As provided in greater detail in these Terms, you agree and acknowledge that the Terms include the following material terms:
The Website is owned and operated by BiteUnite, and is currently hosted in the Hong Kong Special Administrative Region (“Hong Kong”). BiteUnite reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Website and/or the BiteUnite Service (or any part thereof) with or without notice. You agree that BiteUnite shall not be liable to you or to any third party for any modification, suspension or discontinuance of the BiteUnite Service.
Please note that BiteUnite may modify these Terms from time to time, and any change to these Terms will be reflected on the Website (with revisions being indicated by date), and you agree to be bound to any changes to these Terms when you use the Website or the BiteUnite Service. Modifications to these Terms shall be effective 30 days after being posted but shall not apply retroactively. Occasionally there may be information on the Website or within the BiteUnite Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and BiteUnite reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
By using this Website, you represent that you are 18 years old or above. In case you are under 18 years old, you must obtain the permission directly and are supervised by your parent or legal guardian prior to the use or during the use of the Website or BiteUnite Service.
You are the only authorized user of your account and are solely responsible for (i) maintaining the confidentiality of any password for accessing your account on the Website; and (ii) solely and fully responsible for all activities that occur under your password or account.
BiteUnite has no control over the use of any user's account and expressly disclaims any liability derived therefrom. Should you suspect that your account or password is subject to any unauthorized use by any third party, you shall contact BiteUnite immediately.
BiteUnite Service and this Website are a third party marketplace functioning as an online platform for the participating chefs to present their food and beverages, and for customers to view, discuss, and place orders for food and beverages, and pick- up and/or delivery services in connection therewith.
BiteUnite provides order placement services only. BiteUnite is not a merchant of food or beverages, or provider of any pickup or delivery services in connection therewith, and does not control the chefs or the production of any food or beverages, or any pick-up or delivery services therewith.
BiteUnite has entered into agreements with the chefs to comply with all applicable laws, rules, regulations and standards in connection to but without limitation to the food preparation, standard of hygiene, and maintenance of applicable licenses. BiteUnite does not in any way independently verify the credentials or representations of any of the chefs, the ingredients or the quality of any their products or services, or any chefs’ compliance with applicable laws and license maintenance.
Customers shall directly contact and contract with the individual chef in connection to the quality, quantity, and other requirements of the food and beverage including but not limited to the source of food, nature of food (eg: organic or non-organic), and/or your specific requests in connection to allergic standard (eg: nut-free, gluten-free, lactose-free and so on). In no event shall BiteUnite be responsible or liable for any request, disputes or injuries or any other matter in association with the food and beverages requested or ordered by the Customers. In no event shall BiteUnite be required to investigate or verify any food or beverages provided by the chefs to Customers.
Despite the aforesaid, we do welcome you to notify us of your complaints or concerns that you might have with the chefs.
When you place an order through the website or the BiteUnite Service, you will be given a choice of payment options including PayPal®. You will be billed through BiteUnite for what you have ordered through the BiteUnite Service. However, BiteUnite is not and shall not in any way or manner be considered or construed as the seller of your purchase.
If you have any problems with your order, please contact us by email: email@example.com and we would try our best endeavor to assist you. After the investigation, we may refund the moneys that you have paid.
Any users through our Website can upload their information including but without limitation to location data, pictures or posts on the Website, which may be accessible to certain users of BiteUnite. BiteUnite cannot verify or guarantee the accuracy of the information on the Website, and does not control the information provided by the users that is made available through the Website. Therefore, BiteUnite cannot and does not confirm each user's purported identity. While accessing to the user’s information, please use your own knowledge and common sense while using any information of the Website. BiteUnite encourages you to communicate directly with each potential user or cook prior to engaging service of the individual chef, trading of food, etc.
