Terms and Conditions of Service
All references in the Terms and Conditions to “we” and “us” shall mean Openrice Limited.
By registering with TableMap, you agree to receive emails and/or short message service (“SMS”) notifications relating to your account activities and Reservations (as defined below) made via TableMap and/or the Dining Points Scheme (as defined below), including without limitation the following:
- account activation email;
- SMS notification for the purpose of verifying your mobile phone number;
- confirmation emails issued pursuant to Clause 2.8 or 2.9; and
- confirmation emails in respect of redemption of gift items and/or dining vouchers.
- Online Restaurant Reservation
- The Dining Points Scheme
3.1 You may earn certain number of dining points except otherwise stated in restaurant reservation note(calculated according to the scale as we may adopt from time to time) for each Reservation made at TableMap and subsequently honoured (as per the record provided to us by the relevant Restaurant) (“Dining Points Scheme”). The dining points can be used to redeem gift items and/or dining vouchers in such manner as we may advise from time to time. Please refer to the prevailing Dining Points Scheme, which may be varied by us from time to time at our sole and absolute discretion. 3.2 Dining points will be credited to your membership account within 1 to 4 days after you have honoured your Reservation. For the avoidance of doubt, no dining point shall be awarded for cancelled Reservation or no-show. 3.3 Any dining points which are obtained by improper means (including without limitation breach of the Terms and Conditions) shall be forfeited at our sole and absolute discretion without any compensation or recourse or notice to you. 3.4 Your dining points shall be valid for a term running from the date on which they are credited to your membership account until the end of the next Dining Points Year (as defined below) (both dates inclusive). By the end of such term, any unredeemed dining points shall expire and be forfeited automatically. For the avoidance of doubt, any expired dining points cannot be used to redeem gift items and/or dining vouchers. 3.5 If you register as a Member of TableMap during the period from 1 January to 30 June (both days inclusive), a “Dining Points Year” shall refer to a period commencing on 1 January and ending on 31 December of that particular calendar year; if the date of your registration as a Member falls within the period from 1 July to 31 December (both days inclusive), a “Dining Points Year” shall commence on 1 July of that particular calendar year and end on 30 June of the immediately following calendar year. 3.6 All dining points are neither transferrable nor exchangeable for cash. Dining points in different membership accounts cannot be combined for redemption of gift items and/or dining vouchers. 3.7 All gift items and/or dining vouchers available for redemption are supplied by third parties. We disclaim any warranty, obligation, risk or liability with regard to the gift items and/or dining vouchers and the use of the same, including without limitation warranty as to merchantability and fitness of such gift items. 3.8 Redemption of gift items and/or dining vouchers is on a first-come-first-served basis, subject to the availability of the stocks. We make no representation or warranty that any of such gift items and/or dining vouchers will be available for your redemption at all times. 3.9 We reserve the absolute right to reject any redemption request without specifying any reason in respect therefor. 3.10 Once your redemption request is confirmed, it cannot be changed nor cancelled without our written consent. 3.11 No redeemed gift items or dining vouchers shall be returned or exchanged for cash or other gift items or dining vouchers. 3.12 You acknowledge that your entitlement to the dining points is at our sole and absolute discretion. We reserve the right to terminate and/or suspend the Dining Points Scheme and/or change the terms applicable to the same herein, in whole or in part, at any time with or without notice.
- Intellectual Property Rights
5.1 You acknowledge and agree that all materials on TableMap are owned by us, the Restaurants, our licensors or other third parties (as the case may be) which are protected by copyright laws and/or other intellectual property laws. No materials on TableMap (or any part thereof) shall be downloaded, copied, modified, reproduced, printed, posted, transmitted or distributed in any way except that you may download and/or print a copy of such materials for your own legal and non-commercial use only. Use of such materials for any other purposes is strictly prohibited. You acknowledge that you will be solely responsible for any adverse consequences arising from any breach of copyright laws and/or other intellectual property laws. 5.2 You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, proposals, suggestions, comments and other communications and information provided by you to us in connection with TableMap without any remuneration or compensation to you. You hereby waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of such ideas, concepts, proposals, suggestions, comments and/or other communications and information. 5.3 As a condition for your use of TableMap, you agree that you shall not use TableMap for any purpose or in any manner that is unlawful or prohibited by any applicable laws or regulations or the Terms and Conditions contained herein or otherwise improper or inappropriate.
- Your Rights and Obligations
6.1 TableMap may be used by you only for lawful, bona fide and personal non-commercial purposes and in a lawful manner. You agree to comply with all applicable laws and regulations regarding TableMap and the Terms and Conditions contained herein. 6.2 You unconditionally and irrevocably undertake and covenant with us not to:
- access or use the membership account of any other Member without his/her permission;
- directly or indirectly allow others to use your username or password to access or use TableMap;
- save, store, collect, duplicate, process, use, distribute, publish, disclose or transmit in any way any information or data about or of other Members or any other persons save and except for the purposes as permitted hereunder;
- interfere with, disrupt or violate, or attempt to interfere with, disrupt or violate TableMap, its security and/or its servers or networks including but not limited to by way of the use of viruses, trojan horses, worms, or any other harmful or deleterious programs;
- use TableMap in any manner that will infringe the copyright, trademark, trade secrets or other intellectual property rights of ours or others or violate the privacy or publicity or other personal rights of others;
- use TableMap in any manner that is discriminatory, harassing, libelous, obscene, threatening, abusive,hateful or is otherwise offensive or objectionable;
- distribute, post or transmit any material in violation of any applicable law or regulation by using the tools that we make available at TableMap; or
- use TableMap or any facilities thereat for commercial purposes of any kind.
- Disclaimer and Limitation of Liability
- General Terms
8.1 We shall not in any way be regarded as your agent in rendering our services hereunder. 8.2 You shall not assign or transfer any rights or obligations under the Terms and Conditions to any third person without our prior written consent thereto. 8.3 No failure or delay by us in exercising any right, power or remedy under the Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of the Terms and Conditions shall be deemed to be a waiver of any subsequent breach of that or any other provision of the same. 8.4 We reserve the right to modify, suspend or withdraw, temporarily or permanently, TableMap (or any part thereof) with or without notice to you. In any event, we shall not be liable to you for any modification to or suspension or withdrawal of TableMap. We may terminate and/or suspend your use of and access to TableMap (or any part thereof) or any related service(s) at any time with immediate effect without any notice and in our sole and absolute discretion for any reason, including without limitation the following:-
- If you are unable to verify or authenticate any information you previously provided to us;
- If we believe that your action may give rise to liability of any nature; or
- If we deem your action unsuitable or inappropriate.
- Governing Law and Dispute Resolutions
9.1 The Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). 9.2 Any dispute, controversy or claim arising out of or relating to the Terms and Conditions including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Clause:
- The appointing authority shall be Hong Kong International Arbitration Centre (“HKIAC”).
- The place of arbitration shall be in Hong Kong at HKIAC.
- There shall be only one arbitrator.
- The language to be used in the arbitral proceedings shall be English.
In the event of any breach of the Terms and Conditions by a party, the other party shall be entitled to remedies in law and equity as determined by arbitration.
10.1 Should you have any enquiries, please email us at firstname.lastname@example.org. Whilst we endeavour to respond to each and every enquiry that you make as soon as practicable, we shall not be responsible and/or liable for any delayed response or omission to respond.