USER TERMS AND CONDITIONS
1. INTRODUCTION
1.1. ChinChin (“Platform”) has been created by and is owned by HEINEKEN International B.V (“we”, “us” “our”). The Platform has been designed to engage and encourage users to plan social gatherings and/or events referred to as Chinvites (“Chinvites”). You can access the Platform either via the ChinChin app or via Letschinchin.com.
1.2. As a user of the Platform (“you”), these terms of use (the “Terms”) constitute a binding legal agreement between us and you and which governs your use of the Platform. These Terms must be read together with our Privacy Policy which can be found on the Platform.
1.3. By registering on the Platform and then using it , you acknowledge that you have read and accepted these Terms, that you understand, and agree to be bound by these Terms, you are of legal age to form a binding contract with us, and that you have the authority to enter into these Terms.
1.4. We reserve the right to amend these Terms at any time, and any such amendment shall be effective immediately upon the uploading of the amended Terms on the Platform. You are therefore advised to regularly read the Terms for possible changes.
2. ACCOUNT INFORMATION
2.1. In order to become a participant on the Platform, you will need to download the Platform and create an account (“Account”) by providing the following information:
(i) Full date of birth;
(ii) Mobile number; and
(iii) Username.
If you use the Platform in “Guest Mode”, you will not need to create an Account and the only personal information you will need to provide is your full date of birth so that we can verify that you are of legal drinking age.
2.2. You may only register one (1) Account per user.
2.3. Upon completion of the abovementioned information, you will receive a code to your mobile device which you can use to activate your Account.
2.4. You are solely responsible for safeguarding and maintaining the confidentiality of your Account. You agree not to:
(i) share or permit others to use your Account; or
(ii) assign or transfer your Account to any other person or entity.
2.5. Under the “Profile Page” tab in the Platform, you are able to manage your details. You can also delete your Account under this tab.
2.6. You shall be bound by and be responsible for all online activity transmitted or conducted through the use of your Account. We shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of and/ or in connection with the wrongful or fraudulent use of your Account. In the event you suspect your Account has been compromised, you shall immediately contact us.
2.7. Where fraudulent or wrongful use of an Account is detected or suspected, we reserve the right within our sole discretion, without liability, and without prejudice to any other rights and remedies under these Terms or at law, to immediately:
(i) cancel any Chinvitess; and/or
(ii) suspend and/or terminate Account(s).
2.8. When signing up to the Platform and/or activating your Account, you will be given the option to to receive:
(i) notifications associated with any Chinvites created by you or other users on the Platform; and
(ii) SMSs and/or push notifications from us.
2.9. You will ensure that no person under the age of 18 years will have access to your Account and will not under any circumstances create any ChinvitesKs or related activity.
3. USAGE OF PLATFORM
3.1. We reserve the right to change, modify, suspend or discontinue the whole or any portion of the services or Platform at any time. We may also impose limits on certain features or restrict your access to parts or the entire services or Platform without notice or liability.
3.2. You hereby acknowledge and agree that we shall not be responsible for examining or evaluating the venues recommended through the Platform. We are also not responsible for validating or confirming the availability of the venue both regarding availability and operating hours.
3.3. For clarity purposes, we are not the owners of any of the venues and cannot be held liable if any venues are no longer operational, are closed or do not have capacity to accommodate your Chinvites. We only provide the Platform through which you are able to arrange Chinvites.
4. YOUR PROFILE AND ORGANISING A CHINVITE
4.1. On your profile you can:
(i) View upcoming Chinvites; and
(ii) Create Chinvitess.
4.2. You can create a Chinvite from the home page of the Platform by selecting the location(s) for the occasion, its name, desired date(s) and time(s).
4.3. You can filter the location(s) by location type. Three (3) preferred outlets (i.e. outlets which include Heineken products in its portfolio) will be recommended to you based on your preferences such as, for example, proximity, bar type etc. These recommendations have been supported by data collected by us and/or CGA. If no preferred outlets/locations meet your filters, you will be directed to locations regardless of their portfolio offerings. You can also click ‘refresh’ to get further recommendations if the first three (3) are not satisfactory.
4.4. Once you have finalised the details of the Chinvite, if one of the attendees that you have selected to invite to the Chinvite has not downloaded the Platform, the Chinvite can be shared with that attendee via a link which will grant them access to the Chinvite details. There is no limit to the number of attendees.
4.5. Once the Chinvite has been created, the attendees will have a set time period within which to vote on their preferred time slot for the Chinvite.
4.6. Once the Chinvite has begun you can check-in by selecting the ‘Check In’ button to let the other attendees know that you have arrived.
4.7. Chinvites are private and cannot be viewed by other Platform users unless they have specifically been invited to a Chinvite.
