Terms & Condition
Thank you for visiting our website. JITDining.com is a platform for matching restaurants and diners with a “Just-in-Time” concept. JITDining.com shall provide tremendous restaurant hot-pick promotion information to the users for dining. Restaurants can make instant offers at the right time and diners can pick the offer and confirm the booking instantly.
By your access to this Site and/or use of the Services, you hereby agree to be legally bound by these JITDining.com Conditions. If you do not accept these JITDining.com Conditions, please leave the Site and cease using the Services immediately.
In this Agreement, the following definitions shall apply:
“Account” means a registered account of a Member opened under this Site.
“Computer” means your computer, notebook computer, tablet, smartphone 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, comments, suggestions, ideas and other content.
“JITDining.com Content” means all content of JITDining.com that is made available on or via this Site.
“Linked Sites” is defined in Clause 8.
“Member” means a registered member of the Site.
“Member Conditions” means the terms and conditions applicable to Members.
“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 2.
“Site” means the JITDining.com website containing the link to these Terms and Conditions.
“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 created, transmitted, posted or uploaded by a third party.
“User Content” means all content on this Site which is created, transmitted, posted, or uploaded by a user of the Site.
2. Site and Services
2.1 This Site is developed, owned and maintained by Optitable Technology Ltd.
2.2 You acknowledge and agree that you may be required to register as a Member before accessing and using certain Services, and shall be bound by the Member Conditions in addition to these JITDining.com Conditions.
2.3 From time to time JITDining.com will run competitions, promotions, activities, events and surveys (“Activities”) at the Site. These are subject to additional terms and conditions of the Activities when they are launched.
2.4 JITDining.com may offer one or more of the following services on or through the Site:
2.4.1 just-in-time offer by partner restaurants to JITDining.com Website;
2.4.2 real-time reservation engine for partner restaurants linked to JITDining.com through OptiTable Table Optimization System or OptiTable TOM Lite merchant app;
2.4.3 a social networking platform;
2.4.4 email or SMS confirmation and alerts;
2.4.5 search and/or filter engines or tools;
2.4.6 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;
2.4.7 an advertising and branding platform for partner restaurants; and
2.4.8 any other features, content or applications that JITDining.com may offer at the Site from time to time in its sole and absolute discretion.
3.1 You hereby agree that:
3.1.1 you are 18 years old or above and have the necessary legal capacity, right, power and authority to agree to these JITDining.com Conditions and you are either accessing this Site, using the Services and contracting in your own personal capacity or on behalf of a corporate entity;
3.1.2 you are authorised on behalf of yourself or your corporate entity and such entity agrees to be bound by these Conditions;
3.1.4 all of the information provided by you to JITDining.com (including without limitation personal particulars and contact information) is accurate and complete;
3.2 JITDining.com reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. JITDining.com may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability; and
3.3 JITDining.com may from time to time vary or amend these JITDining.com Conditions. Any use of the Services after the amendment will be deemed to be acceptance of the amended JITDining.com Conditions by you. If you do not agree to the amended JITDining.com Conditions, you have the right to terminate your Account and/or discontinue to use the Services.
4. Online Manner
4.1 You hereby undertake:
4.1.1 to comply with these JITDining.com Conditions, and such other notices or guidelines that may be posted on the Site from time to time (which are hereby incorporated by reference into these JITDining.com Conditions);
4.1.2 not to use the Account of another Member at any time, whether with or without his/her permission;
4.1.3 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
4.1.4 not to use any Service or JITDining.com Content for any unlawful purpose.
5. Use of Content Conditions
5.1 You may keep a copy of JITDining.com Content for your personal, non-commercial use.
5.2 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:
5.2.1 any Service;
5.2.2 the Site;
5.2.3 any JITDining.com Content except, to the extent permitted, with the prior written consent of JITDining.com or unless expressly permitted in these JITDining.com Conditions; or
5.2.4 any Third Party User Content except, to the extent permitted, with the prior written consent of JITDining.com and the owner or licensee of the specific User Content.
5.3 Without prejudice to the generality of Clause 5.2, you agree not to reproduce, display or otherwise provide access to the Services, JITDining.com Content, or Third Party User Content on another website or server without the prior written permission of JITDining.com.
5.4 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any JITDining.com Content available on the Site or through a Service except under the specific circumstances expressly permitted by JITDining.com in writing.
5.5 JITDining.com reserves and retains all rights in the JITDining.com Content or its copyrighted material or software. Use of JITDining.com Content may be governed by the terms of an accompanying end user license agreement.
