • heart disease, chest pain, or a history of dizziness or fainting;
  • high blood pressure;
  • asthma or another breathing condition;
  • diabetes or epilepsy;
  • pregnancy;
  • a recent injury or surgery;
  • bone or joint problems; or
  • medication that affects your ability to exercise.

  You can use the Canadian Society for Exercise Physiology's PAR-Q+ questionnaire to check for yourself.

• (c) You'll stay within your limits and set your own pace and distance. You'll slow down, stop or leave whenever you need to. If you have chest pain, dizziness or trouble breathing, or you feel unwell, you'll stop immediately and call 911 if needed.

DianDian doesn't ask about, collect or review your health. Please don't send us health information or put it in your profile.

7.4.4 Your responsibilities during the Activity. You agree to:

• (a) Follow traffic laws, park and public-space rules, and posted signs. Where paths are separated, use the pedestrian path. Watch for cyclists. Don't cross against the light.
• (b) Wear suitable shoes and clothing. Bring water, sun protection, rain gear and warm layers as the weather needs. Wear bright or reflective clothing around dusk and after dark. Keep at least one ear free of earphones.
• (c) Bring a charged phone and any medication you may need, such as an asthma inhaler or an epinephrine auto-injector.
• (d) Not drink alcohol, or use cannabis or anything else that affects your judgment, before or during the Activity.
• (e) Look after your belongings. Don't bring pets, or anyone who hasn't booked.
• (f) Avoid hazards you notice and tell the others about them. If you think the weather, conditions or anything else is unsafe, don't start; if you've already started, leave right away.
• (g) Accept that if you leave part way, anything after you leave isn't part of the Activity and is your own responsibility.

7.4.5 DianDian's role. DianDian chooses the meeting point and a suggested route in advance, and shows the distance, approximate pace and duration on the event page. However:

• (a) DianDian doesn't send anyone to the Activity. We don't provide a guide, a coach, or first aid, medical, rescue or security services. We don't provide a first-aid kit, a defibrillator (AED) or any other equipment, and we don't buy any insurance for you.
• (b) The route is only a suggestion. We don't promise that it's safe, clear or suitable for you.
• (c) We may consider weather forecasts, the Air Quality Health Index (AQHI) and official warnings when deciding whether to change or cancel an Activity (see Sections 6.8 to 6.10). We don't promise our judgment will be right, and we don't commit to any fixed standard for changing or cancelling.
• (d) Participants who help each other do so voluntarily. They aren't DianDian's staff or agents.

7.4.6 Separate acknowledgment when you book.

• When you book an Outdoor and Physical Activity, including by switching to one, the booking confirmation page shows a risk summary.
• Before you complete a booking (whether by subscription, single payment or free booking), you must tick a separate box confirming that: you've read this Section 7.4; you're physically able to take part; you accept the risks; and you agree that this Section 7 applies to that Activity. You can't book without ticking it.
• This acknowledgment adds to this Agreement. It doesn't replace any other part of Section 7.
• If, for any reason, you weren't shown the acknowledgment or didn't complete it (for example, because an Activity wasn't marked as outdoor or physical, or was changed after you booked), Section 7, including this Section 7.4, still applies to that Activity. By attending, you make the declarations in Section 7.4.3.

7.5 RISK OF NEGLIGENCE OF THE RELEASEES. YOU UNDERSTAND THAT THE RISKS ABOVE MAY BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES. NEGLIGENCE INCLUDES ANY FAILURE BY THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT YOU FROM THOSE RISKS, DANGERS AND HAZARDS, OR TO WARN YOU OF THEM. EXAMPLES INCLUDE NEGLIGENCE IN:

• CHOOSING VENUES (INCLUDING VENUES THAT SERVE ALCOHOL), ACTIVITY PARTNERS, MEETING POINTS OR ROUTES;
• DECIDING NOT TO PROVIDE STAFF, A LEADER, SUPERVISION, SECURITY, FIRST AID, A DEFIBRILLATOR (AED) OR OTHER EMERGENCY EQUIPMENT;
• NOT SCREENING OR RUNNING BACKGROUND CHECKS ON PARTICIPANTS, AND NOT VERIFYING THEIR IDENTITY OR INFORMATION;
• GROUPING PARTICIPANTS;
• ASSESSING WEATHER, AIR QUALITY AND CONDITIONS, AND DECIDING WHETHER TO CHANGE OR CANCEL AN ACTIVITY;
• PROVIDING EVENT INFORMATION, INCLUDING ROUTES, DISTANCES, PACES AND INTENSITY;
• PASSING ON, OR NOT PASSING ON, YOUR ALLERGY OR DIETARY INFORMATION TO A VENUE;
• HANDLING REPORTS, AND APPLYING OR NOT APPLYING BLOCKS, SUSPENSIONS OR CLOSURES;
• OPERATING THE WEBSITE, APP, EVENT CHAT AND ICEBREAKER GAMES, INCLUDING DELAYED OR UNDELIVERED MESSAGES; AND
• GIVING, OR FAILING TO GIVE, ASSISTANCE.

7.6 ASSUMPTION OF RISK. YOUR PARTICIPATION IS ENTIRELY VOLUNTARY. YOU FREELY ACCEPT AND FULLY ASSUME ALL OF THE RISKS, DANGERS AND HAZARDS DESCRIBED IN SECTIONS 7.3, 7.4 AND 7.5, AND THE POSSIBILITY OF PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR OTHER LOSS RESULTING FROM THEM, INCLUDING FROM RISKS CAUSED BY THE NEGLIGENCE OF THE RELEASEES.

7.7 RELEASE AND WAIVER OF CLAIMS. IN CONSIDERATION OF DIANDIAN ACCEPTING YOUR REGISTRATION AND ALLOWING YOU TO BOOK AND TAKE PART IN ACTIVITIES, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY AND ALL CLAIMS THAT YOU HAVE OR MAY IN THE FUTURE HAVE AGAINST THE RELEASEES, AND RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY, FOR ANY PERSONAL INJURY, ILLNESS, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, AND ANY LOSS OR EXPENSE RESULTING FROM ANY OF THEM, THAT YOU OR ANYONE CLAIMING THROUGH YOU MAY SUFFER ARISING OUT OF OR IN CONNECTION WITH:

• (a) YOUR PARTICIPATION IN ANY ACTIVITY; OR
• (b) ANY CONTACT OR MEETING, DURING OR AFTER AN ACTIVITY, WITH A PERSON YOU MET THROUGH DIANDIAN,

DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE (TO THE EXTENT THE LAW PERMITS IT TO BE RELEASED), NEGLIGENT RESCUE, BREACH OF CONTRACT, AND BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c. 337, ON THE PART OF THE RELEASEES.

This Section 7.7 doesn't affect: (i) your right to a refund under Sections 6 and 15.3; (ii) claims about how we handle your personal information; or (iii) any right that the law doesn't allow you to give up.

7.8 Other participants, Venues and third parties. To the fullest extent permitted by law, DianDian isn't responsible for the acts or omissions of other participants, Venues, Activity Partners, the authorities that manage public places, or any other third party, including their negligence or deliberate acts. Claims for loss they cause should be made against the person or business responsible.

7.9 INDEMNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY THE RELEASEES AND HOLD THEM HARMLESS FROM ALL LOSS, LIABILITY, SETTLEMENT AMOUNTS, COSTS AND REASONABLE LEGAL FEES ARISING FROM ANY CLAIM, DEMAND OR PROCEEDING BROUGHT BY A THIRD PARTY BECAUSE OF:

• (a) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE COMMUNITY GUIDELINES;
• (b) YOUR BREACH OF ANY LAW OR OF ANYONE'S RIGHTS;
• (c) PERSONAL INJURY OR PROPERTY DAMAGE YOU CAUSE TO OTHERS DURING OR IN CONNECTION WITH ANY ACTIVITY, INCLUDING DAMAGE TO A VENUE'S PROPERTY; OR
• (d) CONTENT YOU SUBMIT OR POST.

"THIRD PARTY" INCLUDES OTHER PARTICIPANTS, VENUES, ACTIVITY PARTNERS, THE AUTHORITIES THAT MANAGE PUBLIC PLACES, AND MEMBERS OF THE PUBLIC.

