Terms and Conditions of Service

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Openrice.com, opensnap.com and its subdomains (hereinafter collectively referred to as the "Sites") are powered by Openrice Group Inc. (hereinafter referred to as "Openrice"). Openrice and/or its subsidiary(ies) and/or affiliate(s) (hereinafter collectively referred to as the "Company"; if the context requires or permits, the "Company" may refer to any one of Openrice and/or its subsidiary(ies) and/or affiliate(s)) also operate and provide services via, apart from the Sites, other media platforms or other websites (hereinafter referred to as the "Platforms") and applications including mobile applications (hereinafter referred to as the "Applications") which are developed in whole or in part by the Company. The Sites, the Platforms and the Applications may be collectively referred to as the "Channels" hereinafter. Such services provided through the Channels shall only be available to users, registered or nonregistered (hereinafter collectively referred to as the "User(s)"), as uploading, posting, viewing, forwarding and/or otherwise using the advertisements, promotional materials, views, comments and/or other information on the Channels. Access to and use of the contents and services provided on the Channels shall be subject to the Privacy Policy and these terms and conditions (hereinafter referred to as the "Terms and Conditions"). By using the Channels and any other Sites and Media platforms or Applications accessed through such Channels, Users deemed to have acknowledged and agreed that the Privacy Policy and the Terms and Conditions set out below are binding upon them. If a User does not accept either or both of the Privacy Policy and the Terms and Conditions, please do not use the Channels. The Company reserves the right, at its own discretion, to revise the Privacy Policy and the Terms and Conditions at any time without prior notice. Once posted on the Channels, the amended Privacy Policy and the Terms and Conditions shall apply to all Users. Users are advised to visit this page periodically to review the latest Privacy Policy and the Terms and Conditions. User's access to the Channels and the Services (as defined below) will be terminated upon his/her notice to the Company that any change is unacceptable; otherwise the continued use shall constitute acceptance of all changes and they shall be binding upon Users.

By using the Channels, Users are, as the case may be, also deemed to have acknowledged and agreed that apart from being bound by the Terms and Conditions set out herein, they will at the same time be bound by the terms and conditions of the relevant and applicable Channel(s) they use and the terms and conditions of the relevant and applicable Channel(s) operated by the Company which their Materials (as defined in Section 3.1 below) are being / have been uploaded to or posted on.

The terms "User" and "Users" herein refer to all individuals, legal entities and/or states accessing and/or using the Channels, whether in Japan or elsewhere, for any reason or purpose.

