Website Terms and Conditions

Welcome to our Site.  Please read the following Website Terms and Conditions carefully (including our Privacy Policy) (collectively “Website Conditions”) before using this Site and/or the Services (both defined below), so that you are aware of your legal rights and obligations with respect to The Chope Group Pte Ltd and/or its related entities, affiliates and subsidiaries (individually and collectively, "CHOPE").
By your (or where Clause 1.1.2(iii) applies, your child’s or ward’s) access of this Site and/or use of the Services, you hereby agree to be legally bound by these Website Conditions.  If you do not accept these Website Conditions, please leave the Site and discontinue use of the Services immediately. 
1.

Agreement

1.1

You hereby represent and warrant that:

 

1.2.1

you have read and agree to these Website Conditions and our Privacy Policy;

1.2.2

you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website Conditions and you are either;

 

(i)

accessing this Site, using the Services and contracting in your own personal capacity;

(ii)

accessing this Site, using the Services and contracting on behalf of a corporate entity; or

(iii)

contracting as parent or guardian of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by these Website Conditions and to be liable for your child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and you also agree to ensure that your child or ward observes these Website Conditions;

1.2.3

you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Website Conditions; and

1.2.4

all of the information provided by you to CHOPE (including without limitation personal particulars and contact information) is accurate and complete.

1.2

CHOPE reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time.  CHOPE may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.

1.3

CHOPE may from time to time vary or amend these Website Conditions by posting the amended Website Conditions at this Site.  Any use of the Services after the amendment of these Website Conditions will be deemed to be acceptance of the amended Website Conditions by you.  If you do not agree to the amended Website Conditions, you have the right to close your Account and/or cease using the Services.

 

 

2.

Definitions

2.1

In this Agreement, the following definitions shall apply unless the context does not permit such application:
Account” means a registered account of a Member opened under this Site.
Agreement” means the agreement formed by these Website Conditions and the Privacy Policy, and in the case of a Member, by these Website Conditions, the Privacy Policy and the Member Conditions.
Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.  
Content” means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content. 
Linked Sites” is defined in Clause 8.1
Member” means a registered member of the Site. 
Member Conditions means the terms and conditions applicable to Members accessible here
Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services. 
Services” is defined in Clause 3.2.
Site means the CHOPE website containing the link to these Terms & Conditions.
"CHOPE Content" means all Content of CHOPE that is made available on or via this Site. 
Third Party Products” means products and services of third parties, including other users, advertised on or available at the Site or websites linked from the Site.
Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you.
User Content” means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.

2.2

The words “include” and “including” shall not be construed as having any limiting effect.

2.3

The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.

 

 

3.

Site and Services

3.1

The Site is owned and maintained by CHOPE. 

3.2

CHOPE may offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):

 

3.2.1

real-time reservation engine for partner restaurants linked to CHOPE table management systems

3.2.2

access to a collection of information, news, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts and other types of works regarding both partner restaurants and others

3.2.3

search and/or filter engines or tools;

3.2.4

an advertising and branding platform for partner restaurants;  

3.2.5

a social networking platform;

3.2.6

email confirmation and alerts; and

3.2.7

any other features, content or applications that CHOPE may offer at the Site from time to time in its sole and absolute discretion.

3.3

You acknowledge and agree that to access and use certain Services, you may be required to register as a Member and additionally shall be bound to strictly comply with the Member Conditions in addition to these Website Conditions.

3.4

From time to time CHOPE will run competitions, promotions and surveys at the Site.  These are subject to additional terms and conditions that will be made available at the time they are run.

 

 

4.

Content Use Conditions

4.1

You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:

 

4.1.1

any Service;

4.1.2

the Site;

4.1.3

any CHOPE Content except, to the extent permitted, with the prior written consent of CHOPE or unless expressly permitted in these Website Conditions; or

4.1.4

any Third Party User Content except, to the extent permitted, with the prior written consent of CHOPE and the owner or licensee of the specific User Content.

4.2

Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, CHOPE Content, or Third Party User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of CHOPE. 

4.3

You may for your personal, non-commercial use:

 

4.3.1

retrieve and display CHOPE Content on any compatible device owned by you;

4.3.2

print a single copy of CHOPE Content on paper (but not photocopy them); and

4.3.3

store such CHOPE Content in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).