This Section 7.9 doesn't apply to the extent a claim is caused by a Releasee's own intentional misconduct.

7.9A CLAIMS AGAINST OTHERS. IF YOU, OR ANYONE CLAIMING THROUGH YOU, MAKE A CLAIM ARISING FROM AN ACTIVITY AGAINST ANY PERSON OR ENTITY THAT ISN'T A RELEASEE (SUCH AS A VENUE, AN ACTIVITY PARTNER OR ANOTHER PARTICIPANT), AND THAT PERSON OR ENTITY CLAIMS CONTRIBUTION OR INDEMNITY FROM A RELEASEE, THEN, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) YOU AGREE TO LIMIT YOUR CLAIM SO THAT YOU DON'T RECOVER ANY PART OF YOUR LOSS FOR WHICH A RELEASEE WOULD OTHERWISE BE RESPONSIBLE; AND (b) YOU WILL INDEMNIFY THE RELEASEES AGAINST THAT CLAIM FOR CONTRIBUTION OR INDEMNITY, INCLUDING REASONABLE LEGAL FEES.

7.10 LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IF ANY RELEASEE IS FOUND LIABLE TO YOU DESPITE THIS SECTION 7, THEN FOR ANY CLAIM OTHER THAN A CLAIM FOR PERSONAL INJURY, ILLNESS OR DEATH:

• (a) THE TOTAL LIABILITY OF ALL RELEASEES FOR ALL SUCH CLAIMS IS LIMITED TO THE GREATER OF (i) THE TOTAL FEES YOU ACTUALLY PAID TO DIANDIAN IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (ii) CAD $100; AND
• (b) THE RELEASEES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS, OR FOR ANY LOSS OF INCOME, PROFIT, OPPORTUNITY, DATA OR GOODWILL.

THIS SECTION 7.10 DOESN'T LIMIT SECTION 7.7. CLAIMS FOR PERSONAL INJURY, ILLNESS OR DEATH ARE RELEASED UNDER SECTION 7.7 TO THE FULLEST EXTENT PERMITTED BY LAW.

7.11 What this Section doesn't exclude. Nothing in this Agreement excludes or limits:

• (a) any liability that the law doesn't allow to be excluded or limited. Examples: liability for fraud or intentional misconduct, or for gross negligence to the extent the law doesn't allow it to be released; or
• (b) any right you have under the consumer protection law of your province (including BC's Business Practices and Consumer Protection Act and Ontario's Consumer Protection Act, 2002), or under any other law, that can't be waived by contract.

If any part of this Section 7 is found invalid, unenforceable or broader than the law allows, that part will still be enforced to the fullest extent permitted by law. The rest of this Section remains in full force.

7.12 Binding on those claiming through you. This Section 7 binds you and anyone who claims through you or on your behalf, including your heirs, executors, administrators, legal and personal representatives and assigns. That includes if you die or become incapacitated.

7.13 No reliance on other statements.

• In accepting this Section, you aren't relying on any oral or written statement about the safety of Activities, made by DianDian or anyone else, other than what's in this Agreement.
• Event descriptions, marketing, chat messages and any other statements can't change, limit or replace this Section 7.

7.14 Versions and survival.

• Activities you attended before accepting this version are governed by the version you accepted at the time.
• This Section 7 continues to apply after any of the following: you delete your account, your account is closed, your subscription ends, or this Agreement ends.

7.15 YOUR ACKNOWLEDGMENT. BY TICKING THE BOX TO ACCEPT, YOU CONFIRM THAT:

• (a) YOU ARE 19 OR OLDER;
• (b) YOU HAVE READ AND UNDERSTOOD THIS SECTION 7;
• (c) YOU KNOW THAT BY ACCEPTING IT YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES FOR NEGLIGENCE;
• (d) YOU HAD THE OPPORTUNITY TO ASK QUESTIONS AND TO GET INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING; AND
• (e) YOU ARE ACCEPTING VOLUNTARILY.