1. General Terms
   1. The Company provides online platforms for Users to list the services or products related to food and beverage which they offer and provides online marketing (including but not limited to posting advertisements, promotional campaigns, marketing materials and special events which they host) as well as providing discussion forums and online platforms for Users to upload, post and forward their comments and photos related to their dining experiences (hereinafter referred to as the "Services").
   2. The Company is not a party to nor is it involved in any actual transaction between Users.
   3. The Company is committed to protect the privacy of the Users. The Company uses the information of the Users according to the terms as described in the Privacy Policy.
2. Prohibited Uses for all Users
   1. Users of the Channels, registered or nonregistered, agree not to use any of the Channels for any of the following purposes which are expressly prohibited:
      1. All Users are prohibited from violating or attempting to violate the security of the Channels including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network, attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any User, host or network or sending unsolicited email. Violation of system or network security may result in civil and/or criminal liabilities.
      2. A User shall not delete or revise any material or information posted by any other Users.
      3. All Users shall not use the Channels: (1) for uploading, posting, publishing, transmitting, distributing, circulating or storing material in violation of any applicable laws or regulations; (2) in any manner that will infringe the copyright, trademark, trade secrets or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (3) in any manner that is harmful, defamatory, libelous, obscene, discriminatory, harassing, threatening, abusive, hateful or is otherwise offensive or objectionable. In particular, all Users shall not print, download, duplicate, copy or use any personally identifiable information about other Users (if any). All unsolicited conducts of any type to Users are strictly prohibited.
      4. Users shall not use the Channels if they do not have legal capacity to enter into legally binding contracts.
      5. Users shall not upload or post any advertisement or materials on the Channels which contains any false, inaccurate, misleading or libelous content or contains any computer viruses, trojan horses, worms, computing files or other materials that may interrupt, damage or limit the functionality of any computer software or hardware or telecommunication equipment. Also, the advertisement shall not be fraudulent nor involve sale of illegal products.
      6. Users shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
3. Acceptable uses of the Channels
   1. Specific uses - User(s) uploading or posting advertisements, photos, content, views, comments, messages or other information (hereinafter collectively referred to as the "Material(s)") on the Channels. Such User(s) uploading or posting the Materials shall hereinafter referred to as the "Posting User(s)".
      1. The Posting User agrees that he/she/it shall only use the Channels for lawful purposes and for enjoying the Services provided through the Channels. The Company reserves the right to edit, share, reject, disapprove, erase or delete any Materials posted on the Channels (even when the Materials seem appropriate.)
      2. In the event that the Posting User is an individual, he/she shall not post his/her identity card and/or passport number on the Channels.
      3. Although the Company shall make its reasonable efforts to restrict access to the database of the Posting Users' personal information only to the personnel of the Company, the Company does not guarantee that other parties will not, without the Company's consent, gain access to such database. For the usage and protection of personal information provided by the Posting Users, please refer to the Privacy Policy.
      4. Users who upload or post Materials on the Channels shall be solely responsible for the Materials uploaded, posted or shared by them and/or any webpages, media platforms and/or applications related to the Channels where they posted the Material. The Company reserves the right to edit, share, reject, erase, remove and delete any Materials (even when the Materials seem appropriate.) and links to webpages, media platforms and/or applications as it sees appropriate. The Company shall have the right to terminate any services to any Posting Users at its sole discretion. If a User uploads or posts Materials on the Channels and subsequently deletes and/or removes them or a User terminates his/her/its accounts, or the Company deletes and/or removes such uploaded or posted Materials, such Materials will no longer be accessible by the User who uploaded or posted the same via that User's account; however, such deleted Materials may still persist and appear on any part of the Channels, or be used in any form by the Company.
      5. The Company reserves the right to request any User to cease using or to change his/her/its username immediately after a notice given to the relevant User without giving any reason as and when the Company deems appropriate to do so; if any User disagrees and/or refuses to abide by such request made by the Company, the Company may at any time at its sole discretion, deactivate that User's account without prior notification to that User and without prejudice to all the Company's other rights and remedies.
