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Terms of Use

GTW HOLDINGS PRIVATE LIMITED

ACCEPTANCE OF TERMS AND CONDITIONS

By using this site (the “Site”), you (“you” or the “End User”) agree to the terms and conditions that we (“HungryGoWhere” or “HungryDeals”) have provided. If you do not wish to agree to these terms and conditions (the “Terms of Use” or “Agreement”), please refrain from using the Site.

I.TERMS OF USE

1. Use of This Website
HungryGoWhere authorizes you to view, download and print Site Content subject to the following conditions: (i) you may only do so for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays or printouts of Site Content must be marked "(c) 2010, GTW Holdings Pte Ltd. All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Site Content by HungryGoWhere; (v) you may not reproduce, prepare derivative works from, distribute or display Site Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, republication, posting or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of HungryGoWhere.

To request permission:
E-mail: contact@hungrygowhere.com

You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify HungryGoWhere against any liability to any person arising out of your use of Site Content not in accordance with these terms and conditions.

2. General.
The Site provides an interactive online service operated by GTW Holdings Private Limited on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities facilitated through HungryGoWhere, affiliates of HungryGoWhere or merchants (“Merchants”) offering eCodes for sale (“eCodes”) which may be exchanged for goods/services at Merchants and other third parties.

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End Userʼs password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of HungryGoWhere, and HungryGoWhere shall not be responsible for any data lost while transmitting information on the Internet. While it is HungryGoWhereʼs objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of HungryGoWhere, access to the Site may be interrupted, suspended or terminated from time to time.

HungryGoWhere shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, HungryGoWhere may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.

3. Modifications.
HungryGoWhere may change, add or delete these Terms and Conditions of Use or any portion thereof from time to time in its sole discretion. HungryGoWhere will provide you with reasonable notice of any changes. Thereafter, you expressly agree to be bound by any such amended Terms and Conditions of Use.

HungryGoWhere may change, suspend or discontinue any aspect of the HungryGoWhere service at any time, including availability of any feature, database or content. HungryGoWhere may also impose limits on certain features and services or restrict your access to all or parts of the HungryGoWhere web site without notice or liability.

YOUR CONTINUED USE OF HUNGRYGOWHERE NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS

4. Equipment.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. HungryGoWhere shall not be liable for any damages to the End Userʼs equipment resulting from the use of this Site.

5. End User Conduct.
This Site and any individual sites or merchant-specific, city-specific, or state- specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Microsites”) are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only.

End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without HungryGoWhereʼs express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in HungryGoWhereʼs exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with HungryGoWhere.

In the event that it is ascertained that temper data has been used in any transaction with us, we reserve the right (in our full discretion) to declare the transaction null and void. We shall not be liable when this happens for any loss, damage suffered by the customer as a result howsoever caused. For the purposes of this provision, “temper data” shall mean the use of any software which allows the customer to illegally modify information on a website.

The foregoing provisions of this Section 4 apply equally to and are for the benefit of HungryGoWhere, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Copyright and Trademarks.
Everything located on or in this Site, including the Microsites, is the exclusive property of GTW Holdings Private Limited or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF GTW HOLDINGS PRIVATE LIMITED IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.

This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the Singapore copyright laws. HungryGoWhere owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part.

End User may download, print, and/or save copyrighted material for End Userʼs personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of HungryGoWhere or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with HungryGoWhere shall not be deemed to be in the public domain but rather the exclusive property of HungryGoWhere, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of HungryGoWhere unless otherwise stated.

End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. HungryGoWhere does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Microsite, End User warrants that the owner of such material has expressly granted HungryGoWhere the royalty-free, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End Userʼs personal use. End User hereby grants HungryGoWhere the right to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User. The foregoing provisions of Section 5 apply equally to and are for the benefit of HungryGoWhere, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

7. Copyright Policy.
HungryGoWhere reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to HungryGoWhere by the copyright owner or the copyright ownerʼs legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide HungryGoWhere with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright ownerʼs behalf. Contact information for HungryGoWhereʼs Copyright Agent for notice of claims of copyright infringement is as follows:
Email: moderator@gtwholdings.com

8. Warranty Disclaimer and Limitation of Liability
GTW Holdings Pte Ltd("GTW") makes no representation of any kind regarding the suitability of the site content, or any portion thereof, for any purpose. All site content is provided "As is" and GTW expressly disclaims any and all warranties of merchantability or fitness for particular use, including all implied warranties. GTW also expressly disclaims any warranty or representation as to the accuracy or proprietary character of the site content. You waive and covenant not to assert any claims or allegation of any nature whatsoever arising from or relating to your use of the web site, including, without limitation, all claims and allegations relating to the alleged infringement of proprietary rights, the alleged inaccuracy of site content, or allegations that GTW and/or HungryGoWhere has or should indemnify, defend or hold you harmless from any claim or allegation arising from your use or other exploitation of the site. You use the HungryGoWhere site at your own risk and neither HungryGoWhere nor the parties who provide information and material for publication within the site content shall not be liable for any damages of any sort arising from your use of the site. Because some countries/ jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

9. Monitoring.
HungryGoWhere shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by HungryGoWhere, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, HungryGoWhere shall have the right, but not the obligation, to remove any material that HungryGoWhere, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

10. Privacy.
End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read End Userʼs communications without End Userʼs knowledge. HungryGoWhere does not control or endorse the content, messages or information found in any Community, and, therefore, HungryGoWhere specifically disclaims any liability concerning the Communities and any actions resulting from End Usersʼ participation in any Community, including any objectionable content. Generally, any communication which End User posts to HungryGoWhere (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by HungryGoWhere as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site or any Microsite, End User grants HungryGoWhere the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information see HungryGoWhereʼs Privacy Policy.

