Terms of Use
last updated: [30/07/2024]
These terms of use (these “Terms”) govern the use of the services provided by FUNNOW GROUP (hereinafter also referred to as “we”, “our” or “us.”), through its Eatigo operated subsidiaries, via various electronic platforms such as the Eatigo website or mobile site (i.e. www.eatigo.com) (the “Eatigo Sites”) or mobile applications (the “Mobile Apps”) (the Eatigo Sites, Mobile Apps and Apps and the services thereon shall collectively hereinafter be referred to as the “Services”). These Terms also govern your Account (as defined below) and your use of the Services.
The Eatigo Sites and Mobile Apps are operated by us and by accessing and/or otherwise using the Services in any manner (whether as a registered user or otherwise), you therefore agree that you have read and accepted these Terms. We reserve the right to modify these Terms, without notice, at any time. You understand that your continued use of the Services after these Terms have been modified constitutes your acceptance of these Terms as amended.
If these Terms are modified in any way it will be updated here. Regularly checking and reviewing this page ensures that you are updated on the terms and conditions governing your use of the Services and your Account.
If we believe that the modifications are material, we will notify you of the changes by posting a notice on the Eatigo Sites and/or the Mobile Apps, or email you at the email address provided to us by you, and as we may deem appropriate. What constitutes a material change will be determined by us, at our sole and absolute discretion.
These Terms are to be read together with and does incorporate our Privacy Policy (which may be found here). If you do not agree with these Terms and/or our Privacy Policy, please do not use the Services.
1. Use of the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use our Services. Our Services are provided to you for your non-commercial, personal use only and must not be used for business or commercial purposes, unless you use the Services and/or an Account with us as our restaurant and dining service provider (“Merchant”). You may not reproduce, modify, copy or distribute or use for commercial purposes any part of the Services without our express and written permission.
You undertake that, when browsing, accessing the Eatigo Sites or using the Services, downloading, installing or using the Mobile Apps, or when communicating with any Merchant or any other user of the Services, you shall not do or attempt to do or permit any other person to do or attempt any of the following:
a. Upload any information, data and/or Content (as defined below) that violates or infringes upon any of our or another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right;
b. Engage in or encourage any conduct or make any statement which is or is likely to be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
c. Engage in or encourage any conduct or make any statement which is or is likely, in our opinion, to restrict or inhibit any other person from properly using or enjoying the Services;
d. Furnish false, inaccurate or misleading information, use credit/debit card details fraudulently, enter into fraudulent interactions or transactions with us or any third party (including by entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or by using a false or fictitious identity);
e. Affect us adversely or reflect negatively on us, our Services, our goodwill, our trademark(s), our name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person from using all or any portion, features or functions of the Services;
f. Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, inflammatory, deceptive, fraudulent, tortious, profane, invasive of another person’s privacy, or insensitive as to race, religion or gender, threatening, of an indecent, obscene or menacing character, blasphemous or otherwise offensive to any individual or group;
g. Upload to, or transmit through the Services any data, file, software or link that contains malicious codes or redirects to a virus, Trojan Horse, worm, spyware or other harmful programs;
h. Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or Site Content (as defined below) found or accessible through the Services;
i. Interfere with, or disrupt the integrity or the performance of the Services;
j. Violate any applicable laws, rules or regulations in connection with your access or use of the Service;
k. Use the Services for any purpose for which it is not designed or intended or in any manner which violates or is inconsistent with these Terms;
l. Use our proprietary information or interfaces or other intellectual property in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services;
m. Access or use the Services in such a way as to, or commit any act that imposes or is likely or calculated to impose an unreasonable or disproportionately large load on our infrastructure;
n. Collect any information in respect of other users (and which may include both our customers and/or Merchants) without their consent or gain unauthorised access to the Services, other users' accounts, names, passwords or personally identifiable information;
o. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any Site Content from the Services without our prior express written permission and/or any applicable third party;
p. Authorise or encourage anyone to do any of the foregoing.
2. User Accounts
You may register for a user account with us either by registering with us or by linking your social media account with us (“Account”). If you create an Account, you agree to complete the registration process by providing current, complete, and accurate information as required by us.
You are responsible for all activities that occur under your Account. You agree to notify us immediately of any unauthorised use of your Account or any other breach of security. We will not be liable for any loss that you may incur as a result of your use or someone else’s use of your Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to your use or someone else’s use of your Account.
You are solely responsible for the proper use of your Account, and you shall also be solely responsible to ensure the confidentiality of your Account details and login credentials. You shall ensure that you have at all times full control of and over the use of your Account, and that you shall further not use another user’s Account at any time. You shall not set up multiple Accounts, or transfer or sell your Account to another party.
All Accounts must be registered with a valid personal email address that you access regularly, so that, among other things, we may communicate with you by email in respect of the management and administration of your Account.
