TERMS OF USE

This page sets out the terms for the use of the Application under the brand name of “Chitooo” offered by Amage and the Services we offer. This is a legal document which is the agreement between you, the Customer (whom we refer to as “you”, “your” or the “Customer” in this document) and us. You are agreeing to the terms of use that appear below, all of which are called the “Agreement.” We are AMAGE and we are the operator of this Application and provider of a range of services related to the Application. AMAGE is operating in Nepal with our office at Lalitpur, Nepal. We refer to ourselves as “AMAGE”, “we”, “us” or “our” in this document.

1. SOME BASICS YOU SHOULD KNOW ABOUT THESE TERMS OF USE

 

 

1.1 What we do: We provide a platform (including this mobile applications, website etc.) where we, our local affiliates and other     sellers (collectively, “Sellers”) can list offers for Vouchers, deals, goods, getaways and other products (collectively, “Items”). As a platform provider, we help facilitate transactions for Items on our platform. We are never a buyer and usually not the Seller; we provide a venue for Sellers and you to negotiate and complete transactions. This means that in addition to this Agreement, you will have other contractual relationships with different legal entities when you interact with the Application.

1.2 What are all of the legal relationships: Whatever Item you purchase via the Application will be subject to the terms and conditions of that Seller. Since AMAGE is not usually a Seller, this means that your contract of sale will most likely be with a different legal entity. The Seller is responsible for the sale and for dealing with any claims or any other issue arising out of or in connection with the contract between you and the Seller. Please understand that we are never the Seller’s or Merchant’s agent.

1.3 What we also do: We may provide a forum to submit or post User Content. In order to post the User Content, we request you to access our application using your Facebook account. Take a look at our data collection and processing practices in our Privacy Policy for details.

1.4 Scope of Use: The Application and our Services are for your non-commercial, personal use only and not for business purposes, except as separately permitted in writing. You may access the Application only through our registered app, standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Application, via scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Application for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

1.5 Prevention on use: We reserve the right to prevent you from using the Application and the Services (or any part of them).

 

 

2. REGISTERING WITH US AND YOUR ACCOUNT

 

2.1 Why Register: You must Register in order to use this Application. This is so that we can provide you with the platform to generate your contents and provide you with the opportunity to earn the Points required for purchasing the Vouchers. In addition, having you register can provide you with easy and convenient access to your Vouchers. We reserve the right to decline a new Registration or to cancel an Account at any time.

2.2 Registration Method: You must have a Facebook account to Register with us. You can simply log in to our Application with your existing Facebook account.

2.3 Details regarding Facebook Data: Please refer to the Privacy Policy for the details on the type of data we access when you log in to the Application.

2.4 What we do with the Emails: AMAGE may send you administrative and promotional emails. We may also send you information regarding your Account activity and purchases, as well as updates about our Application and Services or other promotional offers. We may also send you information regarding purchases you’ve made. You can opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.)

 

3. USER CONTENT

 

3.1 User Content: The Application may provide Account various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, “User Content”). User Content may be posted to prescribed third party platform, provided that you permit the access between the Application and the third party platform.

3.2 Creator of the User Content: In contributing any User Content, you represent and warrant that you are the creator of the User Content, or if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the User Content, and that you have all rights necessary to grant the licenses and grants set out in this Agreement in respect of that User Content. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have been assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy.

3.3 Restrictions: You will not upload, post or otherwise make available on the Application any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. AMAGE does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.

3.4 Use of User Content: AMAGE has the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove and monitor the User Content. AMAGE further has the sole and absolute right, but not the obligation, to disclose the User Content and the circumstances surrounding their transmission to any third-party, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by AMAGE, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, AMAGE has the right to remove any material from the Site in its sole and absolute discretion. AMAGE assumes no liability for any User Content or other information that appears or is removed from the Application or elsewhere.

3.5 Modifying or removing User Content: In some circumstances and from time to time, it may be possible to modify or remove the User Content you submit or post through your Account. AMAGE makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Application or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.

 

4. STANDARDS AND AMAGE’S LIMITATION OF ITS LIABILITY

 

4.1 AMAGE always tries its best at what it does and promises that (i) we will exercise reasonable care and skill in performing our obligations under this Agreement; (ii) and, we will not contrive the requirement of professional diligence in what we do.

4.2 This section 4 takes precedence over all other sections in this Agreement and sets forth our entire Liability in respect of the performance, non-performance, purported performance or delay in performance of this Agreement or the Services or Site or any purchase (or any part of them); or otherwise in relation to this Agreement or the entering into or performance of this Agreement.

4.3 Our responsibility: Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) serious misconduct by us, excluding serious misconduct not conducted by AMAGE itself; or (iv) any Liability which cannot be excluded or limited by applicable law. You are obliged to take reasonable steps to avert or reduce damages.

4.4 Categories of loss that we are not responsible for: Notwithstanding Clause 4.3, since we only provide the Site and Services for your non-business use, we are never liable for: (i) loss of income or revenue; (ii) loss of actual or anticipated profits;(iii) loss of business; or (iv) indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”)

 

5. YOUR OBLIGATION

 

5.1 Accurate information: You warrant that all information provided on Registration and contained as part of your Account during        the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such                  information by updating the details in your Account.