Email communications sent from BiteUnite are designed to make your BiteUnite experience more efficient. By becoming a user of the BiteUnite and by using the BiteUnite’s Website and/or Service, you specifically agree to accept and consent to receiving email communications sent from BiteUnite, which include but without limitation to notification emails of your orders, emails informing you about potential meals and delicious dishes available and other kinds of promotions, and emails informing you of new and existing features. BiteUnite reserves the right to cancel the notification service at any time. To use our Service and/or Website, it is essential for us to communicate with you by emails, otherwise we may not be able to provide you with our Service and offering you to use our Website.
BiteUnite also provides mobile text message service to every user, and when you sign up as a user of the Website or the Service, and by “ticking” the box agreeing to receive our mobile text message, you expressly agree to receive the text messages from BiteUnite, communicate with us by using text messages and be bound by our terms governing the mobile text message service.
We will send you message regarding the event you have created on the Website or requested a reservation to attend (the “Text Service”):
You may opt out of the Text Service at any time by sending us a mobile text message at +852 23663231. BiteUnite will then confirm you via the Text Service that you will no longer receive any message from BiteUnite regarding that event you plan to host or plan to attend. If you need our assistance or have any question about the Text Service, you can call us at +852 23663231 or send us message at +852 23663231.
BiteUnite does not charge any fee for Text Service, but your mobile carrier may, so it is your responsibility to check with your mobile phone carrier whether or not any fee will be charged for Text Service. You can always opt out the Text Service at any time by sending us message at +852 23663231.
Please note that we cannot guarantee the delivery of the Text Service every time as we do not have control over how the message is to be delivered by your carrier. We will not be responsible for any delay or failure of transmission of any text message under the Text Service.
As part of the functionality of the BiteUnite’s Website and Service, you may be able to login through online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: providing your Third Party Account login information through the BiteUnite Website, or allowing BiteUnite to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to BiteUnite and/or grant BiteUnite access to your Third Party Account (including but without limitation to the purpose of use as described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating BiteUnite to pay any fees or making BiteUnite subject to any usage limitations imposed by such third party service providers. By granting BiteUnite access to any Third Party Accounts, you understand that BiteUnite may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “TPA Content”) so that it is available on and through the BiteUnite Website via your account, including without limitation any friend, contacts or following/followed lists, and BiteUnite may submit and receive additional information to your Third Party Account as indicated herein. Unless otherwise specified in herein, all TPA Content, if any, shall be considered to be Your Information and your content. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through the BiteUnite Website. Please note that if a Third Party Account becomes unavailable or the BiteUnite’s access to such Third Party Account is terminated by the third party service provider, then TPA Content may no longer be available on and through the Website.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. BiteUnite will not be able to provide any warranty or effort to review or comment any TPA Content for any purpose which shall include but without limitation to accuracy, legality or non-infringement, and BiteUnite is not responsible for any TPA Content in any circumstance.
The Website and the BiteUnite Services may contain, or you may be sent through the Website or the BiteUnite Service to, links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from TPA Content. BiteUnite is not and will not be responsible for accuracy, appropriateness, or completeness of the TPA Content, and BiteUnite (including the Website and the BiteUnite Services) are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by BiteUnite. If you decide to access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you agree that BiteUnite (including the Website and the BiteUnite Services) shall have no responsibility in connection to the Third Party Content.
By participating in such Promotion, you expressly agree to be subject to the Promotion Rule, and any violation to the Promotion Rule may render the cancellation of any discount or promotion offered to you.
The “Referring a friend” feature will automatically generate email on your behalf once you have indicated on the Website of your intent to refer a friend. By sending a Referral, you are directing BiteUnite to send en email on your behalf from the email address that you have provided during the registration. Users cannot send any unsolicited email to any person that they do not know in order to generate a Referral.
By using the Website and/or the BiteUnite Services, you represent, warrant, and undertake that:
The Website not only offers you a platform to order food and beverage from individual chef but also allows you to interact with other customers. You are allowed to share your reviews, comments, photos and other type of works in which you own the propriety rights (“Your Sharing”).