6. Disclaimers & Limitations
6.1 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. JITDining.com will make best endeavours to ensure that reservation availability reflected on this 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.
6.2 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 information and data contained herein before acting on it.
6.3 While JITDining.com make every effort to ensure that all JITDining.com Content displayed on the Site is accurate and complete, we provide the JITDining.com 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, JITDining.com 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, JITDining.com does not warrant that the functions contained in or access to the Site, Services, JITDining.com Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, JITDining.com Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any JITDining.com Content in or with any Computer will not affect the functionality or performance of the Computer. JITDining.com does not warrant or make any representations regarding the use or the results of the use of the JITDining.com Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability or otherwise. You 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 JITDining.com liable for the loss of any of your User Content that is due to any circumstances beyond the control of JITDining.com.
6.4 You acknowledge that it is not JITDining.com’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 JITDining.com does not endorse and shall not be responsible for any such content.
6.5 You acknowledge and agree that JITDining.com does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and JITDining.com 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.
6.6 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 JITDining.com shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
6.7 You agree that:
6.7.1 JITDining.com 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 reasons; and
6.8 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, JITDining.com shall not be liable for any loss, liability or damage which may be incurred as a result. You agree that the above exclusions and limitations of liability enable the Services and the JITDining.com Content to be provided by JITDining.com at either reasonable costs or no costs to you.
6.9 You knowledge 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 JITDining.com 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.
6.10 In no event shall JITDining.com 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 JITDining.com Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that JITDining.com is liable for damages despite the foregoing provision, you agree that JITDining.com’s aggregate liability to you for any and all causes of action in relation to the JITDining.com Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to JITDining.com for the one(1) month period immediately preceding the time such liability arose.
6.11 Under no circumstances, including, but not limited to, negligence, shall JITDining.com be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the JITDining.com Content, Services, Site, or any other website, even if JITDining.com or a JITDining.com authorised representative has been advised of, or should have foreseen, the possibility of such damages.
7. Linked Sites
JITDining.com may provide links to other sites (”Linked Sites”）that may be relevance and interest to users. JITDining.com 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.
8. Data Use & Privacy
9. Notification of Infringement
9.1 JITDining.com reserves the right to investigate notice of copyright, trademark and other intellectual property infringement(“Infringement”) in respect of JITDining.com 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 JITDining.com in writing immediately.
9.2 JITDining.com 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 JITDining.com in respect of any Infringing Material, unless you have first given JITDining.com the infringement notice and sufficient opportunity to remove the Infringing Material, and thereafter JITDining.com refuses or fails to remove the Infringing Material within a reasonable time. Where JITDining.com removes the Infringing Material in response to your infringement notice, you agree not to exercise and you hereby waive, any right of action against JITDining.com under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by JITDining.com.
9.3 You acknowledge and agree that JITDining.com has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
9.4 All infringement notices shall be sent to JITDining.com addressed as follows:
Optitable Technology Limited
Unit 528, 5/F, Enterprise Place, No. 5 Science Park West Avenue, Hong Kong Science Park, Shatin, N.T., Hong Kong
10. Rights of Third Parties
10.1 Except as provided for in Clause 12, a person or entity who is not a party to this Agreement shall have no right under the Contracts to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member or as answering a particular description.
11. Parties Relationship
11.1 Nothing in these JITDining.com Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between JITDining.com and you.
12.1 You agree to indemnify and hold JITDining.com, and its related entities penalties, costs (including without limitation, legal costs on a fully indemnity basis), awards, losses and /or expenses, due to or arising out of:
12.1.1 any use of the Site or any Service;
12.1.2 your connection to the Site;
12.1.3 your breach of any terms and conditions of these JITDining.com Conditions;
12.1.4 your violation of any rights of another person or entity; or
12.1.5 your breach of any statutory requirement, duty or law.
13.1 Waiver of any rights or remedies shall be effective unless made in writing and signed by an authorised representative of JITDining.com.
13.2 A failure by JITDining.com to exercise or enforce any rights conferred upon it by these JITDining.com Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to block the exercise or enforcement thereof at any subsequent time or times.
14. Intellectual Property
14.1 The domain name on which the Site is hosted on is the sole property of JITDining.com and you may not use or otherwise adopt a similar name for your own use.