8. Health, allergies, alcohol and emergencies

8.1 Health.

• If you have a health condition that could affect your participation, assess it before booking and talk to a doctor first if needed. Examples: a severe allergy, a heart or breathing condition, or pregnancy.
• For Outdoor and Physical Activities, also see Section 7.4.3.
• DianDian doesn't do any health screening.

8.2 Allergies and dietary needs.

• We use the allergy and dietary information in your DianDian profile only as a reference when grouping people and choosing Venues. We may pass it on to the Venue without your name. We don't guarantee that the Venue can accommodate it.
• DianDian doesn't prepare or serve food or drinks, and can't guarantee that anything is free from allergens or cross-contamination.
• If you have allergies or dietary restrictions, tell the Venue directly before you order, confirm with the Venue yourself, and carry any medication you need.

8.3 Alcohol.

• Whether you drink, and how much, is entirely up to you. You are never required to drink.
• Some Activities may be held at Venues that mainly serve alcohol. Venues serve alcohol under their liquor licence and BC law, and each Venue decides whether to keep serving any guest.
• You're responsible for the consequences of your drinking.
• Drink in moderation and keep an eye on your drink. Never drink and drive, and arrange a safe way home in advance.
• If you're visibly intoxicated, or your drinking affects others, the Venue may ask you to leave and your fee won't be refunded. We may also pause your future bookings.

8.4 Cannabis and other substances.

• Don't attend while affected by cannabis or anything else that impairs your judgment.
• Don't use, possess or supply any illegal drugs at an Activity.

8.5 Stay home if you're sick.

• If you have a fever or other symptoms of a communicable illness, please don't attend.
• Within the cut-offs in Section 6, you can cancel or switch dates.
• Outside them, email us. We'll try to help, but we can't promise anything.

8.6 Emergencies and first aid.

• In an emergency, call 911 first. DianDian doesn't send anyone to Activities and can't provide on-site help, first aid or medical assistance.
• You agree that if you're injured, become ill or can't communicate, people present may call 911 or emergency services for you. They may also give you first aid or arrange for you to go to hospital if they think it's necessary. People present may include other participants, Venue staff, bystanders or first responders.
• Help from them is voluntary and isn't given on DianDian's behalf. DianDian isn't responsible for what they do.
• You're responsible for any ambulance, medical or other costs.
• If necessary, we may give information about you to first responders or the police (see our Privacy Policy).

8.7 Tell us afterwards.

• Please email us as soon as you can, ideally within 7 days, if an injury, property damage, a safety incident or any other incident happens during or because of an Activity.
• This helps us understand what happened, keep a record and, where needed, notify the Venue or any insurer we may have.
• This doesn't affect any limitation period that applies to you under the law.

9. Conduct

9.1 Follow the rules. You agree to follow:

• our Community Guidelines;
• the rules of Venues and Activity Partners;
• the instructions of Venue staff;
• the rules of public places; and
• the law.

9.2 What you must not do. You must not:

• (a) Harass, sexually harass, threaten, intimidate, stalk, assault or discriminate against anyone, or keep contacting someone after they've said no.
• (b) Photograph, record or film other participants without their consent, or publish or share their names, photos, contact details, chat messages or other personal information.
• (c) Impersonate anyone, give a false identity, age or profile, or open a new account after your account has been closed.
• (d) Tamper with anyone's food or drink, or steal, defraud or extort.
• (e) Sell products or services to other participants, recruit customers, downlines or investors, proselytize, borrow money, ask for transfers, or collect contact details for commercial purposes.
• (f) Organize paid events privately, or use DianDian's name without permission.
• (g) Share event addresses, information about your group, or event chat content with anyone who hasn't booked.
• (h) Bring weapons or dangerous items, or use, possess or supply illegal drugs at an Activity.
• (i) Bring anyone who hasn't booked, minors or pets.
• (j) Leave without paying your own bill at the Venue, or damage a Venue's property.
• (k) Access or scrape the Service using bots, crawlers or other automated means; interfere with or disrupt it; get around its security measures; or reverse engineer the website or app.
• (l) Make malicious reports or invent facts.
• (m) Do anything unlawful, or anything we reasonably believe puts others' safety at risk or seriously affects their ability to enjoy an Activity.