4.4

All CHOPE Content are the copyrighted work of CHOPE or its content or software providers, and CHOPE reserves and retains all rights in the CHOPE Content.  Use of some CHOPE Content may be governed by the terms of an accompanying end user license agreement. 

4.5

You may not decompile, reverse engineer or otherwise attempt to discover the source code of any CHOPE Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or CHOPE in writing.

 

 

5.

Intellectual Property

5.1

The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, and all CHOPE Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with CHOPE.

5.2

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of CHOPE or other third parties, and all rights to the Marks are expressly reserved by CHOPE or relevant third parties.  You are not permitted to use any Marks without the prior written consent of CHOPE or such third party.  CHOPE and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law.  The name of CHOPE or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of CHOPE. 

5.3

The domain name on which the Site is hosted on is the sole property of CHOPE and you may not use or otherwise adopt a similar name for your own use.

5.4

If you have any questions or concerns about these Website Conditions or any issues raised in these Website Conditions or on the Site, please contact us at: chope@chope.co.

 

 

6.

Online Conduct

6.1

You hereby undertake:

 

6.1.1

to comply with these Website Conditions, and such other notices or guidelines that may be posted on the Site by CHOPE from time to time (which are hereby incorporated by reference into these Website Conditions);

6.1.2

not to use any Service or CHOPE Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;

6.1.3

not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and

6.1.4

not to use the Account of another Member at any time, whether with or without his/her permission.

 

 

7.

Disclaimers & Limitations

7.1

While we make every effort to ensure that all CHOPE Content displayed on the Site is accurate and complete, we provide the CHOPE Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied.  To the fullest extent permissible pursuant to applicable law, CHOPE disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement.  Without limiting the foregoing, CHOPE does not warrant that the functions contained in or access to the Site, Services, CHOPE Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, CHOPE Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any CHOPE Content in or with any Computer will not affect the functionality or performance of the Computer.  CHOPE does not warrant or make any representations regarding the use or the results of the use of the CHOPE Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise.  You (and not CHOPE) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer.  You agree not to hold CHOPE liable for the loss of any of your User Content that is due to any circumstances beyond the control of CHOPE.

7.2

Any arrangement or reservation made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. Chope will make best endeavours to ensure that reservation availability reflected on this is site is always accurate and up-to-date, but does not make guarantees on Third Party Products ability to honour such arrangements or reservations and expressly disclaims all liabilities or damages arising from the Third Party Products inability to do so.

7.3

You acknowledge and agree that CHOPE does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and CHOPE hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.

7.4

You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and CHOPE shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.

7.5

The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice.  You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it.  

7.6

You acknowledge that it is not CHOPE’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that CHOPE does not endorse and shall not be responsible for any such content. 

7.7

You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Website Conditions, contain viruses or cause you damage.  While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.

7.8

You agree that:

 

7.8.1

CHOPE shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and

7.8.2

access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,

 

and in any such event, CHOPE shall not be liable for any loss, liability or damage which may be incurred as a result.

7.9

In no event shall CHOPE be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the CHOPE Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website.  In the event that CHOPE is liable for damages despite the foregoing provision, you agree that CHOPE’s aggregate liability to you for any and all causes of action in relation to the CHOPE Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to CHOPE for the one (1) month period immediately preceding the time such liability arose.

7.10

Under no circumstances, including, but not limited to, negligence, shall CHOPE be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the CHOPE Content, Services, Site, or any other website, even if CHOPE or a CHOPE authorised representative has been advised of, or should have foreseen, the possibility of such damages. 

7.11

You agree that the above exclusions and limitations of liability enable the Services and the CHOPE Content to be provided by CHOPE at either reasonable costs or no costs to you.

 

 

8.

Linked Sites

8.1

CHOPE may provide links to other sites ("Linked Sites") that may be of relevance and interest to users.  CHOPE has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.

 

 

9.

Data Use & Privacy

9.1

Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.

 

 

10.

Termination

10.1

You agree that CHOPE has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Site or Services, without assigning any reason. 

 

 

11.

Notification of Infringement

11.1

CHOPE reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of CHOPE Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action.  If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify CHOPE in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).