We may require users to re-validate their Accounts or update their Account passwords from time to time in order to ensure that the Accounts are still active and registered with a valid email address.
We reserve the right to terminate, delete and/or otherwise remove any Account without prior notice if we believe that the Account had been registered in violation of these Terms, if proxy IPs (Internet Protocol addresses) are being used in order to attempt to hide the use of multiple registration accounts, or if the Account disrupts the smooth operation of our Services or in any way or disrupts or annoys other users of our Services.
When you create an Account, you represent and warrant that:
1. If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms, and that the Entity is duly incorporated;
2. You are capable of entering into and performing legally binding contracts under the applicable law;
3. You are and will be legally, financially and morally responsible for all activities that occur under your Account; and
4. All information which you provide is accurate, up to date, truthful and complete and that you will promptly inform us of any changes to such information by updating your Account profile.
If you are below the age of majority, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
3. User and Site Content
The Services allow users to create listings and share content, such as photos, videos, comments, data, text, links and/or other information (“Content”). With respect to any Content that you upload, post or otherwise make available on through our Services, you hereby assign us all rights, title and interest to us for the same, and you expressly acknowledge and agree that thereafter we shall own such Content. To the fullest extent permitted under the applicable law, you agree not to assert any rights and/or other intellectual property rights in respect of any use and/or ownership of such Content by us or third parties authorised by us. You further warrant that at all material times, you are the legitimate owner of such Content and/or that you otherwise are authorised or have the right to therefore assign the same to us.
You acknowledge that you are responsible for any Content you may submit through the Eatigo Sites and Mobile Apps, including the legality, reliability, appropriateness, originality and copyright of any such Content. With respect to any Content you submit or make available through the Eatigo Sites and Mobile Apps, you hereby further represent, warrant and covenant that any Content you provide does not include anything to which you do not have the full right to grant such a license to us.
The Eatigo Sites and Mobile Apps including without limitation the text, graphics, photographs, software, video and audio files, and the like that appear on the Eatigo Sites and Mobile Apps (the “Site Content”), is either owned by or licensed to us, and is subject to copyright and other intellectual property rights under the applicable laws.
Users may not repost, republish, reproduce or copy the Site Content to other websites, mobile applications, or otherwise, without our prior written consent. Furthermore Users shall not sell, or distribute, Site Content to third parties, prepare derivative works of or otherwise exploit Site Content without our prior written permission. To request permission to re-post, republish, reproduce, copy, sell, distribute, prepare derivative works of or otherwise exploit Site Content, please submit your request in writing via our Customer Support Page. We have no obligation to grant you permission to repost, republish, reproduce, copy, sell, distribute, prepare derivative works of or otherwise exploit Site Content.
All of our trademarks, service marks and logos are owned by or licensed to us and may not be used for any purpose without our prior written consent.
4. Permitted Uses
The Eatigo Sites and Mobile Apps are designed to offer our customers reservations with our Merchants, and vice versa, and which reservations may include a discount. You agree not to use the Services in any other manner and in a manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any of our server(s), or interfere with any other party's use and enjoyment of the Services or access to the Eatigo Sites and Mobile Apps.
You may not attempt to gain unauthorized access to any portion of the Eatigo Sites, Mobile Apps, other Accounts, computer systems, or networks connected to any of our server(s), whether through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Services or on the Eatigo Sites or Mobile Apps. You will not link to any part of the Eatigo Sites if such activity is illegal, will cause damage to, or will otherwise harm us or any other party. Moreover, we reserve the absolute right in our sole discretion to disable or otherwise terminate your use of the Services, Eatigo Sites or Mobile Apps, or any links you make to the Eatigo Sites, or request you to do the same. We reserve all of our rights in the Services, Eatigo Sites and Mobile Apps not expressly granted to you by these Terms.
5. Reservations, Credits, and Cancellation Policy
Through the use of the Services, a customer may make a restaurant reservation at one of the times, venues and at the promotions offered by a Merchant. We do not however guarantee and are not responsible for the performance of the reservation, the dining services and/or the promotions (i.e. discounts), which are the sole responsibility and are to be provided and/or otherwise performed by the Merchant. We are therefore not responsible for the service, eligibility, or termination of the restaurant or the restaurant’s reservation with the Merchant.
As provided above in these Terms, we may terminate your use of the Services and/or your Account upon your following conduct, which may include but are not limited to the following:
a. changing the time and/or date of a reservation more than five times;
b. contacting the Merchant directly to attempt to modify the time, date or other parameters of a reservation;
c. arriving at the Merchant’s restaurant at a time or with a party size other than that specified in your reservation confirmation and requesting a discount;
d. failing to cancel a reservation which you do not plan to attend (“no-showing”);
e. committing fraud of any kind with regards to your obligation to pay the Merchant in full for services rendered.
