treatsure terms and conditions

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This page (read with the company’s Privacy Policy) sets out the terms and conditions (“Terms”) on which we, Treatsure Pte Ltd (“we” or “treatsure”), provide our services (“Services”) through our mobile application (“App”) or website (www.treatsure.co) (“Website”) through which you access services. Please read these Terms carefully before storing any products on the App/Website, as your storing of any products offered on the App/Website is subject to these Terms.

We reserve the right to change these Terms from time to time by changing them on this page. These Terms are only in English.

Use of your personal information submitted through the App/Website is governed by our Privacy Policy. References to “Website” in these Terms include any current or future version of our website www.treatsure.co or affiliated domains, while “App” in these Terms include any version or platform of our mobile application through which you can access our website or services, in the past, at present or in future.

By accessing any part of the App/Website, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the App/Website immediately, and you will not be able to store any Treasures through the App/Website.

1. introduction

1.1 treatsure provides a mobile marketplace platform for businesses (“Merchants”) to post their food and beverage products (“Treasures”) on their store pages and for customers to store those Treasures displayed (the “Service”) and redeem them at the Merchants’ stores.

2. access and account

2.1 You may access some areas of the App/Website without storing Treasures or registering your details with us.

2.2 By accessing any part of the App/Website, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the App/Website immediately, and you will not be able to store any Treasures through the App/Website.

2.3 We may revise these Terms at any time. You should check the App/Website regularly to review the current Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you store and/or redeem a Treasure through our App.

2.4 You are responsible for ensuring that all persons who access the App/Website through your Internet connection are aware of these Terms and that they comply with them.

2.5 By using our Service through the App/Website, you warrant that:

• You have legal capacity to enter into binding contracts;
• You are at least 18 years old at the time of the use of our Service; or
• You have obtained your parents’ consent to use our Service if you do not have legal capacity or are under 18 years old

2.6 Failure to comply with the conditions in 2.5 will result in any of your storing transaction(s) on the App/Website being voided and/or the account being terminated or suspended.

2.7 If you register as a new treatsure account user, you agree to provide current, complete, and accurate personal information required by the App. We will safeguard your data privacy on our App/Website but we may also use such information to gain insights into and enhance your consumer or user experience, in strict accordance with our privacy policy. You may review our Privacy Policy found on our App/Website.

2.8 You shall be responsible for all activities that occur under your account and shall notify treatsure immediately of any unauthorised use of your account or any breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You may only sign up for one account and may not share the account with another person.

3. operating procedures for storing & redeeming treasures

3.1 Storing Treasures: When you have selected the Treasure(s) you wish to store from any outlet and provided the other required information, you will be given the opportunity to submit the transaction by clicking or selecting the “Store”, “Confirm My Storing” or similar button. It is important that you check all the information entered and correct any errors before clicking or selecting the "Confirm My Storing" button; once you do so you will have the responsibility of redeeming the Treasure within the given time limit. After storing a Treasure you can retrieve the Certificate of Enjoyment by clicking the 'Redeem' button in your treasure chest in the App. This is your entitlement as a customer insofar as clause 3.2 is observed.

3.2 Redeeming Treasures: It is important that you turn up punctually within the specified redemption time found on the Certificate of Enjoyment, which is typically within 25 minutes from the time of successfully storing the Treasure, or within the last redemption time stipulated by the merchant on the Treasure listing. If you arrive too late, the Outlet may be closed or if you exceed the 25 minute time limit, your Treasure may be forfeited to another person. In the case of ‘steal' Treasures, there will be no time limit and the Treasures will be redeemed on a first-come-first-serve, fastest customer first basis, while stocks last.

When you have arrived at the Outlet, you may pick up your food and proceed to the counter for payment. Upon presenting your Certificate of Enjoyment (found in the “treasure chest” of the App) to the Outlet's employee, the employee will then provide you with a QR code for scanning to complete the redemption process. The Outlet's employee has the right to reject your redemption if the Certificate is not presented, the Certificate is not the correct Certificate, the Certificate does not tally with the items to be paid for at the counter, or the QR code is not authenticated successfully.

In the case of a treatsure box or assorted boxes at buffet restaurants, you shall complete the QR redemption process and make payment before the empty box is provided for you to fill up or the assorted box with the specified food is handed over to you. You shall only be allowed to fill the box once at the restaurant.