11.2

All Infringement Notices shall be sent to CHOPE addressed as follows:
The Management
55 Tiong Bahru Road, #02-47, Singapore 160055
chope@chope.co

11.3

CHOPE will duly consider all Infringement Notices submitted in the above manner.  In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against CHOPE in respect of any Infringing Material, unless you have first given CHOPE the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter CHOPE refuses or fails to remove the Infringing Material within a reasonable time.  Where CHOPE removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against CHOPE under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by CHOPE.

11.4

You acknowledge and agree that CHOPE has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites. 

 

 

12.

Jurisdictional Issues

12.1

This Site is owned and operated by CHOPE in Singapore.  CHOPE makes no representation that the Contents of the Site are appropriate or available for use in your location.  Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

 

13.

Indemnity

13.1

You agree to indemnify and hold CHOPE, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:

 

13.1.1

any use of the Site or any Service;

13.1.2

your connection to the Site;

13.1.3

your breach of any terms and conditions of these Website Conditions;

13.1.4

your violation of any rights of another person or entity; or

13.1.5

your breach of any statutory requirement, duty or law.

 

 

14.

Severability

14.1

If any provision of these Website Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Website Conditions shall continue in force save that such provision shall be deemed to be deleted.

 

 

15.

Relationship of Parties

15.1

Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between CHOPE and you and neither party shall have any authority to bind the other in any way.

 

 

16.

Waiver

16.1

No waiver of any rights or remedies by CHOPE shall be effective unless made in writing and signed by an authorised representative of CHOPE.

16.2

A failure by CHOPE to exercise or enforce any rights conferred upon it by these Website Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

 

 

17.

Rights of Third Parties

17.1

Except as provided for in Clause 13, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. 

 

 

18.

Force Majeure

18.1

No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

18.2

For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement.  Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

 

 

19.

Governing Law & Jurisdiction

19.1

These Website Conditions and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law.

19.2

You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.

(Last updated on 11 June 2011)


CHOPE Privacy Policy
This Privacy Policy applies to all information collected by The Chope Group Pte Ltd and/or its related entities, affiliates and subsidiaries (individually and collectively, "CHOPE") under Clause 1 below.
For the purpose of this Policy, “we” and “our” shall refer to CHOPE.


1.

When is information collected from you?

1.1

When you register for or use any of our services on websites owned and/or operated by us.

1.2

When you take part in any contest, survey or promotion conducted by us and/or our business partners.

1.3

When you register as a member of websites owned and/or operated by us, or hosted by us on behalf of our business partners or use services on such websites.

 

 

2.

What is the information used for?

2.1

Information which you provide to us may be used and disclosed by us and our affiliates, business partners and contractors (who may be based outside Singapore) for the following purposes:

 

2.1.1

to respond to your requests and queries;

2.1.2

to provide goods and services to you;

2.1.3

to verify and process your personal particulars and payments;

2.1.4

to communicate with you;

2.1.5

to enforce contractual and legal rights and obligations;

2.1.6

for marketing research, user profile and statistical analysis;

2.1.7

to send you information, promotions, updates, and marketing and advertising materials in relation to our goods and services and those of third party organisations;

2.1.8

complying with law, the requests of law enforcement and regulatory officials, or orders of court; and

2.1.9

for any other purposes for which we have obtained your consent, including during the registration process under our Member Terms and Conditions.

2.2

In the event that you participate in contests or other promotional programs on our websites sponsored or organized by third parties or purchase goods and services offered by third parties or offer goods and services to third parties on our sites, your information may be disclosed to and used by such third parties.

 

 

3.

Use of cookies

3.1

CHOPE uses "cookies", where a small data file is sent to your browser to store and track information about you when you enter our websites.  The cookie is used to track information such as the number of users and their frequency of use, profiles of users and their preferred sites. 

3.2

Like many web site operators, CHOPE may use an independent company (the “Third Party Market Research Company”) to measure and analyse the Internet usage across CHOPE web sites.  CHOPE uses the Third Party Market Research Company’s services to collect the following core information on the usage of our web sites, including:

 

3.2.1

The number of page views (or page impressions) that occur on CHOPE web sites;

3.2.2

The number of unique visitors to CHOPE web sites;

3.2.3

How long these unique visitors (on average) spend on CHOPE web sites when they do visit; and

3.2.4

Common entry and exit points into CHOPE web sites.