9.3 You're responsible for your conduct.

• You're responsible for what you say and do at Activities, before and after them, and on the website, app and event chat.
• You're responsible for any loss you cause, including to other participants and Venues.

9.4 You may review us honestly. Nothing in this Agreement stops you from posting or sharing an honest review of DianDian's services, online or anywhere else.

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10. Reporting, blocking, suspension and closure

10.1 Reporting.

• You can report someone from the "Who you're meeting" card on the event page, or by email.
• A person will review your report as soon as we can.
• We won't tell the person you reported who made the report, unless the law requires it or it's necessary to protect someone's safety.

10.2 Blocking.

• When you report someone, you can choose to block them. After that, our system won't place the two of you in the same group again. You may still book the same event and be placed in different groups, or be at the same Venue.
• In the event chat, you won't see messages from someone you've blocked. They aren't notified.
• If you were already in the same group before blocking, you won't be moved automatically. If you don't want to attend together, you can cancel or switch under Section 6, or email us.
• You can unblock someone at any time under Account → Blocked people. To remove a block we set up for you, email us.

10.3 No guaranteed outcome; no duty to monitor.

• Reporting and blocking are tools to help keep events safe, but we can't promise a particular outcome. We can't promise that someone you've blocked or reported will never be at the same Venue, at the same time, or anywhere else.
• DianDian has no obligation to screen or monitor participants' profiles, chat messages or in-person conduct, in advance or on an ongoing basis.
• Reviewing a report, acting on it or not acting on it isn't a promise about anyone or anything involved.

10.4 What we may do. We may take one or more of the steps below if you break this Agreement (including the Community Guidelines), or if we reasonably believe it's necessary to protect the safety or interests of participants, Venues or DianDian:

• remind or warn you;
• cancel your bookings;
• pause your ability to book;
• suspend or permanently close your account;
• remove content;
• report the matter to the police or other authorities.

In urgent or safety-related cases, we may act without notice. If we cancel a booking while we investigate and don't confirm a breach, we'll give you a full refund.

10.5 What suspension or closure means. While your account is suspended or closed:

• (a) You can't log in or book. You can't sign up again with the same email, or open another account.
• (b) We may cancel your upcoming bookings. If they're cancelled because of a breach, fees aren't refunded, unless the law requires otherwise.
• (c) If you're subscribed, we'll cancel auto-renewal and you won't be charged again. The current period isn't refunded, unless the law requires otherwise.
• (d) A closed account can't be deleted by you. We keep records such as your email address, and when and why the account was closed. We use them to stop you from signing up again and to deal with any disputes (see our Privacy Policy).

10.6 Notice and appeals.

• If we suspend or close your account, or cancel a booking because of a breach, we'll email you the reason and how to appeal.
• You can appeal by email within 7 days of our notice. Explain your reasons and the facts. A person will review your appeal and tell you the outcome.

11. Event chat and your content

11.1 When the chat opens and is deleted.

• Each group has its own event chat. It usually opens 6 hours before the start and closes 24 hours after the event ends. Messages are deleted when it closes; chat records related to a report are kept as described in sections 7.4 and 7.5 of the Privacy Policy. Exact times are as shown on the website or in the app.
• Only people with a confirmed booking in the same group can see it. You won't see messages from people you've blocked.
• Don't post anything in the chat that you wouldn't want your group to see.

11.2 The chat isn't a way to get help.

• We don't watch the chat in real time, and we can't promise messages will be delivered promptly.
• In an emergency, call 911. Don't rely on the chat, or on messaging DianDian, to get help.
• Quick messages such as "I'm on my way" or "I'm here" are only a status you send yourself. They aren't location sharing or trip tracking.

11.3 Your content.

• You keep the rights to the content you submit or post on DianDian, including your profile, chat messages, feedback and reports.
• You grant us a worldwide, royalty-free, non-exclusive licence to store, copy, process, translate and display that content, to provide, maintain, protect and improve the Service, and to show it to the relevant people as described in our Privacy Policy.
• You promise that you have the right to submit the content, that it's lawful, and that it doesn't infringe anyone's rights.