      6. This Paragraph shall only be applicable to Users posting advertisements, promotional and marketing materials ("Advertiser(s)"):Upon payment of a service fee to the Company or upon acceptance of any free trial promotion offer, Users will be entitled to use the Sites, Platforms or Applications (as the case may be) to post advertisements and promotional materials (in the event of any conflict between the Terms and Conditions and any specific terms and conditions of any service agreement(s) entered into between the Company and the User(s), the latter shall prevail). The Company also reserves the right to change the service fee or institute new charges or fees to be paid by Advertisers for posting advertisements and promotional materials on any of the Channels, as it deems appropriate. In the event that any Advertiser posting advertisements and/or promotional materials fails to pay the service fee or any other fees or charges due to the Company, the Company reserves the right to suspend or terminate that Advertiser's user account, advertisements and links to webpages, media platforms or applications without prejudice to all the other Company's rights and remedies.
      7. This Paragraph shall only be applicable to the use of the Applications and related matters: By using the Applications, Users are deemed to have acknowledged and agreed to the following:
         1. If Users use the Applications to upload, post and share Materials, including but not limited to instantly uploading, posting and sharing photos taken, the Users are deemed to have given their consent to the Materials being shared;
         2. The Users' use of the Applications may cause their personally identifying information to be publicly disclosed and/or associated with the relevant Users, even if the Company has not itself provided such information; and
         3. The Users shall use the Applications at their own option and risk and at their own accord. The Users will hold the Company harmless for activities related to their use of the Applications.
   2. Specific uses - User(s) viewing the Materials posted on the Channels (hereinafter referred to as the "Viewer(s)")
      The Viewer agrees that he/she/it shall only use the Channels for lawful purposes and for enjoying the Services provided therein. The Viewer agrees that any personal information received from the Channels or the Company shall only be used for the purpose of identifying and/or locating advertisements or materials or any content therein or for the purpose of enjoying the Services provided through the Channels. Any personal information which are received irrelevant to the above purposes shall be disregarded and shall not be saved, stored, collected, processed, used, distributed, published, disclosed or transmitted in any way, including but not limited to for any commercial purpose. The Viewer also agrees that any personal information collected from the Channels or the Company shall be promptly and properly deleted when the above purposes have lapsed or been achieved.
      The Company shall not be deemed responsible or held liable in any way if any Users, in breach of the Terms and Conditions or the terms and conditions of any relevant and applicable Channel(s), whether in Japan or elsewhere, use the other Users' personal information, any other information or materials (whether obtained from the Channels or not) for any purpose. All Users accept that all personal information, any other information or materials provided by them publicly on the Channels are voluntarily provided entirely at their own risk. The Company shall not bear the responsibility of protecting the personal information, any other information or materials so provided publicly therein.
   3. Specific uses - User(s) using online restaurant reservation service
      Any User using online restaurant reservation service via www.tablemap.com which is operated by the Company is deemed to have read, understood and accepted the Terms and Conditions as well as the Terms and Conditions of www.tablemap.com in detail before using the said service.
4. Content License
   1. By uploading or posting Materials on the Channels, a User is deemed to have unconditionally granted the Company a nonexclusive, worldwide, irrevocable, royalty-free right to exercise the copyright and publicity rights (but no other rights) he/she/it has in the Materials in order that the Company can use, publish, host, display, promote, copy, download, forward, distribute, reproduce, transfer, edit, sell and reuse the Materials in any form and anywhere, with or without making any commercial gains or profits, and can carry out the purposes set out in the Privacy Policy and herein. Users agree that they will not exercise their own moral rights of an author against the Company, the successor of rights from the Company or the licensee from the Company.
5. Intellectual Property Rights
   1. All contents of the Channels, including without limitation the text, images, information, comments, layout, database, graphics, photos, pictures, sounds or audio formats, software, brands and HTML are the intellectual properties of the Company or the Users (as the case may be) which are protected by applicable copyright and trademark laws and may not be downloaded or otherwise duplicated without the express written permission of the Company or the Users (as the case may be). Re-use of any of the foregoing is strictly prohibited and the Company reserves all its rights. Any use of any of such content other than those permitted under the Terms and Conditions, the terms and conditions of any specific Channel(s) and the terms and conditions of any service agreement(s) entered into between the Company and the User(s) is strictly prohibited and the Company reserves all its rights in this respect. For the avoidance of doubt, any purported consent of any third parties on the use of the contents and materials mentioned under this Clause shall not exonerate the Users from the restrictions/prohibitions imposed hereunder in whatsoever manner.
6. Contents
   1. Users acknowledge that the Company may not prescreen or preapprove certain content posted on the Channels or any content posted via the Channels. In any event, the Company takes no responsibility whatsoever for the content on the Channels or any content posted via the Channels, nor for any content lost and does not make any representations or warranties regarding the content or the accuracy of any materials therein.
      
