Terms of service

Overview

The following Terms of Use (‘Terms’) govern your access to, and use of, the LunchClick (the ‘Site’, ‘Blog’ and ‘Service’), both on your desktop (web version) as well as mobile device (mobile version), operated by Lunch Actually Pte Ltd.

By creating an account or by accessing, browsing, or otherwise using the Service, you agree to be bound by these Terms and any of the related policies or guidelines, including any subsequent changes or modifications to them. If you do not agree to these Terms or any changes, do not access or otherwise continue to use this Service.

We reserve the right at any time to change all or any of the Service, including by eliminating or discontinuing any content on or feature of the Service; and change any fees or charges for use of the Service. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Service or by electronic mail. Your continued use of the Service after such notice will be deemed acceptance of such changes. You can determine when these Terms were last revised by referring to the ‘Last Modified’ legend at the top of these Terms. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content on or feature of the Service; or any change in any fees or charges for use of the Service.

Other Applicable Terms

Registration. When and if you set up your LunchClick account and register to use the Service, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address), and (b) maintain and update your information to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Service.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

LunchClick provides matches to all users through our proprietary matching algorithm. Users are free to interact and meet up with other users at their sole discretion. The LunchClick app DO NOT guarantees success matches or future marriages.

Privacy. Our use and disclosure of any information that you provide is governed by our Privacy Policy. The Service is not directed to, and not intended for the use of, user under the age of 20. If you are under the age of 20, please do not register or submit any personal information to the Service.

Conduct Policy. You agree to the terms of our Conduct Policy related to your use of the Service, including your submission of any data, text, photographs, graphics, messages, ratings, forum postings, comments or other materials (collectively, ‘User Content’). The Conduct Policy is located at the end of, and is a part of, these Terms.

Copyright and License

All copyrighted and copyrightable materials on the Service, including but not limited to the text, design, product information, graphics, images, pictures, sound and other files, and the selection, compilation and arrangement thereof (collectively, the ‘Materials’) are ALL RIGHTS RESERVED Copyright © 2015 LunchClick and/or its licensors. You may not copy, modify, or reverse engineer any part of the Service owned by the LunchClick.

LunchClick grants you a limited license to make personal use of the Service to access and review the Materials for your information purposes only. This license does not include the right to: (a) use the Service or Materials for purposes other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Service, including any images found on the Service or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d) make derivative uses of the Service or the Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.

You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of LunchClick or any third party. Any unauthorized use of the Service will terminate the permission or license granted by LunchClick to you under these Terms and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Your Liability

You are solely responsible for your activities on our Service, including all content that you submit or a third party submits on your behalf or using your account. You agree to indemnify LunchClick and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under these Terms, including violations of our Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your account.

Intellectual Property (Trademarks & Copyrights)

All trademarks and service marks on the Service not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

LunchClick undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following by sending an email to hello@lunchclick.co:

  • A signature of the copyright owner or the person authorized to act on its behalf;
  • A description of the copyrighted work claimed to have been infringed;
  • A description of the infringing material and information reasonably sufficient to permit LunchClick to locate the material;
  • Your contact information, including your address, telephone number, and email;
  • Inclusion of the following statement: ‘I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.’

 

Third-Party Websites, Software and Services

LunchClick or third parties may provide links on the Service to other sites or content. LunchClick has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Service. The inclusion of any link on the Service does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Service, our Terms no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.

No Warranties

LUNCHCLICK PROVIDES THE SERVICE ‘AS IS’ AND ‘AS AVAILABLE’ AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LUNCHCLICK SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT.

You expressly agree that use of the site, including all content or data distributed by or downloaded or accessed from or through the site, is at your sole risk. LunchClick does not represent or warrant that materials in the site are accurate, complete, current, reliable or error-free.

LunchClick is not responsible for typographical errors or omissions relating to pricing, text or photography. We cannot and do not represent or warrant that the site or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.

Limited Liability

In no event shall we be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.

You agree that LunchClick’s aggregate liability for any actual and direct damages hereunder shall not exceed the amounts paid by you to LunchClick under this agreement. You acknowledge that this is a reasonable allocation of risk for your use of the site.

Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions or damages, so some of the above exclusions may not apply to you.

Applicable Law and Venue

These Terms supersede any previous agreement and represent the entire agreement between LunchClick and you. These Terms are governed by the laws Singapore without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly.

Conduct Policy

Please read this Conduct Policy carefully. It governs your conduct while using the Service operated by LunchClick. By using our Service, you agree to be bound the terms of this Conduct Policy.

Any violation of this policy may result in the suspension or termination of your access to the site or use of our Service and such action as we deem appropriate. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of the policy by you.

Prohibited Conduct

The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on our Service.