14.2 The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of JITDining.com or other third parties, and all rights to the Marks are expressly reserved by JITDining.com or relevant third parties. You are not permitted to use any Marks without the prior written consent of JITDining.com or such third party. JITDining.com and its related entities assertively enforce their intellectual property rights to the fullest extent of law. The name of JITDining.com 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 JITDining.com.
14.3 The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Site, and all JITDining.com Content, including without limitation the copyright in the compilation of all User Content, shall confer upon and remain with JITDining.com.
14.4 If you have any questions or concerns about these JITDining.com Conditions or any issues raised in these JITDining.com Conditions, please contact us at [email protected]
15. Force Majeure
15.1 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.
15.2 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 above), 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.
If any provision of these JITDining.com 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 JITDining.com Conditions shall remain in force save that such provision shall be deemed to be removed.
You agree that JITDining.com 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.
18. Governing Law & Jurisdiction
18.1 This Site is owned and operated by JITDining.com in HKSAR. JITDining.com 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.
18.2 These JITDining.com Conditions and all matters relating to your access to, or use of, this Site and the Services shall be governed by a construed in accordance with the laws of HKSAR.
1. IP ADDRESSES
Every computer connected to the internet is given an IP address. We use IP addresses to analyze trends, administer the Website, track users' movement and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information, and our web servers do not record the email addresses of our visitors.
2.1 Save you time while using JITDining.com
2.2 Remind us who you are and to access your account information; and
2.3 Track and target the interests of our users to provide a customized and more personal experience on our Website.
3. INFORMATION IS COLLECTED
3.1 JITDining.com is the sole owner of the information collected on its Website. We will not sell, share or rent this information to others in ways different from what is disclosed in this policy, without first obtaining your consent.
3.2 JITDining.com may collect information when you visit or use our Website. We also may automatically record information on our server logs from your internet browser, such as your IP address, page requests and cookie information. This information may be used to customize the content you see when you use our Website. This information is generally used to fulfill your requests, to contact you and to customize and improve your experience with JITDining.com.
4. INFORMATION ABOUT THE JITDINING.COM ONLINE RESERVATION NETWORK
4.1 The restaurants using online reservation system took the opportunity to allow the JITDining.com proprietary Electronic Reservation System to replace their traditional pen-and-paper reservation books. The same way, the JITDining.com online booking pages pass pertinent information to the JITDining.com System of individual restaurants that is required to secure or cancel online reservations, for example. In some instances a restaurant may operate its own website and collect a myriad of diner/user information directly as part of the online reservation process. If this happens to be the case, only the information passed directly to the JITDining.com booking page to complete the transaction is stored by the JITDining.com booking system (e.g. diner name, phone and email address).
4.2 An online reservation may also be made through a restaurant's website or via an JITDining.com affiliate's web link. Similarly, your personal information is passed through from these sites onto the JITDining.com System.
4.3 This document describes how JITDining.com online booking system user information is collected, stored, used and, in specific instances, shared with restaurants via their JITDining.com System.
5. INFORMATION YOU WILL NEED TO PROVIDE WHEN YOU USE THE RESTAURANT ONLINNE BOOKING PAGE AND SYSTEM:
5.1 You can make restaurant reservations online using the Restaurant online booking page in the following way:
If you choose to connect with Restaurant Fans Page and become a Facebook Fans in order to take advantage of Restaurant's online reservation system, you will be asked to provide the following information:
18.104.22.168 Full Name
22.214.171.124 Email Address
126.96.36.199 You may choose not to receive emails from restaurants or marketing communications from JITDining.com, other than automated service messages pertaining to your reservation, request or dining survey. If you would like to change your email preferences, please send us an e-mail and we will remove you from our e-mail list.
188.8.131.52 Some of our services may be offered in conjunction with partner companies, affiliates or other companies or websites with which we work. In order for us to provide these services to you, it may be necessary for us to share your personal information with one of such entities. These trusted partners are not allowed to use personally identifiable information except for the purpose of providing these services. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular service.
184.108.40.206 Users should understand that all information shared during the registration and reservation processes is sent to and stored on secure servers that are located in Singapore. Singapore has data protection laws that may not be consistent with those of other countries. If JITDining.com transfers your information outside of your host country, JITDining.com will take steps to ensure that your privacy rights continue to be protected.
6. INFORMATION ACCESSIBLE TO RESTAURANTS
6.1 When you make a restaurant, reservation using the Restaurant online booking page, your name, address, email address and telephone number are provided to that restaurant.