We reserve the right to at any time without notice, change the terms applicable to referral credits, including the value, validity, expiration period, and/or your ability to redeem existing referral credits.
Permitted cancellations of reservations may be made at least one minute prior to the commencement time of your reservation.
Discounts are applicable for dine-in only and cannot be used with delivery or take away.
Prices may vary from regular menu on special holidays. Please contact the restaurant directly to confirm menu on special holidays.
6. Claim of Copyright Infringement
We respect the intellectual property of others. If you believe in good faith that any Site Content, or other matter posted on the Eatigo Sites or Mobile Apps infringe upon the copyright in a work you own, please contact via our Customer Support Page, with correspondence containing the following:
a. a physical signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
b. a clear identification of the copyrighted work allegedly infringed;
c. identifying information reasonably sufficient to allow determination by us of the location of the material that is allegedly infringing;
d. information reasonably sufficient to permit us to contact or respond to you;
e. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in the notification is accurate, and that you are either the owner or authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Links to Other Websites/ Mobile Sites
The Eatigo Sites and Mobile Apps may contain advertisements and/or links to other sites ("Third Party Sites"). These links to Third Party Sites are provided solely for the convenience of our users. We do not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any third party sites or any products or services advertised on third party sites. If you decide to leave the Eatigo Sites and navigate to Third Party Sites, or install any other applications, software or download content from any such Third Party Sites, you do so at your own risk. Concerns regarding a Third Party Site should be directed to the owners of the Third Party Site itself. We bear no responsibility for any action associated with any Third Party Site. Moreover, we do not imply an affiliation with any Third Party Site.
8. Limitation of Liability
You further acknowledge and agree that we will not be held liable for any loss or damage incurred as a result of use of the Eatigo Sites, Mobile Apps or the Services. You understand that we are not the seller of the goods and/or dining services contained on the Eatigo Sites, Mobile Apps and/or otherwise made available through the Services. We are a service provider and transaction handler for third party Merchants. We are in no way nor shall be considered an agent of any Merchant, and we take no responsibility for the services or products for which any Merchant provides.
9. Indemnification
You agree to defend, indemnify, and hold us harmless from all liabilities, claims, damages, losses, and expenses, including attorneys' fees that arise from your use of the Services (including the Eatigo Sites and Mobile Apps). We at our sole and absolute discretion reserve the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. Governing Law, Jurisdiction and Arbitration
Any and all disputes arising out of, relating to or connected with these Terms, our Privacy Policy, or your use of any part of the Eatigo Sites, Mobile Apps and/or the Services, shall be referred to the Chinese Arbitration Association, Taipei (“CAA”) and shall be finally resolved by arbitration under the CAA Rules by a panel of one (1) arbitrator appointed in accordance with the CAA Rules. The seat of arbitration shall be Taiwan. The Language to be used in the arbitral proceedings shall be Mandarin or English, as agreed by the parties.
The Eatigo Sites and Mobile Apps are operated by FUNNOW GROUP, and these Terms are governed by the laws of Taiwan. .
Notwithstanding the above and in the event that you initiate legal proceedings against us, you hereby consent and submit to the exclusive jurisdiction of the Courts in Taiwan . You agree that all claims that you may have against us arising from or relating to the Eatigo Sites, Mobile Apps and/or the Services must be heard and resolved in a court of competent subject matter jurisdiction located in Taiwan.
Notwithstanding any other provision of these Terms, to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we reserve the right to seek injunctive or other appropriate relief in any Court in Taiwan and/or the jurisdiction in which such intellectual property rights may have been infringed upon, and you submit to the exclusive jurisdiction of the relevant and respective Courts.
11. Intellectual Property
You acknowledge that we own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Services, Eatigo Sites and Mobile Apps, and that you will not acquire any rights, titles, or interests in the same except as expressly provided for in these Terms.
You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our Services, software, or documentation, or create or attempt to create a substitute or similar service or product through your use of or access the Eatigo Sites or Mobile Apps or our proprietary information related thereto.
"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force and effect worldwide.
All rights (including goodwill) in the ”Eatigo” name and trademark are owned by us. Any other product, service or company names and trademarks which may appear on our Services are the names and trademarks of their respective owners.
12. No Warranty
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
We do not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and our server(s) are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). We are not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from us or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that we have no obligation to support or maintain the Services.
We disclaim any and all liability or responsibility in relation to the Site Content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. We are not responsible or liable in any manner for the third party content and services associated with or utilised in connection with the Services, including the failure of such third party content and services, including but not limited to the content and/or services of our Business Partners.
We maintain and shall have the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Eatigo Sites, Mobile Apps and/or the Services, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Services (or any part thereof) on any particular device or communications service. We have no obligation to provide you and/or the Business Partners with notice of any such changes, and we are further under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Eatigo Sites, Mobile Apps and/or the Services.