When you post or upload Your Sharing, you represent, warrant and undertake that:
By uploading or posting Your Sharing, you automatically grant, and you represent and warrant that you have the right to grant, to BiteUnite an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly perform, publicly display, modify, reformat, translate, excerpt (in whole or in part), create derivative works of and distribute Your Sharing for any purpose, commercial, advertising, or otherwise, on or in connection with the Website, the BiteUnite Services or the promotion thereof, to prepare derivative works of, or incorporate into other works, Your Sharing, and to grant and authorize sublicenses of the foregoing.
BiteUnite has the right, in its sole and absolute discretion and without notice to you or your prior consent, to (i) edit, redact or otherwise change any part of Your Sharing, (ii) re-categorize any of Your Sharing to place them in more appropriate locations, or (iii) pre-screen or delete any of Your Sharing that are determined to be inappropriate or otherwise in violation of these Terms or any applicable laws.
BiteUnite’s representatives or employees may attend any event organized by the chef for dining experiences. If our employees or representatives enjoy such experiences, we may display “Verified Chef” on the chef’s profile pages. However, our experience may be different from yours. In no event shall our sharing be treated as any kinds of representation or be relied upon by you that the chef is verified by us to provide service up to the standard or fit for your purpose or expectation. We also make no warranty, assurance, confirmation, covenant or representation in respect of the quality or experience of the event, safety and qualify of the food or dishes or ingredients that the chef provides us at the event. We also make no warranty, representation and covenant that the event hosted or offered by the chef has complied with all applicable laws, regulations, guidelines including but not limited to the requirement of license to operate etc.
The Website and the BiteUnite Services are for your own personal use only, unless as otherwise approved by BiteUnite in advance. You shall not access or use the Website for any other purpose other than the legitimate review, request for food and beverage products, and pick-up and delivery services in connection therewith, provided by the chefs.
You warrant and undertake that you will not use the Website for any of the following acts:
As between you and BiteUnite, all of the content included in and as a part of the Website and the BiteUnite Services (including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, the “BiteUnite Content”), including all trademarks, service marks, and logos contained therein (“Marks”), is the property of or is licensed to BiteUnite, and are subject to copyright and other intellectual property rights. BiteUnite reserves all rights in and to the Website, the BiteUnite Services, and the BiteUnite Content and Marks. Subject to your agreement to compliance with, and except as otherwise prohibited by or otherwise as prohibited by BiteUnite, these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensed license to access and make personal and non-commercial use of the Website and the BiteUnite Services; the license granted hereby does not include any resale or commercial use of the Website, the BiteUnite Services, or the BiteUnite Content. If you download or print a copy of the BiteUnite Content for personal use in accordance with the limited license granted herein, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any BiteUnite Content or enforce limitations on use of the Website or the BiteUnite Content therein.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the BiteUnite, the Website or the Service provided by you to BiteUnite are non-confidential and shall become the sole property of BiteUnite. BiteUnite shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination. BiteUnite shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination.
No agency, partnership, joint venture, employee and employer or franchisor and franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices to BiteUnite shall be sent by email, and any notices to you shall be provided to you through the Website or the email address that you provide to BiteUnite.
For notices to BiteUnite, a notice shall be deemed given 3 days after the date that the notice was sent. For notices by BiteUnite to users, a notice shall be deemed given 24 hours after an email is sent, unless BiteUnite is notified that the email address is invalid.
Alternatively, BiteUnite may give you notice by other means such as registered post or ordinary post to the mailing address that you provide to BiteUnite during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. To resolve a complaint regarding the Website, you should first contact our customer service by reaching us at firstname.lastname@example.org or +852 23663231.
In the event that you have a dispute with one or more users, you agree to release BiteUnite, its agent, officer, director, subsidiaries, employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other users or to your use of the Website or the Service.
These Terms shall remain in full force and effect while you use the Website or the BiteUnite Service. You may terminate your use or participation at any time, for any reason, by either ceasing to use the Website and the BiteUnite Services.
