Limitation of Liability
17. General Terms
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.
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.
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 Eat Me and you shall have no authority to bind Eat Me in any form or manner, whatsoever.
Governing Law/ Institution of Action
These Terms shall be governed by the laws of Singapore. The Courts of law at Singapore 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, therefore please verify the same as you will be solely responsible for any such costs incurred.
18. Notice of copyright infringement and grievance redressal mechanism
Eat Me shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Eat Me Platform, or items advertised on the Eat Me 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 in the prescribed form:
● Identify the copyrighted material that you claim has been infringed upon;
● Identify 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 username of the alleged infringer and the business listing it is posted under);
● Include the following statement: "I believe in good faith 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;
Send the written communication to:
Please note that you may be subject to liability if you knowingly make any misrepresentations on a takedown notice.
Photo Uploading Terms and Conditions
Eat Me Global (Private) Limited and/or its affiliates ("Eat Me" the "Company," "we," "us," and "our,") requires all users who upload images onto its platform to Agree to the following specific terms and conditions.
1. Copyright: You agree that, you have full right, title and interest in the photographs (“Photograph”, Photographs” “Dish Image” “Dish Images”, “Image”) you have uploaded to the platform. You further agree not to upload any photographs to the platform, which does not belong to you. Upon uploading of the photographs, and upon acceptance of the same to be published by us, you hereby agree to transfer and assign unto Eat Me, without reservation all economic and commercial rights in relation to the said photographs. You consent that Eat Me shall be entitled to use the images as we please for our purposes of howsoever nature. You further agree to waive your moral rights in relation to the said photographs so assigned. However, at our sole discretion, Eat Me may recognize you as the photographer of the such photographs accepted and give appropriate recognition. YOU FURTHER AGREE THAT YOU SHALL NOT USE THE PHOTOGRAPH FOR ANY OTHER COMMERCIAL PURPOSE ONCE THE PHOTOGRAPH IS ACCEPTED BY US.
2. Indemnity: You agree to indemnify, defend, and hold harmless the Eat Me platform 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.
3. Liability: Eat Me shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Eat Me Platform, or items advertised on the Eat Me 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:
4. Quality and other photo uploading guidelines: (1) You will have to be within a 20 meter radius of a particular restaurant to upload a Dish Image to the Eat Me App. In the event you are not within the radius, you will not be allowed to upload the photograph to the App. (2) The dish image shall fulfill the following requirements (a) all images shall be in landscape mode, and shall contain a clear unambiguous and distinct emphasis on the dish that is being captured and uploaded. (b) the image shall be of high quality, with good lighting and suitable to be featured in the App. (c) The Photograph shall not contain any faces of persons, animals, letters, annotations or descriptions or any other objects unrelated to the Dish which is being displayed. (d) the photograph shall not be slanderous, scandalous or morally objectionable at the sole discretion of Eat Me. (3) you cannot submit more than one photograph per dish and you are free to submit a new photo in the event the photo previously submitted by you is rejected. In any event, if the photograph submitted by you is selected for display, you cannot submit any further images in respect of the same dish. (4) Eat Me has the right to restrict the number of dish image uploads per user at the sole discretion of Eat Me
5. Selection process: We shall endeavor to review each photograph uploaded by you in accordance with our selection criteria and suitability of the photograph to demonstrate the best presentation of the dish that is displayed in the photograph. We have the sole discretion in accepting or rejecting a photograph without assigning any reasons or explanation whatsoever. The internal review process shall be carried out within 2 business days, and the decision to accept or reject an image shall be notified via the Eat Me app itself. Our decision shall be final and you cannot appeal or request for further review of our decision.
6. Photos taken from other Media: We may access publicly displayed food photographs of various partner restaurants and such photographs may be shared to display the food items displayed on our platform. As far as practicable we shall notify you of such use and request you to claim your photographs on our platform. You may be eligible for Eat Me Points if your photographs are selected as featured photos on our platform.
7. Take Down Notice: In the event you do not wish to participate in our platform, and your photographs are used by us, please write to us by clicking on the below link or by using the “Claim your photo” feature, and we will review your request and remove such photographs you so request.
8. Featured Photos: You agree that in the event that any photographs are featured by us, you are entitled to “Eat Me Points” which are redeemable at participating stores.
9. Account deactivation: In the event your account is deactivated by you, Eat Me shall at its discretion continue to use such photographs and other content uploaded by you, unless you specifically request to delete user data. However, if you have claimed Eat Me points on such photographs, you are not entitled to request for the removal of such photographs.