6.2 JITDining.com will only share the information specified above with the restaurant at which you have made reservations using the JITDining.com booking engine. Restaurants cannot use their reservation system to access information pertaining to diners or dining histories from other restaurants, with the exception that restaurants under the same corporate ownership may elect to share diner information between restaurant properties.
7. ONLINE RESERVATIONS
If you choose to make an online reservation using restaurant online booking page, it is required that you will need to provide the requested reservation date and time along with the number of people in the party (for best results, make your reservation during the restaurant's regular hours of operation). The system will automatically provide your name, address, email address to the restaurant along with the reservation. The restaurant has the option to contact you about the reservation; this call may be recorded for training and quality control.
8. MESSAGE FROM RESTAURANTS
Restaurant sends automated service messages pertaining to upcoming or recent restaurant reservations, such as confirmations, reminders, and/or invitations to provide diner feedback. While you cannot unsubscribe from all service messages, you may select not to receive future diner feedback invitation emails by sending restaurant an e-mail requesting to be removed from the list.
From time-to-time restaurant may request information from users via surveys. Participation in these surveys, to the extent we run any, is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address) and demographic information (such as zip code and age level). Survey information will be used for purposes of monitoring and/or improving the use and satisfaction of the booking page.
10. RESTAURANT SURVEYS AND ACCESS TO INFORMATION
For purposes of allowing targeted marketing, restaurant owners are provided with access to the name and email information for each online bookers of their restaurant once booking has been validated. After you have used your meal you may be invited to take a survey to provide feedback to the restaurant about your dining experience. These survey results will be provided to the restaurant. If you choose to leave comments the restaurant will be provided with your name and email address along with your comment so they may follow-up if necessary.
11. PURPOSES OF USE OF YOUR PERSONAL INFORMATION
11.1 Restaurants may use your personal information for the following purposes:
11.1.1 to secure your reservation at the restaurant you've selected, by providing your name and contact phone number to that restaurant;
11.1.2 to provide you with information about the services of the restaurant;
11.1.3 to provide services which connected Facebook Users are entitled to under applicable terms and conditions;
11.1.4 to produce aggregate statistical data for the improvement of services offered by the restaurant;
11.1.5 to provide you with restaurant recommendations based on your dining history,
for any other purposes related to those above.
12. HOW JITDINING.COM USE YOUR PERSONAL INFORMATION
12.1 JITDining.com will never sell, rent, loan or otherwise distribute any of your personal information (including but not limited to your name, email address, phone number or any other identifiable information about you) to any third party without your prior expressed written consent, although JITDining.com will pass certain information on to restaurants at which you make reservations, only as described above.
12.2JITDining.com does use aggregate data (based partly on IP addresses of website visitors) collected through its website to analyze website usability, system performance and usage trends. While this data, in its aggregate form only, may be shared with third parties with whom JITDining.com works to analyze it, the data will only be shared under the strictest terms of confidentiality and will never contain any personally identifiable information pertaining to any user of the JITDining.com booking engine.
13. HOW RESTAURANTS MAY USE YOUR PERSONAL INFORMATION
13.1 Restaurants primarily use diner information provided through the JITDining.com online booking page to secure the desired reservations. Additionally, as noted above, if the user has given permission to a restaurant to send email to that user's address, the restaurant may then contact the diner with special announcements or offers. If permission is not given, the user's email address will not be passed on to the restaurant.
13.2 The restaurants are separate businesses from JITDining.com. While JITDining.com encourages them to comply with data protection requirements, JITDining.com will not be responsible if these restaurants fail to comply with respect to your information. Any complaints or inquiries regarding use of your information by restaurant, or marketing communications from restaurant, should be addressed directly to the restaurant in question.
14. INFORMATION OR DATA SHARING
14.2 JITDining.com may also release personal information to appropriate governmental authorities under the following circumstances:
14.2.1 Where release is required by law (for example, a subpoena) or regulation, or is requested by a government agency conducting investigations or proceedings or
14.2.2 Where our records indicate a company may be engaged in fraudulent activity or other deceptive practices that a governmental agency should be made aware of.
15. DISCLOSURE, CORRECTION, SUSPENSION, OF USE OF PERSONAL INFORMATION
If you wish to have JITDining.com disclose to you the personal information held by JITDining.com and the means through which JITDining.com obtained such information, or if you desire the information's correction, suspension of use, or to be informed of the purpose of use by JITDining.com, please contact JITDining.com. Upon receiving the request, JITDining.com shall meet such request pursuant to the provisions of each applicable privacy regulation after it confirms that such request has been made by you personally.