3.3

This information is collated by the Third Party Market Research Company and provided to CHOPE to assist in analysing the usage of CHOPE web sites. Such data is also accessible by media organizations and research companies, for the purpose of conducting industry comparisons with other Internet portals.

3.4

Pages on CHOPE web sites may be coded with software which enables the Third Party Market Research Company and CHOPE to track visitors to our web sites.

(Last updated on 11 October 2012)


 

Member Terms and Conditions

By clicking on the “I Accept”, “Submit”, “Login” or similar button or checking the “I Accept” or similar box at the end of the Account registration process or when logging in to your Account, you hereby agree to be bound by these Member Terms and Conditions (“Member Conditions”) as well as the Website Terms And Conditions (“Website Conditions”) which are hereby incorporated by reference into these Member Conditions, including without limitation, the representations set out in Clause 1.1 of the Website Conditions. In the event of any conflict, inconsistency or ambiguity between these Member Conditions and the Website Conditions, these Member Conditions shall govern and take precedence over the Website Conditions:

1. Definitions
1.1 All defined terms in the Website Conditions, apply to these Member Conditions unless specifically defined in these Member Conditions.

2. User Name, Password, Account Information
2.1 You agree that your Account is for your sole, personal use (or that of the entity on whose behalf you are entering into these Member Conditions). You hereby agree not to:
2.1.1 share with or permit others to use your Account or Password (defined in Clause 2.3); or
2.1.2 assign or otherwise transfer your Account to any other person or entity.
You acknowledge and agree that any unauthorised sharing or disclosure of your Password will cause wrongful loss to CHOPE and constitutes an offence under Section 8 of the Computer Misuse Act (Cap. 50A).
2.2 You shall provide CHOPE with accurate, complete, and up-to-date Account information and further ensure that the information is kept updated and remains current, accurate and complete. Failure to do so shall constitute a breach of these Member Conditions, which may result in the restriction, suspension or immediate termination of your Account.
2.3 As part of the registration process for the Account, you will select a password ("Password") and user name ("User Name"). You may not:
2.3.1 select or use a User Name of another person with the intent to impersonate that person;
2.3.2 use a name subject to the rights of any other person without authorisation; or
2.3.3 use a User Name that CHOPE, in its sole discretion, deems inappropriate or offensive.

2.4 You shall promptly notify CHOPE of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password. You shall be solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password.
2.5 You shall be bound by and responsible for, and CHOPE shall be entitled to rely on, all communications transmitted through the use of your User Name and Password, and all such communications shall be deemed to be communications made and issued by you.
2.6 You shall be responsible for all User Content, messages, and all online activity at the Site transmitted or conducted through the use of your User Name and Password.
2.7 CHOPE shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your User Name and Password.
2.8 You agree that CHOPE reserves the right to change or re-assign User Names and/or Password(s) at its sole discretion by giving you notice. CHOPE shall not be liable for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.
2.9 Unless prior written notice of no less than thirty (30) days (or such other period specified by CHOPE) is given to CHOPE, you agree that CHOPE may automatically renew your membership or subscription account upon expiration.

3. Use of Account Information
3.1 In addition to and without limiting the terms of our Privacy Policy, by providing the information requested for your Account, you hereby consent to CHOPE’s use and disclosure of all such information and information relating to your use of the Site or Services for the following purposes:
3.1.1 to respond to your requests and queries;
3.1.2 to provide the Services to you;
3.1.3 to verify and process your personal particulars and payments;
3.1.4 to communicate with you;
3.1.5 to enforce these Member Conditions and the Website Conditions and our legal rights and remedies;
3.1.6 for marketing research, user profile and statistical analysis;
3.1.7 to send you information, promotions, updates, and marketing and advertising materials in relation to our goods and services and those of third party organisations;
3.1.8 complying with law, the requests of law enforcement and regulatory officials, or orders of court; and
3.1.9 for any other purpose including the disclosure of such information to third parties for commercial / business reasons, provided that CHOPE shall not disclose credit card account information except for the purposes set out in Clauses 3.1.2 and 3.1.3 above.

