Terms and Conditions

Terms of Service Restaurant

These General Terms of Service (“General Terms”) are a legal agreement between you (“you,” “your”) and Munchh Technologies Sdn Bhd. (”Munchh,” “we,” “our” or “us”) and govern your use of Munchh’s services, including mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”). If you are using the Services on behalf of a business, that business accepts these terms. By using any of the Services you agree to these General Terms and any policies referenced within (“Policies”), including terms that limit our liability (see Section 18) and require individual arbitration for any potential legal dispute (see Section 21). You also agree to any additional terms specific to Services you use (“Additional Terms”), such as those listed below, which become part of your agreement with us. You should read all of our terms carefully.

Customer Relationship Management Terms: These terms apply when you subscribed to Munchh Partner Panel services.
Marketing and Advertising Terms: These terms apply when you engage in Promotional and Advertising services.

1. Privacy

You agree to Munchh’s Privacy Policy, which explains how we collect, use and protect the personal information you provide to us.

2. Munchh Account Registration

You must open an account with us (a “Munchh Account”) to use the Services. During registration we will ask you for information, including your name and other personal information. You must provide accurate and complete information in response to our questions, and keep that information current. You are fully responsible for all activity that occurs under your Munchh Account, including for any actions taken by persons to whom you have granted access to the Munchh Account. We reserve the right to suspend or terminate the Munchh Account of any user who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

3. Revisions, Disclosures and Notices

We may amend the General Terms, any Additional Terms, or our Policies, at any time with notice that we deem to be reasonable in the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (as defined in Section 20) that arose before the changes will be governed by the General Terms, Additional Terms or Policies in place when the Dispute arose.

You agree to Munchh’s Electronic Version of Terms of Service. We may provide disclosures and notices required by law and other information about your Munchh Account to you electronically, by posting it on our website, pushing notifications through the Services, or by emailing it to the email address listed in your Munchh Account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact Munchh Support. If we are not able to support your request, you may need to terminate your Munchh Account.

4. Restrictions

You may not, nor may you permit any third party, directly or indirectly, to:

export the Services, which may be subject to export restrictions imposed by Malaysia law, including Malaysia Export Administration Regulations.
access or monitor any material or information on any Munchh system using any manual process or robot, spider, scraper, or other automated means;
except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from Munchh;
use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;
transfer any rights granted to you under these General Terms;
use the Services in a way that distracts or prevents you from obeying traffic or safety laws;
use the Services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;
use the Services for any illegal activity or goods or in any way that exposes you, other Munchh users, our partners, or Munchh to harm; or
otherwise use the Services except as expressly allowed under these General Terms and applicable Additional Terms.

If we reasonably suspect that your Munchh Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Munchh Account, and any of your transactions with law enforcement.

5. Compatible Mobile Devices and Third Party Carriers

We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”

6. Your Content

The Services may include functionality for uploading or providing photos, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).

You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media in order to provide and promote the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content via your Munchh Account or by terminating your Munchh Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.

You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Munchh’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Munchh, its affiliates or its customers to harm or liability of any nature.

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.

7. Copyright and Trademark Infringement

We respect the copyright and trademark rights of others and ask you to do the same. We have adopted a Copyright & Trademark Policy regarding claims that third party material infringes the copyrights or trademarks of others. We respond to all valid notices of such copyright and trademark infringement, and our policy is to suspend or terminate the access privileges of those who infringe the copyrights and trademarks of others.

8. Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or Munchh Account or any other breach of security. Notwithstanding Sections 20 and 21, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Munchh Account subject to dispute) will be final and binding on all parties.

9. Communications

You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us. These communications may be generated by automatic telephone dialing systems which will deliver prerecorded messages, including for the purposes of secondary authentication, receipts, reminders and other notifications. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you. You may opt-out of receiving communications by following the unsubscribe options we provide to you. You may also opt-out of text messages from Munchh at any time. You acknowledge that opting out of receiving communications may impact your use of the Services.

10. Paid Services

Munchh may offer Services to be paid for on a recurring basis (“Subscription Services”) or on an as-used basis (“As-Used Basis Services” and, together with the Subscription Services, “Paid Services”). Munchh has the right to change, delete, discontinue or impose conditions on Paid Services or any feature or aspect of a Paid Service. Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your Munchh Account settings or as otherwise agreed in writing (“Subscription Fee”). As-Used Basis Services may subject you to fees charged per usage and/or terms. By using an As-Used Basis Service, you agree to pay the fees and any taxes incurred at the time of usage (“As-Used Basis Fees” and, together with Subscription Fees, the “Paid Service Fees”).

Paid Service Fees may be paid by debit card, credit card and third party payment gateway (PayPal or Braintree). If you link a debit or credit card to your account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. If you paid using third party payment gateway (Paypal or Braintree), you are subject to the third party payment gateway of choosing terms of service. Payment can be paid in cash or cheque terms shall you request for representative of Munchh to collect as debtors.

Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged on the 1st of every month until cancelled. You may cancel a Subscription Service at any time from your Munchh Account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.

11. Termination

We may terminate these General Terms or any Additional Terms, or suspend or terminate your Munchh Account or your access to any Service, at any time for any reason. We will take reasonable steps to notify you of termination by email or at the next time you attempt to access your Munchh Account. You may also terminate the General Terms and Additional Terms applicable to your Munchh Account by deactivating your Munchh Account at any time. You may contact support@munchhnow.com to assist with termination process as well.