      Any Materials uploaded or posted on the Channels by Users may be viewed by users of other websites, media platforms or applications linked to the Channels and the Company is not responsible for any improper or illegal use by any user or third party from linked third-party websites, media platforms or applications of any data or materials posted on the Channels. Links to third-party websites, media platforms or applications provided on the Channels are provided solely as a convenience to the Users and as internet navigation tools, and not in any way an endorsement by the Company of the contents on such third-party websites, media platforms or applications. Unless otherwise stated on the Channels, the Company has no control over or rights in such third-party websites, media platforms or applications and is not responsible for any contents on such third-party websites, media platforms or applications or any use of services provided by such third-party websites, media platforms or applications by the Users. All Users acknowledge and agree that they are solely responsible for the form, content and accuracy of any Materials, webpage or other information contained therein placed by them. The Company is not responsible for the content of any third-party websites, media platforms or applications linked to the Channels, and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party websites, media platforms or applications. If any User accesses any linked third-party websites, media platforms or applications, he/she/it does so entirely at his/her/its own risk.
      
      The Company shall have the right to remove any Materials uploaded or posted on the Channels without any compensation or recourse to the Posting User(s) if the Company considers at its sole discretion that such Users have breached or have attempted to breach any law, the Terms and Conditions, or any terms and conditions of any specific Channel(s) or service agreement(s) entered into between the Company and the Posting User(s). In the event that the Company decides to remove any paid advertisement for any reasons irrelevant to any breach of law or the provisions herein, the Company may, after deducting the fees charged for the period that the advertisement has been posted on the Channels, refund the remaining fees (if any) to the relevant Posting User in accordance with the Terms and Conditions or the terms and conditions of any specific Channel(s) or service agreement(s) entered into between the Company and the relevant Posting User, without prejudice to the Company's rights and remedies hereunder
      
      Users agree and consent that the Company may, subject to the terms of the Privacy Policy, use their personal information and/or other information provided to the Channels and/or offered to the Company in marketing services with the Company and/or in special events of the Company for purposes relating to the provision of Services.
7. Responsibility
   1. The Company may not monitor the Channels at all times but reserves the right to do so. The Company does not warrant that any Materials or webpage or application will be viewed by any specific number of Users or that it will be viewed by any specific User. The Company shall not in any way be considered an agent of any User with respect to any use of the Channels and shall not be responsible in any way for any direct or indirect damage or loss that may arise or result from the use of the Channels, for whatever reason made. WHILST ENDEAVOURING TO PROVIDE GOOD QUALITY SERVICE TO ALL USERS, THE COMPANY DOES NOT WARRANT THAT THE CHANNELS WILL BE OPERATED ERRORFREE OR THAT THE CHANNELS AND THEIR SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE CHANNELS OR THEIR CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA BY ANY USER, THE COMPANY SHALL NOT BE RESPONSIBLE FOR SUCH COSTS. THE CHANNELS AND THEIR CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT PREJUDICE TO THE FOREGOING, ANY IN RESPECT OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENTS, SERVICES, TEXT, GRAPHICS AND LINKS OF THE CHANNELS.
8. Own Risk
   1. All USERS SHALL USE THE CHANNELS AND ANY OTHER WEBSITES, MEDIA PLATFORMS OR APPLICATIONS ACCESSED THROUGH THE CHANNELS, ENTIRELY AT THEIR OWN RISK. ALL Users are responsible for the consequences of their postings. The Company does not represent or guarantee the truthfulness, accuracy or reliability of any Materials uploaded or posted by the Posting Users nor endorse any opinions expressed by the Posting Users. Any reliance by any User on advertisements and materials posted by the other Users will be at their own risk. The Company reserves the right to terminate the registration of any User and prevent his/her/its further access to the Channels, at any time for breaching this agreement or violating the law and also reserves the right to remove any Materials which is abusive, illegal, disruptive or inappropriate at the Company's sole discretion.
9. Indemnity
   1. All Users agree to indemnify, and hold harmless the Company, its officers, directors, employees, agents, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from or resulting from their use of the Channels or their breach(es) of the terms of this Agreement or any terms and conditions of any specific Channel(s) or service agreement(s) entered into between the Company and the User(s). The Company will provide prompt notice of any such claim, suit or proceedings to the relevant User.
10. Limitation of the Service
    1. The Company shall have the right to limit the use of the Services, including the period of time that Materials will be posted on the Channels, the size, placement and position of the Materials, email messages or any other contents which are transmitted by the Services. The Company reserves the right, at its sole discretion, to edit, modify, share, erase, delete or remove any Materials posted on the Channels, for any reason, without giving any prior notice or reason to the Users. The Users acknowledge that the Company shall not be liable to any party for any modification, suspension or discontinuance of the Services.
11. Termination of Service
    1. The Company shall have the right to delete or deactivate any account, or block the email or IP address of any User, or terminate the access of Users to the Services, and remove any Materials within the Services immediately without notice for certain reasons, including but not limited to the reason that the User breached any law, the Terms and Conditions or any terms and conditions of any specific Channel(s) or any service agreement(s) entered into between the Company and the User(s). The Company reserves the right at any time to take such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against any such User. The Company shall have no obligation to deliver any Materials posted on the Channels to any User at any time, both before or after cessation of the Services or after the removal of the related Material(s) from the Channels.
       