Without limiting any other provision of these terms, BiteUnite reserves the right to, in BiteUnite’s sole discretion and without notice or liability, deny access to and use of the Website and the BiteUnite Services, to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these terms, or of any applicable law or regulation, and BiteUnite may terminate your use or participation in the Website and the BiteUnite Services, delete your profile and any content or information that you have posted at any time, without warning, in BiteUnite’s sole and absolute discretion.
Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes.
In addition, your use of the BiteUnite Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the BiteUnite Service or certain features of the BiteUnite Service that we may post on or link to on the BiteUnite Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the BiteUnite Service. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
If there is a dispute between users of the Website, or between users and any third party (including any chef), you understand and agree that BiteUnite (including the Website and the Service) is under no obligation to become involved or provide assistance to resolve the disputes. In the event that you have any such dispute between users and any third party (including any chef), you hereby release BiteUnite (including the Website and the BiteUnite Service), its directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of whatsoever kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
As BiteUnite only operates as an online platform that enables the cooking enthusiasts and foodies to connect with each other. BiteUnite is not involved any business directly or indirectly related to preparation of food, cooking of food, trading of food or any sort similar thereto.
As a result, BiteUnite cannot control the nature of all of the content available on the Website or through the BiteUnite Service, or the products and Service being sold by the chefs therein including but not limited to the safety of food, quality of food and chefs, and whether or not the catering services are fit for your purpose. By operating the Website and providing the BiteUnite Service, BiteUnite does not represent or imply that BiteUnite endorses any chef or any other content or products available on or linked to by the Website or through the BiteUnite Service, or that BiteUnite believes any products or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products or content you may encounter on or download from the Website or through the BiteUnite Service or in connection with any chefs or third party. We also make no guarantee as to whether or not the services requested by you will be satisfactorily completed by the chefs.
BiteUnite will use its reasonable commercial effect to maintain the stability of the online platform. However, BiteUnite may have to temporarily shut down the online platform for the maintenance purpose.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND BITEUNITE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BITEUNITE, ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND BITEUNITE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BITEUNITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND BITEUNITE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THROUGH THE BITEUNITE SERVICE. BITEUNITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BITEUNITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
To the fullest extent permitted by law, in no event shall BiteUnite or its directors, officers, employees, service providers, affiliates, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the website or BiteUnite Service, even if BiteUnite has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, BiteUnite’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid or not more than the aggregate amount of $HK500 per each transaction, if any, by you to BiteUnite for order placed by you through the BiteUnite Service during the period of 1 month prior to any cause of action initially arising.
You agree to defend, indemnify and hold BiteUnite, its subsidiaries, and affiliates, and their respective directors, officers, employees, service providers, and agents (collectively, the “BiteUnite Indemnitees”) harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any party due to or arising out of your Contributions, your use of the Website, or your use of BiteUnite Service, including, without limitation use in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations, warranties, or covenants set forth in these Terms. Notwithstanding the foregoing, BiteUnite reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify a BiteUnite Indemnitee, and you agree to cooperate, at your expense, with BiteUnite’s defense of such claims. BiteUnite will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
These Terms are governed by the laws of the Hong Kong Special Administrative Region (“Hong Kong”) without regard to conflict of law principles. You irrevocably agree to submit to the exclusive jurisdiction of the court of Hong Kong for any disputes arising out of this Term of Use.
These Terms constitutes the entire agreement between you and BiteUnite regarding the Website and the BiteUnite Service. The failure of BiteUnite to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operates to the fullest extent permissible by law. These Terms and your account may not be assigned by you without our express written consent. BiteUnite may assign any or all of its rights and obligations to others at any time. BiteUnite shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond BiteUnite’s reasonable control. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
In order to resolve a complaint regarding the Website or the BiteUnite Service, or to receive further information regarding the BiteUnite Service, please contact BiteUnite as set forth below:
G/F, 15 Lung On Street, Wanchai, Hong Kong