TERMS OF USE

Last Modified: 6 December 2017

 

By downloading, installing, and / or using the ALACARTE application (the "Application"), you agree that you have read, understood and accepted the Terms of Use ("Terms of Use"). These Terms of Use constitute a legal agreement between you and PT MEDIA DIGITAL ALACARTE and it shall be applied to your visit to and use of our website at www.clubalacarte.com ("Website"), and the Application (as defined below).

Please cancel your account (if you have signed up for the Application) and permanently delete the Application from your device if you do not agree or decline to enter into our Terms of Use.

PLEASE REVIEW OUR TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING OUR APPLICATION OR USING OUR SERVICE FOR THE FIRST TIME.

 
1. General Matters 

  • PT MEDIA DIGITAL ALACARTE is a company established under the laws of the Republic of Indonesia (“CLUB ALACARTE”, "ALACARTE", “Company”,"we", "us", or "our").

  • The Application is a software that serves dining and lifestyle privileges in for the form of buy 1 get 1 complimentary offers provided by third parties (restaurant and lifestyle merchants) ("Service Provider(s)" or "Merchant(s)"). The Application offers information on privilegesoffered by Service Providers. 

  • Each of the Service Provider has agreed with us on the terms of the redemption of the dining and/or lifestyle privileges based on the Rules of Use.

  • FOR THE AVOIDANCE OF DOUBT, WE ARE A TECHNOLOGY COMPANY, NOT A RESTAURANT OR LIFESTYLE PROVIDER AND WE DO NOT PROVIDE DINING OR ANY LIFESTYLE SERVICE OFFERINGS. We do not provide for service providers. The Application is simply a means to ease the search and redeem dining and lifestyle privileges. It is up to the Service Providers to offer services to you.

 
2. Summary Rule of Uses 

  • Dining and/or lifestyle privileges can only be redeemable at the specified Service Provider and its location or venue on the Application;

  • Redemption of dining and/or lifestyle privileges applies only to the specified item(s) as listed on our Application. In case of any questions, you may ask the specified Service Provider or CLUB ALACARTE. Please take note of any item exclusion listed;

  • Annual dining and/or lifestyle privileges are valid from 2 January through 31 December of the year as indicated in the Application; from time to time, there will be monthly dining and/or lifestyle privileges on the Application and for such offers, the validity date will be listed on the Application

  • Redemption of dining and/or lifestyle privileges is valid 7 days a week, including Saturday and Sundays, at any time during the Service Provider's trading hours with the exception of: (i) national public holidays, as determined by the Government of the Republic of Indonesia, and (ii) night before national public holidays after 6:00 pm;

  • Dining and/or lifestyle privileges can only redeemed for dine-in only visits. For the avoidance of doubt, redemption of dining and/or lifestyle privileges does not apply for take-out or delivery;

  • The least expensive (or equal value) item(s) within each Offer will be free and deducted from the total bill. Please refer to the FULL RULES of USE for a specific illustative example. 

  • Redemption of dining and/or lifestyle privileges is subject to the following per person requirements:

    • One redemption can be used for every 2 persons; and

    • Up to 3 privileges can be redeemed at one time for a group of 6 people or more;

  • All dining and/or lifestyle privileges are not valid in conjunction with any other discount offers, promotions, special menu items, loyalty/rewards program, or special events organized by the venue;

  • All dining and/or lifestyle privileges are not redeemable for cash and cannot be resold or bartered;

  • The Application should be always be presented to each Service Provider prior to requesting the bill; and

  • If the Service Provider refuses to honor the redemption of the privilege or in the case of a dispute, you must first settle the outstanding bill or receipt with the Service Provider as per local law. You should subsequently contact CLUB ALACARTE at support@clubalacarte.com with a clear copy of the original receipt and details of the name of the restaurant, the name of the restaurant manager and/or staff, for resolution

The above is are the summary rules of use and you should read, accept and rely on the FULL RULES OF USE.

 
3. Terms for Using the Application

  • We collect and process your personal information, such as your name, e-mail address, birthday and/or mobile phone number when you sign up. You must provide accurate and complete information. You may change any of these details directly in the Application or by sending your request to us. We will, to the best of our abilities, affect the change within fifteen (15) business days of receipt of the notice of change.

  • You can only use the Application once you have signed up. Upon successfully signing up, the Application will allow you create a unique PIN for the redemption of any dining and/or lifestyle privileges. 

  • Only you may use your own account. You may not assign or otherwise transfer your account to any other parties. You must keep your account password and PINs and any identification we provide to you securely and confidentially

  • You undertake that you will use the Application only for its purpose. You may not abuse or use the Application for fraudulent purposes or to cause any inconvenience to others including the Service Providers.