       The Terms and Conditions set out hereunder shall become inapplicable to the Users immediately after the Users terminating their use of the Sites, Platforms and Applications (as the case may be).
12. Disclaimer
    1. The Company does not have control over and does not guarantee the truth or accuracy of listings of any Materials posted on third-party websites, media platforms or applications accessed via the Channels.
       
       IN ANY EVENT, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRSENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY LOSSES, CLAIMS OR DAMAGES SUFFERED BY ANY USER WHATSOEVER AND HOWSOEVER ARISING OR RESULTING FROM HIS/HER/ITS USE OR INABILITY TO USE THE CHANNELS AND THEIR CONTENTS, INCLUDING NEGLIGENCE AND DISPUTES BETWEEN ANY PARTIES.
13. Limitation of Liability
    1. Without prejudice to the above and subject to the applicable laws, the aggregate liability of the Company to any User for all claims arising from their use of the Services and the Channels shall be limited to the amount of HK$1,000.
14. Security Measures
    1. The Company will make its reasonable efforts to ensure that its officers, directors, employees, agents and/or contractors will exercise their prudence and due diligence in handling the personal information submitted by the Users, and that the access to and processing of the personal information by such persons is on "need-to-know" and "need-to-use" bases. The Company will make its reasonable efforts to protect the personal information against any unauthorized or accidental access, processing or erasure.
15. Severability
    1. The provisions of the Terms and Conditions shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event any provision of the Terms and Conditions is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of the Terms and Conditions shall not be affected and, it is interpreted that, in lieu of such an illegal, invalid, or unenforceable provision, there shall be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable laws.
16. Conflict
    1. If there is any conflict between (1) the Terms and Conditions and/or specific terms of use appearing on the Platforms, the Applications or any terms and (2) the conditions of any service agreement(s) entered into between the Company and the User(s), or any specific terms and conditions of use in respect of any special events hosted by the Company, then the latter shall prevail.
17. Governing Law and Dispute Resolutions
    1. Unless otherwise specified, the Terms and Conditions and any dispute or matter arising from or incidental to the use of the Channels 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 (hereinafter referred to as "Hong Kong"). However, regarding any of such disputes or matters in relation to such use in Japan, the laws of Japan shall apply.
       
       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:
       1. The appointing authority shall be Hong Kong International Arbitration Centre (hereinafter referred to as "HKIAC"), or alternatively, may be appointed by the Company at its sole and absolute discretion to the one in any country which the Company considers as fit and appropriate. Any User(s) who are in dispute with the Company acknowledge(s) and agree(s) that the choice of appointing authority nominated by the Company shall be final and conclusive.
       2. The place of arbitration shall be at HKIAC in Hong Kong; or alternatively, at any such arbitral body in any country as the Company considers fit and appropriate at its sole and absolute discretion. Any User(s) who are in dispute with the Company acknowledge(s) and agree(s) that the choice of the arbitral body and the place of arbitration nominated by the Company shall be final and conclusive.
       3. There shall be only one arbitrator.
       4. The language to be used in the arbitral proceedings shall be English.

In the event of any breach of the Terms and Conditions by any one party, the other party shall be entitled to remedies in law and equity as determined by arbitration.

* Such Sites include without limitation openrice.com.cn, ph.openrice.com, id.openrice.com, my.openrice.com, sg.openrice.com, th.openrice.com, tw.openrice.com, jp.openrice.com.

For any query, please email to our Customer Service Representative in the respective countries as follows:
China:  szservice@openrice.com.cn
Hong Kong:  cs@openrice.com
Indonesia:  cs@openrice.co.id
Malaysia:  cs@openrice.com.my
Philippines:  cs@openrice.com.ph
Singapore:  cs@openrice.com.sg
Taiwan:  cs@openrice.com.tw
Thailand:  cs@openrice.co.th
Japan:  cs@openrice.co.jp

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