11.4 We may remove content. We have no obligation to review any content. We may remove or hide, without notice, content that we think breaks this Agreement, is unlawful or is inappropriate.

11.5 Feedback. We may use your suggestions and feedback freely to improve the Service, without paying you. We may quote your feedback without identifying you. If you'd rather we didn't, just email us.

12. Photos, video and your likeness

12.1 DianDian doesn't photograph events. DianDian doesn't send anyone to Activities, and doesn't take photos or video at them.

12.2 Using your likeness needs your separate consent.

• We'll only use photos, video, your name or your voice in which you can be identified in our marketing if we've first obtained your separate, express consent.
• That consent is optional and doesn't affect your use of the Service. You can withdraw it at any time.
• If you withdraw it, we'll stop any new use, and we'll make reasonable efforts to remove published content that we control.

12.3 Photographing other participants. Ask other participants before you photograph, record or film them. Ask again before you post the content on social media or anywhere public.

13. Intellectual property and licence

13.1 Trademarks. "点点" and "DianDian" are the subject of trademark applications filed with the Canadian Intellectual Property Office (CIPO) and are still under examination. "DianDian" is also DianDian's registered business name in BC. Both names are used as unregistered trademarks and carry ™. Don't use them without our written permission.

13.2 Ownership and licence.

• DianDian or its licensors own the website, app, icebreaker games, event descriptions, posters, text, images, designs and software, except your content.
• As long as you follow this Agreement, we grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service for personal, non-commercial purposes only.

13.3 What you must not do with our content. Without our written permission, you must not:

• copy, adapt, publish or sell it, or use it commercially;
• use the icebreaker games or other content for any other event or service; or
• do anything prohibited by Section 9.2(k).

14. The Service is provided "as is"; third-party services

14.1 "As is". To the fullest extent permitted by law, the Service is provided "as is" and "as available". Except as expressly stated in this Agreement, we make no representations, warranties or conditions, express or implied, including any about:

• merchantability, fitness for a particular purpose or non-infringement;
• accuracy, completeness, security, availability or freedom from errors; and
• the quality, safety or legality of any Activity, Venue, Activity Partner or participant.

This doesn't affect any rights you have under the law that can't be excluded by contract.

14.2 Availability. The website and app may be temporarily unavailable because of maintenance, updates, faults, or outages at third-party services. We'll make reasonable efforts to keep the Service running, but we can't guarantee it.

14.3 Third-party services and links.

• The Service uses, or links to, third-party services such as Stripe (payments), maps and navigation, calendars, and app stores.
• When you use them, the third party's own terms and privacy policy apply. We aren't responsible for their content, availability or practices.
• Our Privacy Policy lists the service providers that process your personal information.

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15. Deleting your account, termination and survival

15.1 If you delete your account. You can delete your account at any time under Account → Login and security. If your account has been closed, see Section 10.5. When you delete your account:

• (a) All your upcoming bookings are cancelled. Bookings more than 48 hours before the start are refunded under Section 6.1. Other bookings aren't refunded.
• (b) If you're subscribed, we'll also cancel auto-renewal and you won't be charged again. The current period isn't refunded, unless the law requires otherwise.
• (c) Deletion can't be undone.

15.2 If we close your account. We may suspend or close your account under Section 10 if:

• you no longer meet the requirements in Section 3;
• you break this Agreement; or
• we reasonably believe that continuing to serve you would create legal, safety or reputational risk for others or for DianDian.

15.3 If we stop the Service.

• We may change, pause or stop part or all of the Service.
• If we stop the whole Service, we'll give you at least 30 days' notice, unless safety or legal reasons require us to stop sooner.

• When we stop the whole Service, we'll:

  • refund fees you've paid for events that haven't happened yet; and
  • if you're subscribed, stop charging you and refund the unused part of the current period pro rata.

15.4 Records we keep. After you delete your account, we keep some records for the periods set out in our Privacy Policy, to deal with disputes, legal claims and safety issues. Examples:

• records of the versions of these terms you accepted, and of your outdoor risk acknowledgments;
• booking and transaction records; and
• report and account closure records.