  • You may not harm, tweak or modify the Application and / or Website or attempt to harm, tweak or modify it in any way whatsoever. Unauthorized reproduction, resale or modification of any part of the Application and or Website including any of the dining and/or lifestyle privileges is strictly prohibited. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Application to your device.You undertake that you use the access points you are authorized to use.

  • You will keep confidential and will not abuse the information you receive from using the Application. You will treat the Service Providers with respect and respect the behavior or activities whilst using their services.

  • You understand and agree that the Application will also be subject to our Privacy Policy as may be from time to time. By using the Application, you also give your consent as required under our Privacy Policy.

  • Service Providers has the right to decline your redemptions of dining and/or lifestyle privileges in the event that you are in violation of the Rules of Use.

  • You also understand that the dining and/or lifestyle privileges cannot be exchanged for cash and may expire on a certain date, even before you use them.

  • We reserve the right to change, modify, substitute, suspend or remove without notice any of the Service Providers and/or its dining and/or lifestyle privileges provided.

  • You agree to defend, indemnify and hold us harmless and not liable for any goods and/or services provided by the Service Providers.

  • We do not guarantee the availability of the redeemable dining and/or lifestyle privilege ordered at the Service Provider.

  • You acknowledge and understand that the menu and/or menu prices are provided by the Service Providers may not be the latest or most updated. The menu and/menu prices are subject to the discretion of the Service Providers. Furthermore, you acknowledge and understand that the Estimated Savings provided in the Application are just estimates and are not a true and accurate reflection of how much a Customer has saved through the redemption of the dining and/or lifestyle privileges.

  • You agree and acknowledge that you will pay in full for product/services provided to the Service Providers directly to them.

  • We or the Service Provider does not guarantee the availability of food or goods in the restaurants or stores.

  • The Service Providers will only allow for consumption of alcohols for customers above 21 years old. You agree to show your ID to be checked by the Service Provider if required.

  • You understand and acknowledge that by redeeming an alcoholic beverage on the Application, you verify that you are above the legal age to consume alcohol.

  • Please inform us if any control of your account has been compromised. For example, your account is somehow hacked or your phone is stolen, so that we can suspend or amend your account accordingly. Please note that you are responsible for the use of your account and may be held liable even if it is abused by another person.

 
4. Payment and Terms of Sale

  • The download and / or use of the Application is free of charge. However, we may charge subscription fees for users to redeem any dining and lifestyle privileges fromour Service Providers.

  • The Internet connection required to use our Application, and any associated charges (e.g. mobile data expenses) incurred by your use of the Application are solely at your expense.

  • The subscription fee to join our club of dining and lifestyle privileges can be foundon the Website and through the Application. We may modify or update our subscription fees from time to time.

  • There will not be any refunds associated with any subscription fees unless a justifiable and appropriate case is made to the Company. We have the sole discretion to determine any refunds.

  • We may also refuse to process, or may cancel a purchase or subscription, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misuse, misrepresentation, fraud or known or potential violations of the law or these Terms of Use.

  • You acknowledge and understand that we only offer the ability to pay through credit card, internet banking or ATM at selected banks. We reserve the right to change our payment methods or channels at our partnership with selected banks at any time without having to consult the Customer. You acknowledge and understand that all related banking and transaction fees associated with paying for the subscription fee are the responsibility of the Customer. 

 
5. Warranties

We make no representation, warranty, guarantee, availability, accuracy or completeness of our services, Website and / or Application software, including but not limited to the services by Service Providers through the use of the Application. 

We do not represent or warrant on the following: 

  • the Application or our service will be secured, timely, uninterrupted or error-free or operate in any other hardware, software, system or data;

  • our Services will meet your requirements or expectations;

  • the quality of any products, services, information, or other materials provided by the Service Providers.

  • the Application will be free of errors, viruses or defects or other harmful components;

  • the Application or the server(s) that make the Application is always fully operational. You may experience significant downturns and therefore losses in connectivity during which the Application may not be available. You acknowledge and agree this risk arising out of your use of the Application. You will have no recourse whatsoever to the Company. Any compensation as a result of server malfunction will be decided at our sole discretion.

 
6. Our Liabilities

  •  We are not liable for any injury, death, damage or loss caused by the conduct of the Service Providers. We are not liable for any wrongdoings, including any criminal actions conducted by the Service Providers during the performance of the Services. The Service Providers are only our working partners, not our employees, agents or representatives.

  • We will not be liable for any losses as a result of our Service Providers not honoring their obligations to provide the dining and lifestyle privileges. We will assist the Customer in resolving any such issues with the Service Provider(s). If any of Service Providers are not honoring their obligations to provide the dining and lifestyle privileges in accordance with the Rules of Use, please provide a copy of the receipt and send to us directly at support@clubalacarte.comwith the name of the restaurant, name of the restaurant manager and/or staff. We will work with the Service Provider to rectify the situation.  Any compensation will be decided at our sole discretion.