3.3 No-show: If you do not redeem your Treasure at the Outlet or redeem it within the time limit, treatsure is entitled to forfeit your Treasure and repost it on the platform for another user to store, without any liability to you. Your Certificate of Enjoyment will lapse and disappear from your treasure chest right at the expiry time if you do not complete the redemption process successfully, including clicking the ‘redeem’ button, or scanning the Outlet QR code. In the scenario where you do not show up or been showing up unreasonably beyond the time limit for three times, treatsure reserves the right to suspend your account. The Outlet will have discretion on handling late customer redemptions on a case-by-case basis but it shall not be expected or obliged to release the Treasure to the customer.

3.4 Only the user who has stored the Treasure may be able to redeem it at the Outlet with the user’s Certificate of Enjoyment in his/her treasure chest. Each Certificate of Enjoyment can only be presented once by the user and must be scanned for redemption, upon which it will be removed from the treasure chest if authentication is successful.

4. pricing

4.1 Our App/Website contains a large number of Treasures and prices, and there is a possibility that any of these may be inaccurate or erroneous. If the correct price is higher than the price stated on the App/Website, we will try our best to contact or inform you before the relevant Redemption is to be made, to notify you of the updated price. In such an event, neither we nor the relevant Outlet is obliged to provide you the Treasure you stored at the incorrect lower price or to compensate you for the difference in pricing.

5. customer & it care

5.1 treatsure will try its best to assist you where possible if you encounter any technical problems relating to the App with your Redemption. You may contact treatsure via email shown on the App/Website.

5.2 In the event that you are dissatisfied with the quality of any Treasure or the service provided by an Outlet, you may consider providing feedback to the Merchant Outlets to reflect your experience. treatsure has no control over the Outlets and the quality of the Treasures or services that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Outlet.

5.3 If you have any feedback or suggestions on the user experience or functionalities of the App, you may do so through the App feedback screen in the “About treatsure” tab on the side drawer.

5.4 We shall endeavour to ensure the App/Website is functional twenty-four (24) hours a day, but we do not undertake any obligation to do so, and we will not be liable to you if the App/Website is unavailable at any time or for any period. Access to the App/Website may be suspended temporarily at any time and without notice.

5.5 We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy, which complies with and upholds the tenets of the 2012 Personal Data Protection Act. You should review our Privacy Policy, which is incorporated into these Terms by this reference and is available on the App/Website. If you wish for us to delete your personal data, please write in to [email protected] to make a request, stating your username or email registered with the app.

6. intellectual property

6.1 You are permitted to use the App/Website and print and download extracts from the App/Website for your own personal non-commercial use on the following basis:

• You must not misuse the App/Website (including hacking or “scraping”) or use it in a manner not in accordance with the relevant laws, regulations and ethical practices
• Unless otherwise stated, the copyright and other intellectual property rights in the App/Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the App/Website other than in accordance with this clause 6.1 is prohibited.
• You must not modify the digital or paper copies of any materials that you print in accordance with clause 6.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
• You must ensure that our status as the author of the material on the App/Website is always acknowledged and referenced.
• You are not allowed to use any of the materials on the App/Website or the App/Website itself for commercial purposes without obtaining a licence from us to do so.

6.2 Except as stated in clause 6.1, the App/Website may not be used, and no part of the App/Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.

6.3 Any intellectual property rights relating to the App/Website but are not expressly granted in these Terms are reserved.

7. links to and from other websites

7.1 Links to third party websites on the App/Website are provided for your convenience and/or customer experience. If you access these links, you leave the App/Website. We do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the App/Website, it will be entirely at your own risk.

7.2 Linking permission: You may link to the Website´s homepage (www.treatsure.co) provided that:

• you do not damage or take advantage of our reputation;
• you ensure it is legally acceptable to do so
• you do not establish a link from a website that is not owned by you, or in a way that suggests a form of association with or endorsement by us where none exists;
• We reserve the right to withdraw consent to your link at any time and for any reason.
8. disclaimers

8.1 While we try to ensure that information on the App/Website is correct, we do not promise it is always accurate or complete. We may make changes to the material on the App/Website, or to the Service, Treasures and prices described, at any time without notice. The material on the App/Website may be out of date, and we make no commitment to update that material.