12. Effect of Termination

If these General Terms or your Munchh Account is terminated or suspended for any reason: (a) the license and any other rights granted under these General Terms and any Additional Terms will end, (b) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of these General Terms survive and remain in effect in accordance with their terms upon termination: 6 (Your Content), 7 (Copyright and Trademark Infringement), 12 (Effect of Termination), 14 (Ownership), 15 (Indemnity), 16 (Representations and Warranties), 17 (No Warranties), 18 (Limitation of Liability and Damages), 19 (Third Party Products), 20 (Disputes), 21 (Binding Individual Arbitration), 22 (Governing Law), 23 (Limitation on Time to Initiate a Dispute), 24 (Assignment), 25 (Third Party Service and Links to Other Web Sites), and 26 (Other Provisions).

13. Your License

We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the software that is part of the Services, as authorized in these General Terms. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time.

We reserve all rights not expressly granted to you in these General Terms. We own all rights, title, interest, copyright and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These General Terms do not grant you any rights to our trademarks or service marks.

For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

14. Ownership

15. Indemnity

You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these General Terms or any Additional Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the Malaysia or any other country; and (e) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.

16. Representations and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms; (c) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business. (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these General Terms and applicable Additional Terms.

17. No Warranties

THE USE OF “MUNCHH” IN SECTIONS 17 AND 18 MEANS MUNCHH, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).

THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, MUNCHH SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

MUNCHH DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Munchh does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a third party. Munchh does not have control of, or liability for, goods or services that are paid for using the Services.

18. Limitations of Liability and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MUNCHH BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, MUNCHH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL MUNCHH BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR MUNCHH ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MUNCHH IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) MYR $500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MUNCHH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

19. Third Party Products

All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. MUNCHH MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

20. Disputes

“Disputes” are defined as any claim, controversy, or dispute between you and Munchh, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these General Terms, any Additional Terms, or the Services, or any other aspect of our relationship.

21. Binding Individual Arbitration

You and Malaysia agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST MUNCHH. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration so long as their matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in Kuala Lumpur, Malaysia, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. We will pay the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Munchh also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Kuala Lumpur, Malaysia, or federal court for the Federal Territory of Kuala Lumpur.

22. Governing Law

These General Terms and any Dispute will be governed by Malaysia law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within Malaysia, without regard to its choice of law or conflicts of law principles.

23. Limitation on Time to Initiate a Dispute

Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

24. Assignment

These General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

25. Third Party Services and Links to Other Web Sites

You may be offered services, products and promotions provided by third parties and not by Munchh (“Third Party Services”). If you decide to use Third Party Services you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible for the performance of any Third Party Services. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Munchh. Such third party websites are not governed by these General Terms. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.

26. Other Provisions

These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and Munchh regarding the Services. In the event of a conflict between these General Terms and any other Munchh agreement or Policy, these General Terms will prevail and control the subject matter of such conflict. If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.

Terms of Service Mobile Application

1. Acceptance of Terms

Thank you for subscribing and using Munchh. These Terms of Service (the “Terms”) appearing hereforth are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Munchh website at www.munchhnow.com (the “Site”) and any related mobile or software applications (“Munchh Platform”) including but not limited to delivery and receiving of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”).

Terms outlined hereforth are effective for all existing and future Munchh users.

Please be advise to read these Terms hereforth carefully. By accessing or using the Munchh Platform, you are agreeing to these Terms and concluding a legally binding contract between you and Munchh Technologies Sdn Bhd. You may not use any of the Services, in the event you do not accept the Terms or are unable to be bound by the Terms. Your use of the Munchh Platform is at your own risk, including but not limited to the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

In order to use the Services, you must first agree to be bound by the Terms. You can accept the Terms by:

Clicking to accept or agree to the Terms, where it is made available to you by Munchh in the user interface for any particular Service; or
Actually using the Services. In this case, you understand and agree that Munchh will treat your use of the Services as acceptance of the Terms from that point onwards.

2. Definitions

User

“User” or “You” or “Your” refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting,
or uploading information or views or pictures and includes other persons jointly participating in using the Services.

Content

“Content” will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. “Your content” or “User Content” means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. “Munchh Content” means content that Munchh creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. “Third Party Content” means content that comes from parties other than Munchh or its users and is available on the Services.

Restaurant(s)

“Restaurant” means the restaurants listed on MUnchh and any related mobile or software applications of Munchh.

3. Eligibility use of Services

You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
Compliance with Laws. You are solely responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You hereby agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

4. Change of Terms

Munchh may vary or amend or change or update these Terms, from time to time entirely at its own discretion without any notice to you. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Munchh Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

5. Translation of Terms

Munchh may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Munchh. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.

6. Provision of Services offered by Munchh

Munchh is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Munchh provides, may require effecting certain changes in it, therefore, Munchh reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
You hereby acknowledge and agree that in the event, Munchh disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
You hereby acknowledge and agree that while Munchh may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Munchh may set such fixed upper limits at any time, at Munchh’s sole discretion and without any notice to you.
By using Munchh’s Services you agree to the following disclaimer: The Content on these Services is for informational purposes only. Munchh disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Munchh reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Munchh does not guarantee the quality of the Goods, the prices listed in menus or the availability of all menu items at any restaurant. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Munchh. Contents gathered or proposed by Third Party as displayed in each Restaurant Listings in Munchh Platform may solely be own by the Restaurant or respective parties for the use of informational purposes only. Please email a takedown request (by using the “Contact Us” link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way whatsoever. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Munchh. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Munchh.
Munchh reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Munchh Platform anytime in future. The quantum of such subscription and/or membership fees is at the sole discretion of Munchh.
Munchh may from time to time introduce referral and/or incentive based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Munchh Platform terms. Further thereto, Munchh reserves the right to terminate / suspend the User’s account and/or credits / points earned and/or participation of the User in the Program if Munchh is of the opinion or determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Munchh Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Munchh reserves the right to modify, cancel and discontinue its Program without notice to the User.