5. INTELLECTUAL PROPERTY
5.1. We grant to you a personal, non-exclusive and non-transferrable licence to use the Platform, as well as access to and use of the services available via the Platform, subject to the terms and conditions set out in these Terms.
5.2. The copyright, patents, trademarks, registered designs and all intellectual property rights in the services, the Platform and all content shall vest in and remain with us and our licensors.
5.3. You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:
(i) the services;
(ii) the Platform; and/or
(iii) any materials, information, news, advertisements, listings, pricing, data, audio, video, pictures, graphics, software, and other content, that is made available on or via the Platform or services (collectively referred to as the “Content”).
5.4. You shall not reproduce, display or otherwise provide access to the Platform, services or Content, without our prior written consent.
5.5. Furthermore, you undertake to ensure that:
(i) you do not decompile, reverse engineer or otherwise attempt to discover the source code of any content, except under the specific circumstances expressly permitted by law;
(ii) you do not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Platform or services which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming; and
(iii) where any content is to be up-loaded by the Host or is provided to us by the Host to be uploaded, the Host warrants that all necessary rights and/or authorisations have been previously obtained.
5.6. Any other use of the materials on the Platform, including modification, distribution, or reproduction for purposes other than those noted above, without our prior written permission, is strictly prohibited.
5.7. You acknowledge that we and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material.
5.8. We reserve the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from us.
5.9. The trademarks, logos and service marks ("Marks") displayed on this Platform are our and/or the property of other third parties, and all rights to the Marks are expressly reserved by us and/or the relevant third parties. You are not permitted to use our name or any Marks, including in any advertising or publicity or as a hyperlink, without our prior written consent or the consent of the relevant third party.
5.10. The name of the Platform is and will remain our sole property and you may not use or otherwise adopt a similar name for your own use.
6. DISCLAIMERS & LIMITATIONS
6.1. While we make every effort to ensure that the Platform, services and all content is accurate and complete, we provide the Platform, services and content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. We cannot be held liable for any inaccurate information that you may receive.
6.2. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise including, but not limited to, any limitation, any implied warranty or merchantability, fitness for a particular purpose, compliance with description, or the warranty of non-infringement of third party rights, are hereby disclaimed to the fullest extent permitted by applicable law.
6.3. We do not warrant that the functions contained in or access to the Platform, services, content or other content will be timely, accurate, uninterrupted, error-free, or without omission, or that the Platform, services, or content are free of viruses or other harmful components, or that the download, installation or use of the any Content in or with any device will not affect the functionality or performance of the device.
6.4. You agree that:
(i) access to or the operation of the Platform and/or the services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors; and
(ii) the Platform and services may be subject to limitations, delays, and other problems inherently and in any such event, we shall not be liable for any loss, liability or damage, which may be incurred as a result.
6.5. In no event shall we be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the services, the Platform, the content or any other website or device.
6.6. Notwithstanding any provision to the contrary, in no event shall we be liable for any loss of profits or anticipated earnings or savings, loss of goodwill, loss of use, business interruption, increased cost of working and wasted efforts or expenditure, consequential, indirect, or special damages and all associated legal costs, arising out of and/ or in connection with your use of and/or your inability to use, the services, Platform or content, or any other website or device. We will also not be liable for any loss, damage or injury that may occur at the venue or location that you choose to attend or organise a Chinvite at.
6.7. You agree to indemnify, defend and hold us harmless from and against any and all losses, costs, charges, expenses, damages, claims and liabilities paid, incurred or suffered by us arising out of or in connection with the use of the Platform and services and/or your breach of any of these Terms.
7. SUSPENSION AND TERMINATION
You agree that we have the right in our sole and absolute discretion and without prior notice or liability to:
(i) restrict, suspend, or terminate your access to all or any part of the Platform or services; and/or
(ii) terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason.
8. FORCE MAJEURE
We will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
9. GENERAL
9.1. The invalidity or unenforceability for any reason of any of these Terms shall not prejudice or affect the validity or unenforceability of the remaining parts and each part of Terms is distinct and at all times severable from the rest of these Terms.
9.2. Nothing in these Terms shall be construed to create a relationship and/or partnership and/or agency between you and us.
9.3. Any indulgence on the part of us in respect of any breach of any of the Terms by you shall not constitute a waiver in respect of any such breach or any subsequent breach whether of the nature of otherwise.
9.4. These Terms shall be governed by and construed in accordance with the laws of the Netherlands and you hereby agree to submit to the exclusive jurisdiction of the courts of Amsterdam.
10. COMPANY DETAILS
Should you need to contact us for any reason in relation to these Terms, please use the following contact details:
| Full name | Heineken International B.V |
| Registration number | 33103545 |
| Address | Tweede Weteringplantsoen 21, 1071 ZD, Amsterdam |
| Telephone | +31 20 523 9239 |
| hello@letschinchin.com |