8.2 Allergy, dietary and other product information: The Merchant Stores are responsible for providing and posting such information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt or are unclear about any allergy warnings, food or beverage contents of any Treasure or any other product information, you should enquire with the Outlet directly before storing the Treasure.

8.3 The legal contract for the sale and purchase of Treasures is between you and the Outlet that you redeem your Treasure at, made at the time of payment at the Outlet. As we are a service and platform provider for third party Merchants and not an agent of these Merchants, we have no control over the Treasures, products, services, actions or omissions of any Merchants or Outlets. Without limiting the generality of the foregoing, you acknowledge and accept the following by using our App:

• We do not give any undertaking that the Treasures offered by any Outlet through the App/Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
• The Merchant, not us, are responsible for the safety and hygiene of the food being prepared and served to you at the Outlet. Nonetheless, we reserve the right to take action against any Merchant or Outlet, which includes but is not limited to, removing or suspending any Merchant or Outlet that contravenes any laws or regulations on food safety and hygiene.
• Neither we nor the Outlet can guarantee that Treasures stored will always be available for redemption, having consideration to the unlikely but possible event of a stockout due to very high walk-in demand. The Outlet may exercise discretion on a case-by-case basis.
• The foregoing disclaimers do not affect your statutory rights against any Outlet.

8.4 We provide you with access to the App/Website and Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the App/Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the App/Website or Service, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise ).

8.5 We reserve the right at any time to adjust, refine, add or remove any feature or element of the sites, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the sites (or any part thereof) on any particular platform, device or communications service. We are not obliged to provide you with notice of any such changes, and are under no obligation to provide you with any support, updates, amendments, upgrades, bug fixes, and/or enhancements of the sites.

8.6 Data transmission is not always completely secure. While we take steps required by law to protect your information and use various mechanisms to safeguard your data, we cannot guarantee the security of your data transmitted to the App/Website. Any relevant data transmission is at your own risk.

9. liability

9.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms affects your statutory rights.

9.2 Subject to clause 9.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the App/Website (including the use, inability to use or the results of use of the Service or the Website) for:

• any loss of profits, sales, business, or revenue;
• loss or corruption of data, information or software;
• loss of business opportunity;
• loss of anticipated savings;
• loss of goodwill; or
• any indirect or consequential loss.

9.3 If you purchase takeaway buffet item(s) from a Merchant, you agree to indemnify and hold the buffet Merchant harmless against all liability, including, but not limited to, any claim for any injury, sickness or death of any person(s) arising from the consumption and/or contamination of the food outside the buffet restaurant, unless the food was found to have not been prepared or served in accordance with the requisite standard of care. You shall be responsible to consume the food within the time advised by the Merchant.

10. termination

10.1 Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the App/Website and the Service immediately by notifying you in writing (including by email or other durable media) if we believe in our sole discretion that:

• you have repeatedly not been showing up or been showing up unreasonably beyond the time limit to redeem your stored Treasures in breach of clause 3.3 (No-show);
• you have used the App/Website in breach of clause 6.1 (Intellectual Property);
• you have breached clause 7.2 (Links to and from other websites); or
• you have breached any other material terms of these Terms

10.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the App/Website.

11. force majeure

11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).

11.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• strikes, lock-outs or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or impediments to access any Store situated within malls, buildings or locations not owned by Merchants;
• impossibility of the use of public or private telecommunications networks; and
• any relevant government actions, legislation, regulations, orders or restrictions

11.3 Our performance under these Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.

12. other boilerplates

12.1 Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

12.2 Entire agreement: These Terms, and any document expressly referred to in them, constitute the whole agreement between you and us and supersede and replace all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

12.3 No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.

12.4 Assignment: You may not transfer any of your rights or obligations to any third party under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

12.5 Headings: The headings in these Terms are included for convenience only and shall not affect their interpretation.

13. governing law and jurisdiction

13.1 These Terms shall be governed by and construed in accordance with the laws of Singapore.

13.2 We shall subject all disputes or claims arising in connection with these Terms to the exclusive jurisdiction of the courts of Singapore. Such disputes or claims can first be referred for mediation at the Singapore Mediation Centre (SMC).