7. Use of Services by You or User

Munchh User Account

You must create an account in order to use some of the features offered by the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.

You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook, Google). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You hereby authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.

You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action ,if deem necessary. You also agree that you will not allow any third party to use your Munchh account for any purpose whatsoever and that you shall be liable for such unauthorised access.

By creating an account, you agree to receive certain communications in connection with Munchh Platform or Services. For example, you might receive notifications on informational updates of a saved restaurants or being awarded exclusive promotion claims displayed at the mobile application. You can opt-out or manage your preferences regarding non-essential communications through account settings.

Others Terms

In accordance to connecting your feedback to the restaurants, Munchh feedback feature will connect you to the restaurant through integrations of Customer Relationship Management Panel provided by Munchh. The restaurant will receive data in regards to your feedback opinions in text and tabulated into analytics. You hereby agree to allow Munchh and the restaurant registered for Munchh Customer Relationship Management service to carefully use data collected for their internal purposes only at their sole discretion.

You agree the restaurant registered for Munchh Customer Relationship Management service may follow up on your feedbacks provided by contacting you through communications tools provided by Munchh or any Third Party (etc E-Mail). Munchh will have the authority to intervene or implement decisions should there be any disputes between the restaurant and You.

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree to use the data owned by Munchh (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use/purpose unless agreed to by/with Munchh in writing.

You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Munchh, unless you have been specifically allowed to do so, by way of a separate agreement with Munchh. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.

8. Content

Ownership of Munchh Content and Proprietary Rights

We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Zomato Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Munchh and that you shall not disclose such information without Munchh’s prior written consent.

You agree to protect Munchh’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that Munchh (or Munchh’s licensors) own all legal or beneficial right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Munchh and that you shall not disclose such information without Munchh’s prior written consent. Unless you have agreed otherwise in writing with Munchh, nothing in the Terms gives you a right to use any of Munchh’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Munchh; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Munchh’s Content in whole or in part except as expressly authorized by Munchh.

To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section 14.

Your License to Munchh Content

We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Munchh Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Munchh Content or our IP Rights.

Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.

Munchh License to Your or User Content

By submitting Your Content you hereby irrevocably grant Munchh a perpetual, irrevocable, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a ‘restaurant business page’ to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Munchh or its Users, any third party services and their users.

Representations Regarding Your or User Content

You are solely responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.

You shall assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our users and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by users and any and all liability arising from such Content is the sole responsibility of the user who posted the content, and not Munchh.

Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Any review, which is derogatory, defamatory or hateful or in violation of the Guidelines and Polices and without any substantial evidence may be taken down at our sole discretion

Third Party Content and Links

Some of the content available through the Services may include or link to materials that belong to third parties, such as third party reservation services or online food delivery/ordering. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Munchh is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

Third party content, including content posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. You further acknowledge and agree that Munchh is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

User Reviews/Tips/Ratings

User reviews or ratings for Restaurants do not reflect the opinion of Munchh. Munchh receives multiple reviews or ratings for Restaurants by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on Munchh is the personal opinion of the user/reviewer only. Munchh is a neutral platform, which solely provides a means of communication between users/reviewers including users or restaurant owners/representatives with access to restaurant business page. The advertisements published on the Munchh Platform are independent of the reviews received by such advertisers. We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a review that the restaurant does not consider to be true, the best option for the restaurant representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. In the event, the Restaurant believes that any particular user’s review violates any of the Munchh policies, the restaurant may write to us at support@munchhnow.com and bring such violation to our attention. Munchh may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services.

9. Content Guidelines and Privacy Policy

Content Guidelines

You represent that you have read, understood and agreed to our Guidelines and Policies related to Content

Privacy Policy

You represent that you have read understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the general public

10. Restrictions on use

Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:

Violate our Guidelines and Policies;
Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
Contains material that violates the standards of good taste or the standards of the Services;
Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
Accuses others of illegal activity, or describes physical confrontations;
Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.
Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
Attempts to impersonate another person or entity;
Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
Constitutes a form of deceptive advertising or causes, or is a result of, a conflict of interest;
Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
Asserts or implies that Your Content is in any way sponsored or endorsed by us;
Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
Falsely states, misrepresents, or conceals your affiliation with another person or entity;
Accesses or uses the account of another user without permission;
Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
“Hacks” or accesses without permission our proprietary or confidential records, records of another user, or those of anyone else;
Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
Decompiled, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
Collects, accesses, or stores personal information about other users of the Services;
Is posted by a bot;
Harms minors in any way;
Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
Attempts to do any of the foregoing.

You acknowledge that Munchh has no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body

You hereby agree and assure Munchh that the Munchh Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Munchh in any form or manner whatsoever.

Any Content uploaded by you, shall be subject to relevant laws of Malaysia and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in noncompliance with the laws and regulations, these terms, or the privacy policy of the Munchh Platform, Munchh shall have the right to immediately block your access and usage of the Munchh Platform and Munchh shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

11. User Feedback

If you share or send any ideas, suggestions, changes or documents regarding Munchh’s existing business (“Feedback”), you agree that (i) your Feedback does not contain the confidential, secret or proprietary information of third parties, (ii) Munchh is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Munchh may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Munchh and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.

Please provide only specific Feedback on Munchh’s existing products or marketing strategies; do not include any ideas that Munchh’s policy will not permit it to accept or consider.

Notwithstanding the abovementioned clause, Munchh or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Munchh or any of its employees. The purpose of this policy is to avoid potential misunderstandings or disputes when Munchh’s products or marketing strategies might seem similar to ideas submitted to Munchh. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.