4. Suspension and Termination of Account
4.1 You agree that CHOPE has the right in its sole and absolute discretion and without notice to:
4.1.1 restrict, suspend, or terminate your access to all or any part of the Services; and/or
4.1.2 terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason. Without prejudice to the generality of the above, CHOPE reserves the right to deactivate your Account if it has been inactive for a period of six (6) months or more, or if you are in breach of any of our Website Conditions or these Member Conditions or if CHOPE believes that you have been using the Account for unlawful and/or undesirable activities.
4.2 You agree not to hold CHOPE liable or responsible for any loss or damage incurred by you arising out of or in connection with the suspension and/or termination of your Account.

5. Member Obligations
5.1 You represent and warrant that you have read and agree to be bound by our Website Conditions and these Member Conditions.
5.2 You acknowledge that the Site and Services are used by a community of users, and you hereby agree and undertake:
5.2.1 to treat all users with respect and civility;
5.2.2 not to annoy, pester, solicit, harass, threaten, offend, insult, abuse, defame, or injure any other users, or commit any unlawful or tortious acts against other users;
5.2.3 not to spam, mail bomb, send viruses, spyware, malware, worms or other damaging material to other users, or act in any manner that adversely affects the use of the Services by other users;
5.2.4 not to harvest or otherwise collect information about users, including email addresses, without CHOPE’s prior written consent.

5.3 You agree that when using the Services:
5.3.1 you will only submit, upload or publish User Content in strict compliance with Clause 6 below;
5.3.2 you will not offer for sale items and/or services which are illegal, banned, unlicensed, controlled, or socially or morally reprehensible items;
5.3.3 you will not offer for sale items and/or services, or submit, upload or publish User Content, in an incorrect or inappropriate category or area on the Site, including without limitation posting unauthorised advertisements in any forum, discussion or message boards that is open and accessible to users of the Services; and
5.3.4 you will not alter, delete, manipulate, undermine or interfere with the listings or postings of any other Member.
5.4 Any infringing, fraudulent, abusive, or otherwise illegal activity, or any breach of the Website Conditions or these Member Conditions, shall be grounds for termination of your use of the Site and Services and/or your Account, at CHOPE's sole and absolute discretion, and you may be reported to appropriate law-enforcement agencies.
5.5 Without prejudice to CHOPE’s rights of restriction, suspension and termination under Clause 4 above, CHOPE reserves the right to terminate your Account and/or your access to all or any part of the Site or Services if you are in breach of any of these Member Conditions or the Website Conditions or if CHOPE believes that you have been using the Site or any of the Services for unlawful and/or undesirable activities.
5.6 You agree to indemnify and hold CHOPE, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
5.6.1 any advertisements, listings, postings or User Content placed by you;
5.6.2 any products and services offered, sold, provided, or advertised by you;
5.6.3 your use of any Services;
5.6.4 your breach of warranty, or breach of any terms and conditions of these Member Conditions; or
5.6.5 your misrepresentation, fraudulent acts, tortious acts, breach of contract, or violation of any rights of another person or entity.


6. User Content
6.1 Please exercise respect when participating in any community feature on the Site or the Services which permits you to upload or submit User Content.
6.2 You may not submit, upload or publish through the Site or the Services any User Content that is inaccurate, misleading, libellous, defamatory, threatening, pornographic, obscene, indecent, lewd, abusive, illegal, political, racist, religious, blasphemous, false, an infringement of any intellectual property rights of a third party, or would otherwise violate or encourage the violation of any law (including the Official Secrets Act (Cap.213)) or the proprietary or other rights of any third party (individually and collectively “Improper Works”). Furthermore, you may not submit or publish User Content that solicits funds, or includes programs that contain viruses, Trojan horses, worms, time bombs or any other programs designed to impair the operation and functionality of the Site, Services, Servers, or any computer.
6.3 If, at any time you contribute, submit, upload or post User Content to CHOPE or the Site or using the Services, you automatically:
6.3.1 and irrevocably grant and assign to CHOPE an equal share of all intellectual property rights, title and interests (including copyright) in the User Content, in all forms and media, and in all countries of the world, to be co-owned as tenants-in-common, with full rights to use, license, exploit and enforce the said intellectual property rights and to assign the above share of co-ownership, and without any obligation for CHOPE to account to you for any proceeds thereof, and you also agree and undertake to execute at the request of CHOPE, such other instruments, assurances or documents, as may be required to vest in CHOPE, or required for CHOPE to register in any jurisdiction, all the title or rights as referred to herein. For the avoidance of doubt, and without derogation from the above, CHOPE and its affiliates, subsidiaries and subcontractors (including its Internet content hosting servers and delivery networks) shall have a non-exclusive, royalty-free, irrevocable, perpetual and worldwide right to use (including without limitation, to store, reproduce, modify, distribute, publish, display, communicate, transmit, broadcast, podcast, webcast, or broadcast) and to sub-licence the User Content whether or not in connection with the provision of the Services and/or on or via the Site, other websites, and other printed and online publications and newspapers;
6.3.2 represent and warrant that:
(i) all such User Content are your own original works and creations and do not and will not infringe the copyright or any other intellectual property or other rights of any third party;
(ii) none of the User Content are proprietary or confidential;
(iii) none of the User Content are Improper Works, nor will they expose CHOPE to any civil or criminal proceedings in any part of the world; and
(iv) the use by CHOPE and other users for the purposes and in the manner set out in this Clause 6.3, and the hosting of such User Content on the Servers by CHOPE will not require any further licences or rights from, or infringe any intellectual property or other rights of, any third party; and