15.5 Survival. The following continue to apply after this Agreement ends or you delete your account:

• Sections 6.11, 7, 8.6, 9.3, 10.5, 11.5, 13, 14, 15.4, 15.5, 17 and 18;
• any other provision that by its nature should continue; and
• any payment obligations that arose before termination.

16. Changes to these terms and accepting them again

16.1 What we may change on our own. We may change only the following parts of this Agreement on our own:

• (a) the types, cities, formats and general arrangements of Activities;
• (b) the reschedule, cancellation and refund rules in Section 6, but only as allowed by Section 16.2;
• (c) the subscription price and what the subscription includes (Section 5.5), and the booking limit in Section 5.2;
• (d) the Community Guidelines, including the safety requirements and safety tips in them;
• (e) the features of the Service and how the website and app work;
• (f) changes required by law or by an order of a court or regulator; and
• (g) corrections and wording changes that don't affect your rights or obligations.

Changes to any other part, including Section 7, take effect for you only once you actively accept them under Section 16.3. Our Privacy Policy isn't part of this Agreement; changes to it follow section 18 of the Privacy Policy.

16.2 Changes to cancellation and refund terms. We may change terms about cancellations or refunds on our own only if the change doesn't increase your obligations or reduce ours.

16.3 Notice and accepting again.

• If a change affects your rights or obligations, we'll give you notice at least 30 days, and no more than 60 days, before it takes effect. We'll email you and also show the notice on the website and in the app.
• The notice will include the full text of the changed provisions and a clear explanation.
• If the change increases your obligations or reduces ours, the notice will also tell you that you can cancel your subscription at any time without any charge or penalty.
• After a change takes effect, we'll ask you to read and tick to accept the new version before you next log in or book. We won't treat continued use as acceptance of a change that is to your disadvantage.

• You don't have to accept. If you don't:

  • you won't be able to make new bookings;
  • bookings already made stay under the version that applied when you made them; and
  • if you're subscribed, you can cancel your subscription and we'll refund the unused part of the current period pro rata.

16.4 Minor changes. For changes that don't affect your rights or obligations, such as fixing typos, formatting, or updating contact details or menu paths, we'll update the date and version on this page.

16.5 Version archive. We keep a copy of every version, each at its own fixed link. You can email us for the version you accepted.

17. Governing law and disputes

17.1 Governing law. This Agreement is governed by the laws of BC and the federal laws of Canada that apply there. Conflict-of-laws rules that would apply another jurisdiction's law don't apply.

17.2 You can contact us first. If there's a dispute, you can email us first. We'll reply within 30 days and try to resolve it with you. This step isn't a precondition to going to court or to the CRT, and it doesn't affect any limitation period.

17.3 Courts and the CRT. The courts of BC have jurisdiction over disputes. Disputes within the jurisdiction of BC's Civil Resolution Tribunal (CRT) may be brought there.

17.4 Consumer rights. Nothing in this Agreement limits any right you have under consumer protection law that can't be waived by contract. You can also make a complaint to Consumer Protection BC.

17.5 Ontario consumers. If you are a consumer in Ontario, the following applies despite anything else in this Section 17 or elsewhere in this Agreement:

• (a) Nothing in this Agreement affects your rights and remedies under Ontario's Consumer Protection Act, 2002, and the choice of law in Section 17.1 does not exclude that Act.
• (b) You may bring proceedings in the courts of Ontario.
• (c) Section 7, including the limit of liability in Section 7.10, and Section 14.1 apply to the extent permitted by applicable law.
• (d) You may also make a complaint to Consumer Protection Ontario.

18. General

18.1 Entire agreement and order of priority.

• This Agreement (see Section 1.2) is the entire agreement between you and us about the Service. It replaces any earlier oral or written arrangement.
• For a particular event's time, fee, eligibility conditions and reschedule and cancellation cut-offs, that event's page and booking confirmation page prevail. For everything else, these terms prevail.
• Nothing narrows the scope of Section 7 unless we expressly agree to it in writing.

18.2 Severability. If any provision or part of this Agreement is found invalid, unenforceable or unlawful, it will be enforced to the fullest extent permitted by law. If it can't be enforced at all, it will be treated as removed. The rest of this Agreement remains in full force.