Terms of Idea Submission

You agree that: (1) your Submissions and their Contents will automatically become the property of Munchh, without any compensation to you; (2) Munchh may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Munchh to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

12. Advertising

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Munchh on the Services are subject to change without specific notice to you. In consideration for Munchh granting you access to and use of the Services, you agree that Munchh may place such advertising on the Services.

Part of the site may contain advertising information or promotional material or other material submitted to Munchh by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the Munchh Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Munchh found on or through the Munchh Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Munchh will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Munchh Platform and mobile application.

13. Disclaimer of Warranties, Limitation of Liability, and Indemnification

Disclaimer of Warranties

OU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MUNCHH, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS (“MUNCHH PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MUNCHH PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE MUNCHH PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MUNCHH OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY MUNCHH, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MUNCHH PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE MUNCHH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES. IN NO EVENT SHALL THE MUNCHH PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

FURTHERMORE, UNLESS OTHERWISE AGREED TO IN WRITING BY MUNCHH, THE TOTAL LIABILITY OF THE MUNCHH PARTIES TO YOU FOR ANY CAUSE OF ACTION YOU TAKE AGAINST THE MUNCHH PARTIES WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

Some countries and jurisdictions do not allow the limitation or exclusion of consequential, direct, indirect, or other damages and to the extent you are a consumer the limitations or exclusions in this section may not apply to you.

Indemnification

You hereby agree to indemnify, defend, and hold harmless the Munchh Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

14. Termination of your access to the services

You can delete your account at any time by contacting us via the “Contact Us” link at the bottom of every page or by following this process: Go to Profile > Setting > Security > click on the ‘Delete Account’ button and ceasing further use of the Services.

We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services

15. General Terms

Interpretation:

The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.

Entire Agreement and Waiver:

The Terms, together with the ‘Privacy Policy’ and ‘Guidelines and Policies’, shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Severability:

If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

Partnership or Agency:

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Munchh and you shall have no authority to bind Munchh in any form or manner, whatsoever.

Governing Law/Waiver:

These Terms shall be governed by the laws of Malaysia. The Courts of law in Malaysia shall have exclusive jurisdiction over any disputes arising under this agreement.

For all Users: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.

Carrier Rates may Apply:

By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.

Linking and Framing:

You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.

16. Notice of copyright infringement and grievance redressal mechanism

Munchh shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Munchh Platform, or items advertised on the Munchh Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:

Identify in writing the copyrighted material that you claim has been infringed upon;
Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
Include the following statement: “I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law”;
Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf”;
Provide your contact information including your address, telephone number, and e-mail address (if available);
Provide your physical or electronic signature;

Send the written communication to:

Munchh Customer Service
Headquarter Office
Munchh Technologies Sdn Bhd
WORQ, Unit 3A-01A, 699, Jalan Damansara, Taman Tun Dr Ismail, 60000 Kuala Lumpur, Federal Territory of Kuala Lumpur, Malaysia
Email Address: support@munchhnow.com

You may be subject to liability if you knowingly make any misrepresentations on a takedown notice.

Munchh Privacy Policy

Munchh Technologies Sdn Bhd (“Munchh,” the “Company,” “we,” “us,” and “our,”) respect your privacy and are committed to protecting it through our compliance with this privacy policy. This policy describes:

the types of information that we may collect from you when you access or use our websites, applications and other online services (collectively, our “Services”); and
our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies only to information we collect through our Services, in email, text and other electronic communications sent through or in connection with our Services.

This policy DOES NOT apply to information that you provide to, or that is collected by, any third-party, such as restaurants at which you make reservations and/or pay through our Services and social networks that you use in connection with our Services. We encourage you to consult directly with such third-parties about their privacy practices.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using our Services, you agree to this privacy policy. This policy may change from time to time, your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

1. Collected Information and How we use it

We collect several types of information from and about users of our Services, including information:

by which you may be personally identified; and/or
about your internet connection, the equipment you use to access our Services and your usage details.

We collect this information:

directly from you when you provide it to us; and/or
automatically as you navigate through our Services (information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies).

Information Provided by You

The information we collect on or through our Services may include:

Your account information: Your full name, email address, postal code, password and other information you may provide with your account, such as your gender, mobile phone number and website. Your profile picture that will be publicly displayed as part of your account profile. You may optionally provide us with this information through third-party sign-in services such as Facebook and Google Plus. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services.
Your preferences: Your preferences and settings such as time zone and language.
Your content: Information you provide through our Services, including your reviews, photographs, comments, lists, followers, the users you follow, current and prior restaurant reservation details, food ordering details and history, favorite restaurants, special restaurant requests, contact information of people you add to, or notify of, your restaurant reservations through our Services, names, and other information you provide on our Services, and other information in your account profile.
Your searches and other activities: The search terms you have looked up and results you selected.
Your browsing information: How long you used our Services and which features you used; the ads you clicked on.
Your communications: Communications between you and other users or merchants through our Services; your participation in a survey, poll, sweepstakes, contest or promotion scheme; your request for certain features (e.g., newsletters, updates or other products); your communication with us about employment opportunities posted to the services.
Your transactional information: If you make reservations or purchases through our Services, we may collect and store information about you to process your requests and automatically complete forms for future transactions, including (but not limited to) your phone number, address, email, billing information and credit or payment card information. This information may be shared with third-parties which assist in processing and fulfilling your requests, including PCI compliant payment gateway processors. When you submit credit or payment card information, we encrypt the information using industry standard technologies, as further described below under “Payment Card Information.” If you write reviews about businesses with which you conduct transactions through our Services, we may publicly display information that you transacted with those businesses.
Your Public Posts: You also may provide information (such as ratings, reviews, tips, photos, comments, likes, bookmarks, friends, lists, etc.) to be published or displayed (hereinafter, “posted”) on publicly accessible areas of our Services, or transmitted to other users of our Services or third-parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, you may set certain privacy settings for such information by logging into your account profile. Please be aware that no security measures are perfect or impenetrable (see “Security” section below). Additionally, we cannot control the actions of other users of our Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. We may display this information on the Services, share it with businesses, and further distribute it to a wider audience through third party sites and services. You should be careful about revealing any sensitive details about yourself in such postings.