6.4 CHOPE at all times retains the sole discretion to remove or decline to accept any User Content from the Site without assigning any reason whatsoever. Without limiting the foregoing right, CHOPE may monitor the Site for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which CHOPE believes are Improper Works, or which is the subject of any dispute.
6.5 CHOPE may in its sole and absolute discretion lift the restriction or suspension of your access to the Site, Services or Account, if CHOPE is satisfied that the User Content no longer constitutes Improper Works or is the subject of any dispute. If full payment was received by CHOPE for the display of such removed User Content, CHOPE will restore such paid User Content (provided always that such User Content is no longer deemed as Improper Works or is the subject of any dispute) on to the Site until the remaining term for its display expires. For the avoidance of doubt, CHOPE shall not be obliged to extend the term for the display of paid User Content, for the time period that such User Content was removed from the Site. In the event that CHOPE fails to restore the paid User Content for whatsoever reason, you agree that CHOPE shall only be liable to refund the amounts paid for the display and publication of such User Content, on a pro-rated basis for the remaining and unexpired term for its display.
6.6 You agree to indemnify and hold CHOPE, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of User Content you submit, post to or transmit through the Site or Services.

7. Use of Services
7.1 General
You acknowledge and agree that:
7.1.1 Some Services are subject to further terms and conditions or the execution of a separate contract between CHOPE and yourself.
7.1.2 CHOPE shall be entitled at any time, at its sole discretion and without prior notice, to:
7.1.2.1 add to, vary, terminate, withdraw or suspend the whole or any part or feature of any Service; and/or
7.1.2.2 add new Services.

7.1.3 Where new Services are added, these Member Conditions and the Website Conditions will also apply to such new Services, in addition to any further terms and conditions notified to you.

7.2 App Services by Subscription
7.2.1 The terms and conditions governing the subscription on or via the Site to an App or the content or services of an App (“App Services”), can be found here, and are hereby incorporated by reference into these Member Conditions.
7.3 Online Contests & Lucky Draws
7.3.1 The terms and conditions governing CHOPE’s online contests and lucky draws can be found here and are hereby incorporated by reference into these Member Conditions.

8. Fees
8.1 CHOPE may offer the use of any Service, subject to payment of a fee or other charges to CHOPE. If you wish to use such Service, you shall make full and prompt payment to CHOPE of the applicable fees in accordance with the payment terms specified by CHOPE at the point of transaction. Unless otherwise stated, all fees are quoted in Singapore dollars.
8.2 You acknowledge and agree that CHOPE in its sole and absolute discretion, may now or in the future impose a fee or vary any fee for any Service by notifying you.
8.3 In the event that any fee for any Service is stated erroneously on the Site or otherwise, as determined in the sole discretion of CHOPE, CHOPE:

8.3.1 is not obliged to provide the Service to you at the erroneous fee; and
8.3.2 shall be entitled to rectify such error by giving you written notice of the error and of the correct fee.

