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Last Updated on 8 May 2018. These terms and conditions are effective immediately for all registered accounts on Eatholic, applicable for both new and existing accounts.
These terms and conditions (the "Terms") govern your access to and use of Eatholic’s mobile applications and websites that link to or reference these Terms ("App"). By accessing or using the App, you are agreeing to these Terms and concluding a legally binding contract with Playtivate Pte Ltd, a company incorporated in Singapore and wholly-own the App ("Eatholic"). Do not access or use the App if you are unwilling or unable to be bound by the Terms.
"You" and "your" refer to you, as a user of the App. A "user" is someone who accesses, browses or in any way uses the App. "We", "us", and "our" refer to Eatholic.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the App, such as reviews, ratings, compliments, complains and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the App. "Eatholic Content" means Content that we create and make available in connection with the App. "Third Party Content" means Content that originates from parties other than Eatholic or its users, which is made available in connection with the App. "App Content" means all of the Content that is made available in connection with the App, including Your Content, User Content, and Eatholic Content and Third Party Content.
We may modify the Terms from time to time. You understand and agree that your access to or use of the App is governed by the Terms effective at the time of your access to or use of the App. If we make material changes to these Terms, we will notify you by email or by posting a notice on the App prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the App after the effective date of modifications to the Terms indicates your acceptance of the modifications.
We grant you permission to use the App subject to the restrictions in these Terms. Your use of the App is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The App may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the App. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to strengthen your credibility as a reviewer to the App. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your friend), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. Please read our privacy policy for more information.
By creating an account, you agree to receive certain communications in connection with the App. For example, you might receive comments from other users. We may also be sending email newsletter to update you on recent happenings. You can opt-out of non-essential communications by emailing us.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Eatholic.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the App and any Other Media the right to access Your Content in connection with their use of the App and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Eatholic and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and Eatholic, you own Your Content. We own the Eatholic Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other App Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the App excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Eatholic Content and the App, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Eatholic Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and the Eatholic Content are retained by us.
Eatholic and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
User Content (including any that may have been created by users employed or contracted by Eatholic) does not necessarily reflect the opinion of Eatholic. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the App to:
You also agree not to, and will not assist, encourage, or enable others to:
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
You represent that you have read and understood our Content Guidelines.
You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the App outside of Singapore, you consent to having your personal data transferred to and processed in Singapore.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Eatholic and its users any claims and assertions of any moral rights contained in such Feedback.
The App may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through the App may be subject to additional third party or open source licensing terms and disclosures.
You agree to indemnify, defend, and hold Eatholic, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Eatholic Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the App, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the App, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Eatholic reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Eatholic. Eatholic will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Please read this section carefully since it limits the liability of the Eatholic entities to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. If you are unsure about this or any other section of these terms, please consult with a legal professional prior to accessing or using the app. By accessing or using the app, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.
The app is made available to you on an "as is", "with all faults" and "as available" basis, with the express understanding that the Eatholic entities may not monitor, control, or vet user content. As such, your use of the app is at your own discretion and risk. The Eatholic entities make no claims or promises about the quality, accuracy, or reliability of the app, its safety or security, or the app content. Accordingly, the Eatholic entities are not liable to you for any loss or damage that might arise, for example, from the app’s inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content, order, and display), or metrics found on, used on, or made available through the app.
The Eatholic entities make no claims or promises with respect to any third party, such as the businesses or advertisers listed on the app or the app’s users. Accordingly, the Eatholic entities are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the app. Your purchase and use of products or services offered by third parties through the app is at your own discretion and risk.
The Eatholic entities expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by businesses listed on the app, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of one of the Eatholic entities shall create a representation or warranty.
Your sole and exclusive right and remedy in case of dissatisfaction with the app, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the app.
The Eatholic entities disclaim liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
Singapore law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Eatholic (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS OF SINGAPORE.
You may terminate the Terms at any time by closing your account, discontinuing your use of the App, and providing Eatholic with a notice of termination. Please review our Privacy Policy for information about what we do with your account when terminated.
We may close your account, suspend your ability to use certain portions of the App, and/or ban you altogether from the App for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the App, Your Content, App Content, or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 1, 4, 5, 8 - 12 will continue in full force and effect, including our right to use Your Content as detailed in Section 4.
We reserve the right to modify, update, or discontinue the App at our sole discretion, at any time, for any or no reason, and without notice or liability.
We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the App.
Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and us regarding the use of the App, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure on Eatholic’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Eatholic’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Eatholic allows users to contribute different kinds of content, including reviews, photos, events, places, etc anything under the sun. We need your help to keep Eatholic safe and friendly for all users. We have put together these general guidelines:
Inappropriate content
Conflicts of interest: Your contributions should be unbiased and objective. For example, you shouldn’t write reviews of your own business or employer, your friends’ or relatives’ business, your peers or competitors in your industry, or businesses in your networking group.
Privacy: Respect the privacy of others. Do not post private information, close-up photos or videos of others without their permission
Intellectual property: Don’t get content from other sites or users. Create them yourself, write your own review, take your own photos and videos. You can do it!
Demanding payment: Beyond simply asking for a refund to remedy a bad experience, you should not use removing or posting your review as a way to extract payment from a business, regardless of whether you’ve been a customer.
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on Eatholic that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on Eatholic if we believe that it violates this Statement or our policies.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
Our app is available on any mobile device! Download now to get started!