We use the information you provide to us to enhance the functionality and improve the quality of our Services, and to personalize your experience while using our Services. We also use this information to display relevant advertising, provide support to you, communicate with you, and comply with our legal obligations.

Information About Your Friends

You have the option to request your friends to join the Services by providing their contact information. If you request a friend to join and connect with you on the Services, we will only use your friend’s contact information to process your request.

Information About Your Messages

If you exchange messages with others through the Services, we may store them in order to process and deliver them, allow you to manage them, and investigate possible violations of our Terms of Service and wrongdoing in connection with the Services. If you send information from the Services to your mobile device via SMS text message, we may log your phone number, phone carrier, and the date and time that the message was processed. Carriers may charge recipients for texts that they receive.

Information We Collect Through Automatic Data Collection Technologies

We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Services, and about your use of the Services, even if you use the Services without registering or logging in.

Usage information: Details of your use of our Services, including traffic data, location data, logs and other communication data and the resources that you access and use on or through our Services.
Computer and device information: Information about your computer, Internet connection and mobile device, including your IP address, operating systems, platforms, browser type, other browsing information (connection, speed, connection type etc.), device type, device’s unique device identifier, mobile network information and the device’s telephone number.
Stored information and files: Our applications also may access metadata and other information associated with other files stored on your mobile device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
Location information: Our applications collect real-time information about the location of your device, as permitted by you.
Last URL visited: The URL of the last web page you visited before visiting our websites.
Mobile device IDs: Unique mobile device identifier (e.g. IDFA or other device IDs on Apple devices like the iPhone and iPad), if you’re using our Services on a mobile device, we may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We may do this to store your preferences and track your use of our applications. Unlike cookies, mobile device IDs cannot be deleted. Advertising companies may use device IDs to track your use of our applications, track the number of advertisements displayed, measure advertising performance and display advertisements that are more relevant to you. Analytics companies may use mobile device IDs to track your usage of our applications.
Your preferences: Your preferences and settings such as time zone and language.
Your activity on the Services: Information about your activity on the Services, such as your search queries, comments, domain names, search results selected, number of clicks, pages viewed and the order of those pages, how long you visited our Services, the date and time you used the Services, error logs, and other similar information.
Mobile status: For mobile application users, the online or offline status of your application.
Applications: If you use the Munchh application, Munchh may collect information about the presence and/ or absence and/ or details pertaining to other applications on your mobile phone. The applications we gather information for, may vary across categories including, without limitation, shopping, fashion, food and travel. This will help us understand you and your preferences better and enable Munchh to provide you with a personalised experience.

Precise Location Information and How to Opt-Out

When you use one of our location-enabled services (for example, when you access Services from a mobile device), we may collect and process information about your mobile device’s GPS location (including the latitude, longitude or altitude of your mobile device) and the time the location information is recorded to customize the Services with location-based information and features (for example, to inform you about restaurants in your area or applicable promotions). Some of these services require your personal data for the feature to work and we may associate location data with your device ID and other information we hold about you. We keep this data for no longer than is reasonably necessary for providing services to you. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.

Cookies and Other Electronic Tools

We, and third parties with whom we partner, may use cookies, pixel tags, web beacons, mobile device IDs, “flash cookies” and similar files or technologies to collect and store information in respect to your use of the Services and third party websites. A cookie is a small text file that is stored on your computer that enables us to recognize you (for example, as a registered user) when you visit our website, store your preferences and settings, enhance your experience by delivering content and advertising specific to your interests, perform research and analytics, track your use of our Services, and assist with security and administrative functions. Cookies may be persistent or stored only during an individual session. To understand more about cookies, click here. A pixel tag (also called a web beacon or clear GIF) is a tiny graphic with a unique identifier, embedded invisibly on a webpage (or an online ad or email), and is used to count or track things like activity on a webpage or ad impressions or clicks, as well as to access cookies stored on users’ computers. Munchh uses pixel tags to measure the popularity of our various pages, features and services. We also may include web beacons in Email messages or newsletters to determine whether the message has been opened and for other analytics.

Most browsers are set to automatically allow cookies. Please note it may be possible to disable some (but not all) cookies through your device or browser settings, but doing so may interfere with certain functionality on the Services. Major browsers provide users with various options when it comes to cookies. Users can usually set their browsers to block all third-party cookies (which are those set by third-party companies collecting information on websites operated by other companies), block all cookies (including first-party cookies such as the ones Munchh uses to collect search activity information about its users), or block specific cookies. To modify your cookie settings, please visit your browser’s help settings. You will need to opt out on each browser and each device you use to access the Services. Flash cookies operate differently than browser cookies and cannot be removed or blocked via web browser settings. By using our Services with your browser set to accept cookies you are consenting to our use of cookies in the manner described in this section. To view Munchh’s Cookie Policy, please click here

Third parties whose products or services are accessible or advertised through the Services, including social media services, may also use cookies or similar tools, and we advise you to check their privacy policies for information about their cookies and other practices. We do not control the practices of such partners and their privacy policies govern their interactions with you.

