Last Modified: 5 September 2018
1. General Matters
- PT MEDIA DIGITAL ALACARTE is a company established under the laws of the Republic of Indonesia ("Club Alacarte", "Company", "we", "us", or "our").
- The Application is a software that serves dining and lifestyle offers in for the form of 'Buy-1-Get-1', '% Off' or "IDR Off' provided by third parties (restaurant and lifestyle merchants) ("Service Provider(s)" or "Merchant(s)"). The Application offers information on offers provided by Service Providers.
- Each of the Service Provider has agreed with us on the terms of the redemption of the dining, lifestyle and/or retail offers based on the Rules of Use.
- FOR THE AVOIDANCE OF DOUBT, WE ARE A TECHNOLOGY COMPANY, NOT A RESTAURANT, LIFESTYLE OR RETAIL PROVIDER AND WE DO NOT PROVIDE ANY DINING, LIFESTYLE, AND/OR RETAIL OFFERINGS. We do not provide for Service Providers or Merchants. The Application is simply a means to ease the search and redeem dining, lifestyle and/or retail offers. It is up to the Service Providers or Merchants to offer services to you.
2. Rules of Use
The below is a summary rules of use and you must read, accept and rely on the FULL RULES OF USE.
- Dining, lifestyle and/or retail offers can only be redeemable at the specified Service Provider and its location or venue on the Application;
- Redemption of dining, lifestyle and/or retail offers 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, lifestyle and/or retail offers 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, lifestyle and/or retail offers on the Application and for such offers, the validity date will be listed on the Application
- Redemption of dining, lifestyle and/or retail offers is valid 7 days a week, at any time during the Service Provider's operating 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;
- Club Alacarte provides for the following three (3) types of discount offers across its dining, lifestyle and/or retail categories:
- 'Buy-1-Get-1' Offers: Buy an item, get another of equal or lesser value free
- '% Off' Offers: Receive 50% discount on your purchases
- 'IDR Off' (or 'Minimum Spend and Save') Offers: Spend a minimum IDR on purchases and get IDR off from total bill
- Minimum Person(s) Requirement:
- 'Buy-1-Get-1' Offers: One (1) 'Buy-1-Get-1' Offer can be used by every two (2) persons, up to a maximum of three (3) 'Buy-1-Get-1' Offers per visit, booking or table, for a group of six (6) or more persons.
- '% Off' Offers: One (1) '% Off' Offer can be redeemed for every one (1) person per visit.
- 'IDR Off' Offers: One (1) 'IDR Off' Offer can be redeemed per visit to the retail outlet.
- All dining, lifestyle and/or retail offers will apply only on the normal rates / prices and cannot be used in conjunction with any other discount offer(s), promotion, loyalty reward program or special events organixed by the issuing Service Provider or Merchant. Furthermore, all dining, lifestyle and/or retail offers do not apply to tax and service charges.
- All dining, lifestyle and/or retail offers are not redeemable for cash and cannot be resold or bartered.
- The Application should be always be presented to each Service Provider or Merchant prior to requesting the bill; and
- If the Service Provider or Merchant refuses to honor the redemption of the offer or in the case of a dispute, you must first settle the outstanding bill or receipt with the Service Provider or Merchant as per local law. You should subsequently contact Club Alacarte at firstname.lastname@example.org with a clear copy of the original receipt and details of the name of the Service Provider or Merchant, the name of the manager and/or staff, for resolution.
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, lifestyle and/or retail offers.
- 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 or Merchants.
- 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, lifestyle and/or retail offers 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 and/or Merchants with respect and respect the behavior or activities whilst using their services.
- Service Providers or Merchants has the right to decline your redemptions of dining, lifestyle and/or retail offers in the event that you are in violation of the Rules of Use as stated above.
- You also understand that the dining and/or lifestyle offers 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 or Merchants and/or its dining, lifestyle and/or retail offers provided and cannot be held responsible for such actions if and when they occur.
- You agree to defend, indemnify and hold us harmless and not liable for any goods and/or services provided by the Service Providers or Merchants.
- We do not guarantee the availability of the redeemable dining, lifestyle and/or retail offers ordered at the Service Provider or Merchant.
- You acknowledge and understand that the menu prices are provided by the Service Providers may not be the latest or most updated. The 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 offers.
- You agree and acknowledge that you will pay in full for products and/or services provided to the Service Providers or Merchants directly to them.
- We or the Service Provider or Merchant does not guarantee the availability of goods or services in the restaurants or stores.
- The Service Providers or Merchants 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 or Merchant 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, lifestyle and/or retail offers from our Service Providers or Merchants.
- 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, lifestyle and/or retail offers can be found on 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.
- 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.
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 or Merchants.
- 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 or Merchants during the performance of the Services. The Service Providers and/or Merchants 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 or Merchants not honoring their obligations to provide the dining, lifestyle and/or retail offers. We will assist the Customer in resolving any such issues with the Service Provider(s) or Merchant(s). If any of Service Providers or Merchants are not honoring their obligations to provide the dining, lifestyle and/or retail offers in accordance with the Rules of Use above, please provide a copy of the receipt and send to us directly at email@example.com with the name of the Service Provider or Merchant, name of the manager and/or staff. We will work with the Service Provider or Merchant 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 preventing you from redeeming any of the dining, lifestyle and/or retail offers.
- 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 or Merchant 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 or Merchants. The Company will not be a party to disputes, the negotiations of disputes between you and the Service Providers or Merchants.
- The quality of the service is provided by the Service Provider or Merchant 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 objectionable product and/or services and that you use the product and/or services at your own risk.
- You may only download and install a copy of the Application on a single mobile device Application solely for your own personal, non-commercial use.
- You will: (i) not send spam or otherwise duplicate or send 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;
10. Intellectual Property Matters
- 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.
- 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.
- You may not authorize any approval. Any approval is at our sole and absolute discretion.