  • We will also not be liable for any acts of God, fire casualties, illness, injury or other events beyond our control preventingyou from redeeming any of the dining and/or lifestyle privileges;

  • We employ appropriate and reasonable technical and security measures to keep the Application secure and virus free. However, no security system is impenetrable. We may not guarantee that we will not be intercepted resulting to potential delays, failures, damages, or losses associated with such an incident.

 
7. Limitation of Liability 

  • Any claims against us will in any event be limited to the same amount of services as the claims. In any event or any kind of personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage, the Company and / or its licensors will not be liable for any loss, damage or injury which may be incurred by out of, or in any way connected with the Service provided by the Service Provider and / or Application, including but not limited to the use of or inability to use the Service and / or Application.

  • You expressly waive and release CLUB ALACARTE from any and all liability, claims or damages arising from or in any way related to the Service Providers. The Company will not be a party to disputes, the negotiations of disputes between you and the Service Providers. 

  • The quality of the service is provided by the Service Provider who ultimately provides the service to you. You understand, therefore, that you may be exposed to potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionableproduct/services and that you use the product/service at your own risk.

 
8. Indemnification

By using the Application, youagree that youwill defend, indemnify and hold us, our licensors, affiliates, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with the services provided by the Service Providers and your use or misuse of the Application.This defect and indemnification obligation will survive these Terms of Use and your use of the Website and/or Application.

 
9. License

  • You may only download and install a copy of the Application on a single mobile device Application solely for your own personal and non-commercial use.

  • You may not: (i) copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast, decompile, or disassemble any portion of or otherwise exploit the Application, except as expressly permitted under these Terms of Use; (ii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party way; (iii) create internet "links" to the Application or "frame" or "mirror" any software on any other server or wireless or internet-based device; (iv) reverse engineer or access our software in order to either (a) build a competitive product or service, and/or (b) build a product using similar ideas, features; (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, graphics of the Application, web ants, web indexers, bots, viruses or worms, or any program which may make multiple servers requests per second, or unduly burdens or hinders the operation and / or performance of the Application; (vi) 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 Application or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks; or (viii) remove any copyright, trademark or other proprietary rights notices contained in the Application. 

  • You will: (i) not send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) not send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials; harmful to children or violation of third party privacy rights; (iii) not send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) not interfere with or disrupt the integrity or performance of the Application or the data contained therein; (v) not attempt to gain unauthorized access to the Application or its related systems or networks; (vi) not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

  • We will have the right to investigate and prosecute any violations of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that you have the right to do so or not. We will have the right to investigate and prosecute any violations above as long as the law allows. We may engage and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.

 
10. Intellectual Property Matters

  • ALACARTE or CLUB ALACARTE, including its name and logo, the Application and its service, is protected by copyright, the trademark and other rights provided under the laws of the Republic of Indonesia. We (and our licensors, if applicable) exclusively own all rights, title and interest in and to the Application, including all associated intellectual property rights. 

  • Without derogating from our rights under any applicable law or these Terms and Conditions of Use, if you circumvent any of the means of protecting our Application from unauthorized use, you must immediately cease any and all use of your own service, and you undertake to do so.

 

 11. Termination 

  • You are under no obligation to use the Application and may simply remove it from your device and thus disabling your use of the Application. This Terms of Use is automatically terminated when you permanently delete the Application from the device.

  • You may terminate your account by informing us of your intention to cancel your account. Upon termination of your account, you acknowledge and agree that the Company will not refund any previous paid subscription fees.

  • Termination will not limit any of the Company's rights or remedies.

 

 12. Miscellaneous 

  • Our waiver or forbearance or failure to claim a breach of any provision of these Terms of Use or the applicable law, may not be deemed to constitute a waiver with respect to any subsequent breach of any Provision hereof.

  • These Terms of Use are drawn up in both English and Indonesian languages, both of which will be binding on you and us. In the event of any inconsistency between the Indonesian language and the Indonesian version, the Indonesian language will prevail.

  • You may not authorize any approval. Any approval is at our sole and absolute discretion.

  • If any term under these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any enactment or rule of law, that specific term or part of it will, to that extent, shall be deemed not to form part the Terms of Use,and the rest of the Terms of Use shall not be affected.

  • These Terms of Use are governed by the Republic of Indonesia. Any and all disputes arising from the exclusive jurisdiction of the North Jakarta District Court.

  • These Terms of Use may be modified, varied and changed from time to time. We will notify you through the modification, variations and / or changes to the Terms of Use.