Information from Third Parties

We may collect, process and store your user ID associated with any social media account (such as your Facebook and Google account) that you use to sign into the Services or connect with or use with the Services. When you sign in to your account with your social media account information, or otherwise connect to your social media account with the Services, you consent to our collection, storage, and use, in accordance with this Privacy Policy, of the information that you make available to us through the social media interface. This could include, without limitation, any information that you have made public through your social media account, information that the social media service shares with us, or information that is disclosed during the sign-in process. Please see your social media provider’s privacy policy and help center for more information about how they share information when you choose to connect your account.

We may also obtain information about you from third parties such as partners, marketers, third-party websites, and researchers, and combine that information with information which we collect from or about you.

Anonymous or De-Identified Data

We may anonymize and/or de-identify information collected from you through the Services or via other means, including via the use of third-party web analytic tools as described below. As a result, our use and disclosure of aggregated and/or de-identified information is not restricted by this Privacy Policy, and it may be used and disclosed to others without limitation.

2. How we use the information collected

We use the information we collect from and about you for a variety of purposes, including to:

Process and respond to your queries
Understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), process and complete your transactions, and make special offers.
Administer our Services and diagnose technical problems.
Send you communications that you have requested or that may be of interest to you.
Send you questions from other users that you may be able to answer if you have registered with Munchh.
Enable us to show you ads that are relevant to you.
Generate and review reports and data about, and to conduct research on, our user base and Service usage patterns.
Administer contests and sweepstakes.
Provide you with customer support.
Provide you with notices about your account.
Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
Notify you about changes to our Services.
Allow you to participate in interactive features offered through our Services.
In any other way we may describe when you provide the information.
For any other purpose with your consent.

We may also use your information to contact you about our own and third-party goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data and/or adjust your user preferences in your account profile.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

3. How we share information we collected

We may disclose personal information that we collect or you provide, as described in this privacy policy, in the following ways:

General Information Disclosures

To our subsidiaries and affiliates, which are entities under common ownership or control of our ultimate parent company Munchh Technologies Sdn Bhd.
To contractors, service providers and other third-parties whom we use to support our business (e.g. Customer Relationship Management Services) and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Munchh’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Munchh about the users of our Services are among the assets transferred.
To third-parties to market their products or services to you if you have consented to receive the promotional updates. We contractually require these third-parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
Service Providers. We may share your information with outside vendors that we use for a variety of purposes, such as to send you emails and messages on behalf of other Munchh members, push notifications to your mobile device on our behalf, provide voice recognition services to process your spoken queries and questions, help us analyze use of our Services, and process and collect payments. Some of our products, services and databases are hosted by third party hosting services providers. We also may use vendors for other projects, such as conducting surveys or organizing sweepstakes for us. We may share information about you with these vendors only to enable them to perform their services.
Legal Purposes. We may share your information when we believe in good faith that such sharing is reasonably necessary in order to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. We may also share your information to investigate and address threats or potential threats to the physical safety of any person, to investigate and address violations of this Privacy Policy or the Terms of Service, or to investigate and address violations of the rights of third parties and/or to protect the rights, property and safety of Munchh, our employees, users, or the public. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations on account of legal request such as subpoena, court order or government demand to comply with the law.
Social Networks. If you interact with social media features on our Services, such as the Facebook Like button, or use your social media credentials to log-in or post content, these features may collect information about your use of the Services, as well as post information about your activities on the social media service. Your interactions with social media companies are governed by their privacy policies.
To enforce or apply our Terms of Use [www.munchhnow.com/termsandconditions] and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Munchh, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Consent. We may share your information in any other circumstances where we have your consent.

Information Shared with Restaurants

When you use the feedback feature to a restaurant through our Services, your information is provided to us and to the restaurants with whom you choose to feedback. In order to facilitate your feedback processes, we provide your information to that restaurant in a similar manner as if you had made a feedback directly with the restaurant. If you provide a mobile phone number, restaurants or Munchh may send you an email messages regarding your feedback queries.

Information you choose to share with a restaurant when you make a feedback through our Services may be used by the restaurant for its own purposes. We do not control the privacy practices of restaurants. Please contact the restaurant directly if you want to learn about its privacy practices.

4. Analytics and Tailored Advertising

To help us better understand your use of the Services, we may use third-party web analytics on our Services, such as Google Analytics. These service providers use the sort of technology described in the “Automatically-Collected Information” Section above. The information collected by this technology will be disclosed to or collected directly by these service providers, who use the information to evaluate our users’ use of the Services. We also use Google Analytics as described in the following section. To prevent Google Analytics from collecting or using your information, you may install the Google Analytics Opt-Out Browser Add-on.

Tailored Advertising

Third parties whose products or services are accessible or advertised via the Services may also use cookies or similar technologies to collect information about your use of the Services. This is done in order to help them (i) inform, optimize, and serve ads based on past visits to our website and other sites and (ii) report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our website. We also allow other third parties (e.g., ad networks and ad servers such as Google Analytics, OpenX, Pubmatic, DoubleClick and others) to serve tailored ads to you on the Services, and to access their own cookies or similar technologies on your computer, mobile phone, or other device you use to access the Services. We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed by such third parties. These parties may permit you to opt out of ad targeting. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising (i.e., not just for the Services), you may visit the Network Advertising Initiative’s Consumer Opt-Out Link, and/or the Digital Advertising Alliance’s Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Services, you may still receive ads even if you opt-out of tailored advertising. In that case, the ads will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

When accessing the Services from a mobile application you may also receive tailored in-application advertisements. Each operating system: iOS, Android and Windows Phone provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of tailored in-application advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or operating system or contact the applicable platform operator.