  • You agree not to submit fake, non-genuine, fictitious information (including feedback responses, fake email accounts, fake Facebook accounts, fake photos) which do not represent the truth;
  • You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
  • You agree not to upload, post or otherwise transmit any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Codes);
  • You agree not to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information;
  • You agree not to violate any applicable laws or regulations;
  • You agree not to upload, post or otherwise transmit any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • You agree not to upload, post or otherwise transmit any data that potentially infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity; or
  • You agree not to upload, post or otherwise transmit any data that is unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of solicitation.
  • You agree not to use an account name, file or other identifier that infringes or misappropriates any trademark, service mark or other indicia of origin or that is otherwise likely to cause confusion as to the source, affiliation, sponsorship or endorsement of a third party’s products or services;
  • You agree not to express or imply that any statements you make are endorsed by us, without our prior written consent;
  • You agree not to attempt to disguise the origin of any User Content transmitted to the Service;
  • You agree not to act in any manner that negatively affects other users’ ability to use the Service;
  • You agree not to interfere with the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • You agree not to use the Service to harm minors in any way;
  • You agree not to intentionally create and/or log in with multiple accounts;
  • You agree not to abuse the system and contact other users by scheduling fake dates or other unnatural means;
  • You agree not to use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, ‘data mine’ or in any way reproduce or circumvent the navigational structure or presentation of the Service;
  • You agree not to harvest or collect information about or from users of the Service without their express consent and, if such consent is provided, only pursuant to applicable law.

 

System and Network Security

You are prohibited from violating the security of any system or network comprising the Service. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Service or to breach security or authentication measures.
  • Unauthorized monitoring of data or traffic on the Service.
  • Interference with the Service including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks.
  • Forging of any packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
  • Using manual or electronic means to avoid any use or access limitations placed on this Service.

 

Enforcement

Notwithstanding anything to the contrary in this Conduct Policy, LunchClick reserves the right, but does not assume the obligation, to investigate any violation of this Conduct Policy or any other misuse of the Service or its systems, equipment or network. LunchClick further reserves the right (each in its sole discretion) to screen, edit, modify, remove or disable access to any content that violates these provisions or that LunchClick deems objectionable. Without imitating the foregoing, and notwithstanding anything contrary in our Privacy Policy, LunchClick reserves the right to report any activity, data or persons (including the disclosure of relevant user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if LunchClick suspects you have violated this Conduct Policy or any law or regulation. LunchClick also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. If you want to report any violations of this Conduct Policy, please contact us at: hello@lunchclick.co.

Term and Termination

These Terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these Terms, and/or your access to and use of the Service or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to access and/or use the Service will immediately cease. You agree that any termination of your access to or use of the Service may be effected without prior notice, and that we may immediately deactivate or delete your account, and all related information and files associated with it (including all submissions), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Service or to any such information or files, and shall not be required to make such information or files available to you after any such termination. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Refund

Users can download LunchClick app and register for free. As a member you will have access to most, but not all, of the features and services available within the app.

IMPORTANT: LunchClick has no control on refunds via Apple App Store and Google Play Store; Apple and Google decides and approve all refund requests.

For purchases made within the app via Apple App Store and Google Play Store, please seek refund through the app store directly. After making a purchase via app store, you should receive a payment receipt from the app store via email. The receipt contains a “refund” link for users to request for refund via Google/Apple app store. Proceed and submit the refund request form, and Apple/Google store will decide if the refund is applicable.

Payment and refund transaction fee may be incurred by users who made payment via Paypal/Apple App Store/Google Play Store.

3 Days Cooling Down Period: Within three (3) calendar days from the date of payment, if you wish to cease your package service, LunchClick will return to you the package fee less the administration fees of $20.00 which are non-refundable.

By entering into this Agreement, you acknowledge that all of your purchases involving our packages are not refundable, not transferable and irrefutable after a 3 day cooling down period from the date and time of your purchase. During the 3 day cooling down period after every package purchase, if you contact us using hello@lunchclick.co or fax or the contact form and indicate during that period that you want a refund, we will issue you a partial refund for your membership subscription less the administration fees of $20.00 which are non-refundable.

Take note that 3 Days cooling period will not be applicable to any packages bought under promotion. It will be strictly non-refundable. Promotion may or may not include a limited trial.

Additional warranty benefits for LunchClick Premium Users

1 month package – No guaranteed dates.
3 months package – if you are not able to go out on at least 1 date within 3 months, you will receive additional 3 months premium access.
6 months package – if you are not able to go out on at least 2 dates within 6 months, you will receive up to additional 6 months premium access.
12 months package – if you are not able to go out on at least 4 dates within 12 months, you will receive up to additional 12 months premium access.

*For 6 and 12 months packages, the additional months will be prorated if you have went on dates with your matches. For each unused guaranteed dates, you will receive 3 months additional premium access. For example, when you purchase a 12 months package, you are eligible for 4 dates. After 12 months, if you have went out on 2 dates, you will receive additional 6 months premium access; 1 date for +3 months, 2 dates for +6 months.

Disputes between you and the Company regarding the Service may be reported to support@lunchclick.co and your report will be directed to our customer service officers’ inbox and they will then respond to you via email within 7 working days.

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