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 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 (“JITDining.com Conditions”) which are hereby incorporated by reference into these Member Conditions, including without limitation, the representations set out in Clause 1.1 of the JITDining.com Conditions. In the event of any conflict, inconsistency or ambiguity between these Member Conditions and the JITDining.com Conditions, these Member Conditions shall govern and take precedence over the JITDining.com Conditions:
1.1 All defined terms in the JITDining.com Conditions, apply to these Member Conditions unless specifically defined in these Member Conditions.
2. Use of Account Information
2.1.1 to respond to your requests and queries;
2.1.2 to provide the Services to you;
2.1.3 to communicate with you;
2.1.4 to verify and process your personal particulars and payments;
2.1.5 to enforce these Member Conditions and JITDining.com Conditions and our legal rights and remedies;
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 organizations; and
2.1.8 complying with law or orders of court.
3. User Name, Password and Account Information
3.1 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:
3.1.1 share with or permit an unauthorized person(s) to use your Account or Password (defined in Clause 3.3); or
3.1.2 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 JITDining.com.
3.2 You shall provide JITDining.com 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.
3.3 As part of the registration process for the Account, you will select a password (“Password”) and user name (“User Name”). You may not:
3.3.1 select or use a User Name of another person with the intent to impersonate that person;
3.3.2 use a name subject to the rights of any other person without authorisation; or
3.3.3 use a User Name that JITDining.com, in its sole discretion, deems inappropriate or offensive.
3.4 You shall be bound by and responsible for, and JITDining.com 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.
3.5 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.
3.6 You agree that JITDining.com reserves the right to change or re-assign User Names and/or Password(s) at its sole discretion by giving you notice. JITDining.com shall not be liable for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.
3.7 Unless prior written notice of no less than thirty (30) days (or such other period specified by JITDining.com) is given to JITDining.com, you agree that JITDining.com may automatically renew your membership or subscription account upon expiration.
3.8 You shall promptly notify JITDining.com 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.
3.9 JITDining.com shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result or in connection with the wrongful or fraudulent use of your User Name and Password.
4. Member Obligations
4.1 You represent and warrant that you have read and agree to be bound by JITDining.com Conditions and these Member Conditions.
4.2 You acknowledge that the Site and Services are used by a community of users, and you hereby agree and undertake:
4.2.1 to treat all users with respect and courtesy;
4.2.2 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;
4.2.3 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;
4.2.4 not to harvest or otherwise collect information about users, including email addresses, without JITDining.com’s prior written consent.
4.3 You agree that when using the Services:
4.3.1 you will only submit, upload or publish User Content in strict compliance with Clause 5 below;
4.3.2 you will not offer for sale items and/or services which are illegal, banned, unlicensed, controlled or socially or morally reprehensible items;
4.3.3 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
4.3.4 you will not alter, delete, manipulate, undermine, or interfere with the listings or postings of any other Member.
4.4 Any infringing, fraudulent, abusive, or otherwise illegal activity, or any breach of the JITDining.com Conditions or these Member Conditions, shall be grounds of termination of your use of the Site and Services and/or your Account, at JITDining.com’s sole and absolute discretion, and you may be reported to appropriate law-enforcement agencies.
4.5 Without prejudice to JITDining.com’s rights of restriction, suspension and termination under Clause 10 below, JITDining.com 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 JITDining.com Conditions or if JITDining.com believes that you have been using the Site or any of the Services for unlawful and/or undesirable activities.
4.6 You agree to indemnify and hold JITDining.com, and its related entities 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 of:
4.6.1 any advertisements, listings, postings or User Content placed by you;
4.6.2 any products and services offered, sold, provided, or advertised by you;
4.6.3 your use of any Services;
4.6.4 your breach of warranty, or breach of any terms and conditions of these Member Conditions; or
4.6.5 your mis-representation, fraudulent acts, tortious acts, breach of contract, or violation of any rights of another person or entity.
5. User Content
5.1 Please exercise respect when participating in any community feature on the Site or the Services which permits you to upload or submit User Content.
5.2 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 or the proprietary or other rights of any third party. Furthermore, you may not submit or publish User Content that solicits funds, or includes programs that contain viruses, worms, time bombs or any other programs designed to impair the operation and functionality of the Site, Services, Servers, or any computer.