11. License Grant.
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to HungryGoWhere a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.

12. Indemnification/Release.
End User agrees to defend, indemnify and hold harmless HungryGoWhere, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneysʼ fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites. End User is solely responsible for interactions with Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases HungryGoWhere from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchantʼs failure to comply with applicable law and/or failure to abide by the terms of a eCode, and any conduct or speech, whether online or offline, of any other user.

13. Termination.
HungryGoWhere may terminate this Agreement at any time. Without limiting the foregoing, HungryGoWhere shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which HungryGoWhere, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement."

14. Trademarks.
HungryGoWhere and HungryDeals are trademarks of GTW Holdings Private Limited. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on HungryGoWhere are the property of their respective owners.

15. Links to Other Sites.
The HungryGoWhere site contains links to third-party web sites. The linked sites are not under the control of HungryGoWhere, and HungryGoWhere is not responsible for the contents of any linked site. HungryGoWhere provides these links as a convenience, and a link does not imply endorsement of, sponsorship of or affiliation with the linked site by HungryGoWhere. Linked sites are owned and operated by independent retailers or service providers, and therefore, HungryGoWhere cannot ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

16. Use of Chat Rooms, Bulletin Boards and Other Communication Forums.
The HungryGoWhere web site may contain and allow its users to post reviews of their restaurant experiences, as well as general postings of messages in chat rooms, bulletin boards or other forums. If HungryGoWhere provides such services, you expressly agree to use such services only to send messages and material that are appropriate and that are related to the topic of the particular forum. HungryGoWhere does not edit or control the information or materials posted to or distributed through any chat rooms, bulletin boards or other communications forums, will not be in any way responsible or liable for such information or materials and claims no proprietary rights of any kind arising from the posting or distribution of information or material in such forums. By posting a review, a reviewer agrees to indemnify HungryGoWhere, operated by GTW Holdings Private Limited, for all losses that GTW Holdings Private Limited may suffer as a result of the content of the postings. HungryGoWhere nevertheless reserves the right for any reason in its sole discretion to remove without notice any contents of any such forum. By posting or distributing information or material through such forums, you expressly abandon any proprietary rights you may have in such information or material, and such information or material may be freely used, copied and distributed, in any medium and in any form, by others without your permission. You agree not to post or distribute any information or material that is copyrighted by any third party without the express written consent of such party, and you agree to indemnify and hold harmless HungryGoWhere from any claim arising out of or relating to your violation of this provision.

17. Miscellaneous.
The HungryGoWhere web site may contain and allow its users to post reviews of their restaurant experiences, as well as general postings of messages in chat rooms, bulletin boards or other forums. If HungryGoWhere provides such services, you expressly agree to use such services only to send messages and material that are appropriate and that are related to the topic of the particular forum. HungryGoWhere does not edit or control the information or materials posted to or distributed through any chat rooms, bulletin boards or other communications forums, will not be in any way responsible or liable for such information or materials and claims no proprietary rights of any kind arising from the posting or distribution of information or material in such forums. By posting a review, a reviewer agrees to indemnify HungryGoWhere, operated by GTW Holdings Private Limited, for all losses that GTW Holdings Private Limited may suffer as a result of the content of the postings. HungryGoWhere nevertheless reserves the right for any reason in its sole discretion to remove without notice any contents of any such forum. By posting or distributing information or material through such forums, you expressly abandon any proprietary rights you may have in such information or material, and such information or material may be freely used, copied and distributed, in any medium and in any form, by others without your permission. You agree not to post or distribute any information or material that is copyrighted by any third party without the express written consent of such party, and you agree to indemnify and hold harmless HungryGoWhere from any claim arising out of or relating to your violation of this provision.

18. Applicable Laws and Jurisdiction
The HungryGoWhere web site (excluding links to third-party sites) is controlled by GTW, While GTW has made no effort to publish the HungryGoWhere site elsewhere, because this site is published on the World Wide Web it is accessible in Singapore and in other countries. Each of these places has laws that may differ from those of Singapore and from each other. You and HungryGoWhere both benefit from establishing a predictable legal environment in which to publish, access and use this site. Therefore, by publishing, accessing and/or using the HungryGoWhere web site, you and HungryGoWhere explicitly agree that all disputes, claims or other matters arising from or relating to your use of this site will be governed by the laws of Singapore, without regard to its conflicts of law principles. You agree that all claims you may have against GTW arising from or relating to the operation or use of this web site will be heard and resolved in a court of competent subject matter jurisdiction located in Singapore. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access this web site from locations other than Singapore, you will be responsible for compliance with all local laws of such other jurisdiction.