5.2 Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Services or the                             Application:

5.2.1 to upload, send or receive any material, including User Content, which is not civil or tasteful;

5.2.2 to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive,                 harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent,                         obscene or menacing character, blasphemous or defamatory or of a libellous nature of any person or entity, in contempt                 of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights,                               trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;

5.2.3 to upload, send or receive any material, including User Content, for which you have not obtained all necessary licenses                     and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a                           criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in                   any country in the world;

5.2.4 to upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan                           horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may                           interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any                         software or computer equipment);

5.2.5 to cause annoyance, inconvenience or needless anxiety;

5.2.6 to upload false contents and/or false check-ins;

5.2.7 for a purpose other than which we have designed them or intended them to be used;

5.2.8 for any fraudulent purpose; or

5.2.9 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise                                   calculated to adversely affect any individual, group or entity.

 

6. RULES ABOUT USE OF THE SERVICES AND THE APPLICATION

 

6.1 Errors and omissions: We are not liable for errors or omissions if we have complied with the standards set out in section 4 of this Agreement. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. We reserve the right to change, modify, substitute, suspend or remove without notice any Voucher, Item, Services or information on the Site or forming part of the Services from time to time.

6.2 Viruses and similar stuff: We do not give any warranty that the Services or the Site are free from viruses or anything else which may have a harmful effect on any technology.

6.3 Stopping access: Although we will try to allow uninterrupted access to the Services and the Site, access to the Services and the Site may be suspended, restricted or terminated at any time. Your access to the Site and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We also reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.

6.4 Closing Accounts: We reserve the right to close Accounts if any user is violating our terms of use (i.e., this Agreement), including if he is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Accounts, or if a user pretends to be located in a country different from where he actually resides, or if he disrupts the Site or the Services in any way.

6.5 Multiple Accounts: If you use multiple Accounts, if we do take any action against you, you may have action taken against all of your Accounts.

 

7. SUSPENSION AND TERMINATION

 

7.1 If you use (or anyone other than you, with your permission uses) the Services or Application in contravention of this Agreement, we may suspend your use of the Services and/or Application (in whole or in part).

7.2 If we suspend the Services or Application, we may refuse to restore the Services or Application until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of this Agreement.

7.3 AMAGE shall fully co-operate with any law enforcement authorities or court order requesting or directing AMAGE to disclose the identity or locate anyone in breach of this Agreement.

7.4 Without limitation to anything else in this section 7, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Services and/or Site; ii) suspend your use of the Services and/or Site; iii) suspend the use of the Services and/or Site for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if: (i) you commit any breach of this Agreement; (ii) we suspect, on reasonable grounds, that you have, might or will commit a breach of this Agreement; or (iii) we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

7.5 Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

 

8. DATA PROTECTION

 

8.1 Please see our Privacy Policy which form part of this Agreement.

 

9. GENERAL

 

9.1 No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

9.2 No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

9.3 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign all or any of our rights and or delegate or sub-contract our obligations under this Agreement to any person.

9.4 Events beyond our reasonable control: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.

9.5 No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under this Agreement.

9.6 Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

9.7 No Third party rights: All provisions this Agreement apply equally to and for the benefit of the AMAGE and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that obligations) under or in connection with this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable by any person who is not a party to it. This means that other than as set out in the first sentence above, you and us are the only people who can enforce the terms of this Agreement by AMAGE.

9.8 Survival: In any event, the provisions of sections 1, 3, 4, 7, 9 and 10 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Services or Application again, then the provisions of the terms and conditions that then apply will govern your re-use of the Services or Application. In the event you use Vouchers bought under this Agreement, then those provisions applicable to Vouchers will survive termination of this Agreement.

9.9 Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

9.10 Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of Republic of Nepal

 

10. DEFINITIONS

 

In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:

“Account” means your Chitooo related Account.

“Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with this Agreement (including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement) – and for the purposes of this definition, all references to “Agreement” shall be deemed to include any collateral contract.

“Merchant” means a Seller of Products for which a Voucher can be redeemed. A Merchant is NOT any of the Sellers or AMAGE

“Application” means websites, mobile applications, electronic communications or services, social networking sites, or any individual, business partner-specific, merchant-specific, city-specific, or other area-specific websites under the brand name of Chitooo owned by AMAGE.

“Register” means to create an Account on the Application, and “Registration” means the action of creating an Account.

“Services” means all or any of the services provided by AMAGE via the Application (or via other electronic – or other – communication from AMAGE) including mobile applications, our newsletter, emails we send you and the information services, content and transaction capabilities on the Application (including the ability to make a purchase).

“Voucher” means a voucher which is sold by the Sellers and can be exchanged for Products from a relevant Merchant, subject to terms and conditions listed on the Voucher itself and/or on the deal page of the Application from which the Voucher was purchased.

“Products” means goods and/or services which are described as part of a Voucher (and for which a Voucher can be redeemed).