If you do not agree to make payment of the correct fee after being notified, you may terminate the Service and CHOPE shall refund any fees paid by you to CHOPE on a pro-rated basis for the remaining and unexpired portion of the term for such Service, as your sole remedy.
8.4 In the event that CHOPE terminates or withdraws the operation of any Service, CHOPE may (but is not obliged to) refund any fees paid by you to CHOPE, on a pro-rated basis for the remaining and unexpired portion of the term for such specific and relevant Service.
8.5 If your Account is terminated at any time by CHOPE for breach of the Agreement, or if you cancel any payable Service, you shall not be entitled to any refund of any fees that have been paid to CHOPE and shall be liable to pay CHOPE the unpaid balance of the full amount of the agreed fees for the Service.
8.6 Your use or access of certain Services or CHOPE Content may require payment of additional charges to other third party service providers, including your telecommunications service provider or mobile service provider. You shall be solely responsible for the payment of any applicable telecommunications charges, data charges or other charges incurred in connection with your use or access of the Services or CHOPE Content. You should check with your relevant third party service provider(s) if any such additional charges are applicable, prior to using, accessing or purchasing any Service or CHOPE Content.

9. CHOPE’s Legal & Regulatory Compliance Obligations
9.1 You acknowledge that CHOPE may be required under applicable law or upon the receipt of legitimate instructions from government authorities, to carry out acts in breach of the terms of this Agreement, and you hereby agree not to hold CHOPE liable or responsible for any such breach of the Agreement.

10. Evidence
10.1 You hereby agree that:
10.1.1 All records of CHOPE relating to the Services, your use or access of the Services or the Site, your Account, your particulars, any Content, or this Agreement (collectively “Records”), though in electronic form, are written documents, and you shall not dispute or challenge the validity or enforceability of any Record on the grounds that it is not a written document, is in electronic form, or was produced by or is the output of a computer system, and you hereby waive any such right you may have at law; and
10.1.2 the Records, though in electronic form, are original documents, and you will not challenge the admissibility of any Record on the grounds that it is made in electronic form.

(Last updated on 11 October 2012)


 

App Services by Subscription
TERMS AND CONDITIONS
For the avoidance of doubt, these Terms and Conditions are an integral part of the Terms of Use for Apps (iOS) / Terms of Use for Apps (Non-iOS) (“App Terms of Use”), the Member Terms and Conditions (“Member Conditions”) and the Website Terms And Conditions (“Website Conditions”), which should all be read as a whole.
In the event of any conflict, inconsistency or ambiguity between these Terms and Conditions, the App Terms of Use (iOS) / App Terms of Use (Non-iOS), the Member Conditions and/or the Website Conditions, the following descending order of precedence will apply: (i) these Terms and Conditions, (ii) the App Terms of Use (iOS) / App Terms of Use (Non-iOS), (iii) the Member Conditions, (iv) the Website Conditions.
1. Definitions
1.1 All defined terms in the App Terms of Use (iOS) / App Terms of Use (Non-iOS), Website Conditions and Member Conditions, apply to the terms and conditions below unless specifically defined.
2. App Services by Subscription
2.1 The following provisions shall apply where access to the App Services is available via a subscription service subscribed on or via the Site (“App Subscription Service”):
2.1.1 CHOPE does not guarantee that the said App Services will remain available as an App Subscription Service. CHOPE reserves the right to alter the App Subscription Service, the types of content or services offered on or via the App, the subscription period, and the fees for such App Subscription Service.
2.1.2 Any gifts offered for subscribing to the App Subscription Service are subject to availability of stocks. Where available, the colour and model of the gift may vary from the sample shown. If the selected gift is unavailable for any reason, CHOPE reserves the right to replace it with another product of similar value at its discretion. CHOPE is also entitled to withdraw any gift offered if CHOPE, in its sole and absolute opinion, determines that you have (i) abused the benefit through incidences that include but are not limited to frequent changes of subscription plans or (ii) declared false or misleading information in the subscription form.
2.1.3 In order to subscribe to an App Subscription Service, you must provide us with complete and accurate payment information.
2.1.4 CHOPE reserves the right to restrict, suspend or terminate your subscription to the App Subscription Service if you breach any applicable terms and conditions, with or without notice and without further obligation or liability to you.
2.1.5 You have agreed and consented to allow CHOPE to use the personal details and information collected during your Account registration and/or use of the Site or Services as set out in Clause 3 of the Member Conditions and the Privacy Policy. Should you wish to withdraw such consent, please notify CHOPE via the details at https://www.chope.co/bangkok-restaurants/contact-us/, or as otherwise specified by CHOPE for this purpose.

(Last updated on 11 October 2012)