18.3 No waiver. If we don't exercise a right, or delay exercising it, we haven't waived it.

18.4 Assignment.

• We may transfer all or part of our rights and obligations under this Agreement to an entity that takes over the DianDian business, such as a company set up by DianDian. We'll let you know if we do. This Agreement, including Section 7, then binds that entity and benefits it. If the business is transferred, we'll ask you to accept the Agreement with the new operator before your next booking.
• You can't transfer your rights or obligations under this Agreement without our written consent.

18.5 Events beyond our control. We aren't liable for any delay or failure to perform caused by events beyond our reasonable control, such as:

• extreme weather, wildfires, earthquakes and floods;
• pandemics and public health orders;
• government action;
• Venue closures;
• power, internet or third-party service outages; and
• strikes and civil unrest.

If an event can't go ahead for one of these reasons, we'll cancel it and give you a refund under Section 6.9.

18.6 Relationship. Nothing in this Agreement creates a partnership, joint venture, employment or agency relationship between you and us. Participants, Venues and Activity Partners aren't DianDian's employees or agents.

18.7 Rights of other Releasees. DianDian accepts the protections in Section 7 for the other Releasees also as their agent and trustee, and they may rely on and enforce Section 7. In other words, Section 7 protects everyone listed in Section 7.1. Apart from Sections 7 and 19, this Agreement doesn't create rights for any third party.

18.8 Notices. Our notices to you are delivered when sent to the email address on your account. Where the law requires proof that you received a notice, we'll also ask you to confirm it on the website or in the app. Please send notices to us at the email address in Section 20.

18.9 Language. The official versions of this Agreement are in Simplified Chinese, Traditional Chinese and English, and the three versions have the same meaning. Korean and Japanese translations are also provided for reference only; if a translation differs from the English version, the English version prevails. Your agreement with us is governed by the version in the language you used when you accepted it; if you accepted it in Korean or Japanese, the English version governs. We keep a record of that language (see Section 1.4).

18.10 Interpretation. Headings are for convenience only and don't affect interpretation. "Including" means "including without limitation".

19. Additional terms for app store downloads

If you download the DianDian app from the Apple App Store, the following terms also apply:

• (a) This Agreement is between you and DianDian only, not with Apple Inc. ("Apple"). DianDian, not Apple, is responsible for the app and its content.
• (b) You may use the app only on Apple-branded devices that you own or control, as permitted by the Usage Rules in the App Store terms.
• (c) Apple has no obligation to provide any maintenance or support services for the app.
• (d) If the app fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you, if any. To the fullest extent permitted by law, Apple has no other warranty obligation for the app.
• (e) DianDian, not Apple, is responsible for any claims relating to the app, to the extent set out in this Agreement. That includes product liability claims, claims that the app fails to meet legal or regulatory requirements, and consumer protection or privacy claims.
• (f) If a third party claims that the app, or your use of it, infringes their intellectual property rights, DianDian, not Apple, is responsible for the investigation, defence, settlement and discharge of that claim.
• (g) You represent that you aren't located in a country subject to a U.S. government embargo, or designated by the U.S. government as a "terrorist supporting" country, and that you aren't on any U.S. government list of prohibited or restricted parties.
• (h) You must comply with applicable third-party terms when using the app, such as your mobile data service agreement.
• (i) Apple and its subsidiaries are third-party beneficiaries of this Agreement. Once you accept it, Apple has the right to enforce it against you as a third-party beneficiary.

If you download the app from Google Play, Google Play's terms apply. Between you and DianDian, this Agreement prevails over any inconsistency with Google Play's terms.

20. Contact us

• For questions about this Agreement, notices, appeals and refund requests, email diandian.event@gmail.com.
• Mailing address: 422 Richards Street, Unit 170, Vancouver, BC V6B 2Z4
• Phone: +1 416-829-6597
• Operator: DianDian (a sole proprietorship registered in British Columbia, registration no. FM1118813)
• For questions about your personal information, contact our Privacy Officer as set out in our Privacy Policy.