Do Not Track

We are committed to providing you with meaningful choices about the information collected on our Services for third party purposes, and that is why we provide the above links to the NAI “Consumer Opt-out”, DAA opt-out, and Google opt-out. However, we do not currently recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is still working on Do Not Track standards, implementations and solutions.

5. Choices on how we use and disclose your information

We strive to provide you with choices regarding the personal information you provide to us. You can set your browser or mobile device to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of our Services may then be inaccessible or not function properly. We do not share your personal information with any advertising agency.

6. Communications Choices

When you sign up for an account, you are opting in to receive emails from other Munchh users, businesses, and Munchh itself. You can log in to manage your email preferences at Munchh Software Application and you can follow the “unsubscribe” instructions in commercial email messages, but note that you cannot opt out of receiving certain administrative notices, service notices, or legal notices from Munchh.

7. Reviewing, Changing or Delete of Information

If you would like to review, change or delete personal information we have collected from you, or permanently delete your account, please use the “Contact Us” link at the bottom of every page (also located here), or contact the Munchh Support Officer.

If you delete your User Contributions from our websites, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users of our websites. Proper access and use of information provided on our websites, including User Contributions, is governed by our Terms of Use [www.munchhnow.com/termsandconditions]

8. Accessing and Correction of Your Personal Information

We will take reasonable steps to accurately record the personal information that you provide to us and any subsequent updates.

We encourage you to review, update, and correct the personal information that we maintain about you, and you may request that we delete personal information about you that is inaccurate, incomplete, or irrelevant for legitimate purposes, or are being processed in a way which infringes any applicable legal requirement.

Your right to review, update, correct, and delete your personal information may be limited, subject to the law of your jurisdiction: (i) if your requests are abusive or unreasonably excessive, (ii) where the rights or safety of another person or persons would be encroached upon, or (iii) if the information or material you request relates to existing or anticipated legal proceedings between you and us, or providing access to you would prejudice negotiations between us or an investigation of possible unlawful activity. Your right to review, update, correct, and delete your information is subject to our records retention policies and applicable law, including any statutory retention requirements.

9. Security: How we protect your informations

We have implemented appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access to your information and to maintain data security. These safeguards take into account the sensitivity of the information that we collect, process and store and the current state of technology. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it, including the use of vault and tokenization services from third party service providers. The third party service providers with respect to our vault and tokenization services and also our payment gateway and payment processing are all validated as compliant with the payment card industry standard (generally referred to as PCI compliant service providers). However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security and thereby usage in a manner that is inconsistent with this Privacy Policy.

We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your personal information secure. You should not share your user name, password, or other security information for your Munchh account with anyone. If we receive instructions using your username and password, we will consider that you have authorized the instructions.

10. Children Under the Age of 13

The Services are not intended for users under the age of 13. We do not knowingly collect any personal information from children under 13 or market to or solicit information from anyone under the age of 13. If we become aware that a person submitting personal information is under 13, we will delete the account and any related information as soon as possible. . If you believe we might have any information from or about a child under 13, please contact us at support@munchhnow.com.

11. Third Party links and Services

The Services may contain links to third-party websites. Your use of these features may result in the collection, processing or sharing of information about you, depending on the feature. Please be aware that we are not responsible for the content or privacy practices of other websites or services which may be linked on our services. We do not endorse or make any representations about third-party websites or services. Our Privacy Policy does not cover the information you choose to provide to or that is collected by these third parties. We strongly encourage you to read such third parties’ privacy policies.

12. Compliance with Data Protection Regulations

The information we obtain from or about you may be processed and stored in India and our other various servers located across the globe, which may provide for different data protection rules than the country in which you reside. We comply with generally accepted industry standard regulations regarding the collection, use, and retention of data. Each location may provide for different data protection rules than the country in which you reside. By using the Services, you consent to the collection, transfer, use, storage and disclosure of your information as described in this Privacy Policy, including to the transfer of your information outside of your country of residence. If you have any questions relating to your personal data, please write to us on support@munchhnow.com.

13. Data Retention and Account Termination

You can close your account by visiting your profile settings page on our software application. We will remove your public posts from view and/or dissociate them from your account profile, but we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. Thereafter, we will either delete your personal information or de-identify it so that it is anonymous and not attributed to your identity. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations.

14. Job Applicants

If your information is submitted to us through our Service when applying for a position with our company, the information will be used to consider your application. We may retain your information for any period of time. This information may be shared with other companies for the purpose of evaluating your qualifications for the particular position or other available positions, as well as with third-party service providers retained by us to collect, maintain and analyze candidate submissions for job postings.

15. Changes of Privacy Policy

We reserve the right to amend this Privacy Policy from time to time to reflect changes in the law, our data collection and use practices, the features of our services, or advances in technology. Please check this page periodically for changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is used. If we make any material changes to this Privacy Policy, we will post the changes here. Please review the changes carefully. Your continued use of the Services following the posting of changes to this Privacy Policy will constitute your consent and acceptance of those changes.

16. Contact Us

If you have any queries relating to the processing/usage of information provided by you or Munchh’s Privacy Policy, you may email us at support@munchhnow.com or write at the following address:

Munchh Customer Service
Headquarter Office
Munchh Technologies Sdn Bhd
WORQ, Unit 3A-01A, 699, Jalan Damansara, Taman Tun Dr Ismail, 60000 Kuala Lumpur, Federal Territory of Kuala Lumpur, Malaysia

Copyright and Trademark Policy

Munchh respects the copyright and trademark rights of others. Munchh responds to all valid notifications of trademark complaints submitted by trademark owners and of copyright complaints submitted by copyright owners under the Digital Millennium Copyright Act (“DMCA”). Section 512 of the DMCA outlines the requirements for reporting a copyright violation for copyright owners, as well as requirements for submitting a counter-notification by an affected party. It is Munchh’s policy to suspend or terminate the access privileges of those who repeatedly infringe the copyrights and trademarks of others.