5.3 If, any time contribute, submit, upload or post User Content to JITDining.com or the Site or using the Services, you automatically:
5.3.1 and irrevocably grand and assign to JITDining.com 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 JITDining.com to account to you for any proceeds thereof, and you also agree and undertake to execute at the request of JITDining.com, such other instruments, assurances or documents, as may be required to vest in JITDining.com or required for JITDining.com 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, JITDining.com and its related entities (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;
5.3.2 represent and warrant that:
220.127.116.11 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;
18.104.22.168 none of the User Content are proprietary or confidential;
22.214.171.124 none of the User Content are Improper Works, nor will they expose JITDining.com to any civil or criminal proceedings in any part of the world; and
126.96.36.199 the use by JITDining.com 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 JITDining.com will not require any further licences or rights from, or infringe any intellectual property or other rights of, any third party; and
5.4 JITDining.com 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, JITDining.com may monitor the Site for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which JITDining.com believes are Improper Works, or which is the subject of any dispute.
5.5 JITDining.com may in its sole and absolute discretion lift the restriction or suspension of your access to the Site, Services or Account, if JITDining.com is satisfied that the User Content no longer constitutes Improper Works or is the subject of any dispute. If full payment was received by JITDining.com for the display of such removed User Content, JITDining.com 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 the Site until the remaining term for its display expires. For the avoidance doubt, JITDining.com 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 JITDining.com fails to restore the paid User Content for whatsoever reason, you agree that JITDining.com 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.
5.6 You agree to indemnify and hold JITDining.com and its related entities 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.
6. Use of Services
You acknowledge and agree that:
6.1.1 Some Services are subject to further terms and conditions or the execution of a separate contract between JITDining.com and yourself.
6.1.2 JITDining.com shall be entitled at any time, at its sole discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the whole or any part or feature of any Service; and/or add new Services.
6.1.3 Where new Services are added, these Member Conditions and the Conditions will also apply to such new Services, in addition to any further terms and conditions notified to you.
6.2 App Services by Subscription
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.
6.3 Online Contests & Lucky Draws
The terms and conditions governing JITDining.com’s online contests can be found here and are hereby incorporated by reference into Member Conditions.
7.1 JITDining.com may offer the use of any Service, subject to payment of a transaction fee or other charges to JITDining.com. If you wish to use such Service, you shall make payment to JITDining.com of the applicable fees in accordance with the payment terms specified by JITDining.com at the point of transaction. Unless otherwise stated, all fees are quoted in Hong Kong dollars.
7.2 You acknowledge and agree that JITDining.com 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.
7.3 In the event that any fee for any Service is stated erroneously on the Site or otherwise, as determined in the sole discretion of JITDining.com, JITDining.com:
7.3.1 is not obliged provide the Service to you at the erroneous fee; and
7.3.2 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 JITDining.com shall refund any fees paid by you to JITDining.com for the unexpired portion of the term for such Service, as your sole remedy.
7.4 In the event that JITDining.com terminates or withdraws the operation of any Service, JITDining.com may (but is not obliged to) refund any fees paid by you to JITDining.com, for the remaining and unexpired portion of the term for such specific and relevant Service.
7.5 If your Account is terminated at any time by JITDining.com 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 JITDining.com and shall be liable to pay JITDining.com the unpaid balance of the full amount of the agreed fees for the Service.
7.6 Your use or access of certain Services or JITDining.com 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 soley 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 JITDining.com 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 JITDining.com Content.
8. JITDining.com’s Legal & Regulatory Compliance Obligations
You acknowledge that JITDining.com 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 JITDining.com liable or responsible for any such breach of the Agreement.
9.1 You hereby agree that:
9.1.1 All records of JITDining.com 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 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
9.1.2 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.
10. Suspension and Termination of Account
10.1 You agree that JITDining.com has the right in its sole and absolute discretion and without notice to:
10.1.1 restrict, suspend, or terminate your access to all or any part of the Services; and/or
10.1.2 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, JITDining.com 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 JITDining.com Conditions of theses Member Conditions or if JITDining.com believes that you have been using the Account for unlawful and/or undesirable activities.
10.2 You agree not to hold JITDining.com liable or responsible for any loss or damage incurred by you arising out or in connection with the suspension and/or termination of your Account.
App Services by Subscription
Terms and Conditions
(i) These Terms and Conditions;
(iii) The Member Conditions
(iv) The JITDining.com Conditions
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 JITDining.com does not guarantee that the said App Services will remain available as an App Subscription Service. JITDining.com 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 In order to subscribe to an App Subscription Service, you must provide us with complete and accurate payment information.
2.1.3 JITDining.com 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.