Requirements

To report a notice of trademark or copyright infringement, you will need to provide us with the following information:

An electronic or physical signature (typing a full name in the reporting form or an email will be sufficient) of the copyright or trademark owner or a person authorized to act on behalf of the owner;
A description of the material that you claim has been infringed;
i. With respect to trademark rights, include the basis for your claim of such rights, such as a national or community trademark registration and any applicable registration number, the country or jurisdiction in which you claim such rights, and the category of goods and/or services for which you claim such rights;
Identification of the claimed infringing material, including the location of such material on Munchh’s applications, websites or services;
Contact information, including the name of the owner of the copyright or trademark and your name, title, address, telephone number, and email address;
A statement that you have a good faith belief that the claimed infringing material is not authorized by the copyright or trademark owner, its agent, or the law; and
A statement made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or trademark owner or are authorized to act on behalf of the owner.

Submitting a Copyright/Trademark Infringement Notice

If you believe that third party material posted on or accessible through Munchh’s applications, websites, and services constitutes infringement of your copyright or trademark rights, please send a notice of infringement to Munchh’s designated agent by contacting support@munchhnow.com.

By submitting the infringement notice, you acknowledge and agree that Munchh or its designated agent may forward the information you provide in your notice to the person responsible for the allegedly infringing material. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us. Please be aware that under 17 U.S.C. (s) 512(f) of the DMCA, you may be liable for any damages, including costs and attorneys’ fees incurred by us or our merchants, if you knowingly and materially misrepresent that an activity or material is infringing.

While the online form is the easiest and quickest way to submit your complaint with us, if you prefer, you may also write to Munchh’s designated agent at the following address. If you write to us, please be sure to provide all the information listed above under Requirements.

Munchh Technologies Sdn Bhd
Attn: Copyright/Trademark Agent
WORQ, Unit 3A-01A, 699, Jalan Damansara, Taman Tun Dr Ismail, 60000 Kuala Lumpur, Federal Territory of Kuala Lumpur, Malaysia
support@munchhnow.com.

Submitting a Counter-Notice after Removal of an Affected Party’s Material

If your material has been removed or disabled as a result of an infringement notice and you believe such material is not infringing, or that you have the authorization or right to post and use that material from the copyright or trademark owner, that owner’s agent, or pursuant to law, you may send a counter-notice to Munchh’s designated agent at the address above.

The counter-notice must include:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address, and telephone number; and
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the Malaysia, for any judicial district in which Munchh may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.

Munchh or its designated agent will forward your counter-notice to the party who submitted the infringement notice. If the complainant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled material within ten business days of receiving the counter-notice from Munchh, then Munchh may reinstate the removed or disabled material.

Submitting a Complaint to Report Violation of Your Likeness

If you think that content someone else has posted on Munchh’s applications, websites or services uses your name, voice, signature, image or likeness, or that of your minor child, without your permission and in violation of a legally recognized right of publicity, we encourage you first to contact the user directly about your concerns. If that does not resolve your concerns, you may file a report by contacting support@munchhnow.com..

Munchh Cookie Policy

How Munchh uses cookies

We use cookies and similar tools across our websites to improve their performance and enhance your user experience. This policy explains how we do that.

What are cookies?

Cookies are small text files which a website may put on your computer or mobile device when you first visit a site or page. The cookie will help the website, or another website, to recognize your device the next time you visit. Web beacons or other similar files can also do the same thing. We use the term “cookies” in this policy to refer to all files that collect information in this way.
There are many functions cookies serve. For example, they can help us to remember your username and preferences, analyze how well our website is performing, or even allow us to recommend content we believe will be most relevant to you.
Certain cookies contain personal information – for example, if you click to “remember me” when logging in, a cookie will store your username. Most cookies won’t collect information that identifies you, and will instead collect more general information such as how users arrive at and use our websites, or a user’s general location.

What sort of cookies?

Generally, our cookies perform up to six different functions:

Essential cookies

Some cookies are essential for the operation of our website. For example, some cookies allow us to identify subscribers and ensure they can access the subscription only pages. If a subscriber opts to disable these cookies, the user will not be able to access all of the content that a subscription entitles them to.

Performance cookies

We utilize other cookies to analyze how our visitors use our websites and to monitor website performance. This allows us to provide a high quality experience by customizing our offering and quickly identifying and fixing any issues that arise. For example, we might use performance cookies to keep track of which pages are most popular, which method of linking between pages is most effective, and to determine why some pages are receiving error messages. We might also use these cookies to highlight articles or site services that we think will be of interest to you based on your usage of the website.

Functionality cookies

We use functionality cookies to allow us to remember your preferences. For example, cookies save you the trouble of typing in your username every time you access the site, and recall your customization preferences, such as which regional edition of the website you want to see when you log in.

Behaviorally Targeted Advertising cookies

Munchh and our advertisers use cookies to serve you with advertisements that we believe are relevant to you and your interests. However, we do not tell our advertisers who you are.

Compliance, Security Authentication Cookies

These cookies are used to prevent fraud, protect your data from unauthorized parties and to comply with legal requirements. For example, these cookies will be used to determine if you are logged in.

Notification Cookies

These cookies are used to improve your use of the site by allowing notices of information and options. For example, Munchh may use the cookie to allow us to stop showing you the signup notification if you have already seen it.

More about cookies

You can read more about how businesses use cookies here.