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TERMS OF USE AGREEMENT

    Last updated on 10 January 2022

    IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS ("TERMS"). THEY CONTAIN LIMITATIONS ON OUR COMPANY'S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.

    By installing, accessing or using any websites, mobile apps, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with Fonz Co., Ltd.. (“Fonz Co., Ltd.”, “we” or “us”). In the singapore , which it controls and operates from its headquarters at:

    長野県北佐久郡軽井沢町軽井沢1075-47
    singapore

    By accepting these terms, you also understand and consent to our company's Privacy Policy (“Privacy Policy”) also referred to as Privacy Statement, which is incorporated into, and part of, this agreement. Our Privacy Policy describes how we collect, use and share information.

    The online services are not intended to be used by, or targeted to, anyone under the age of 14. You must be at least 14 years old to use the online services. If you are at least 14 but not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.

    If you or your parent or guardian do not agree to these terms, then you must immediately stop using the online services and request that our company delete this online services account that you have created. You can request account deletion by sending email to

    Please include the email address of the account that you want deleted.

    If you have any other request pertaining to how our company collect, use or disclose your personal data, which is not covered in our Privacy Policy, you may contact our Data Protection Officer at or alternatively you may write to us at the below address:

    長野県北佐久郡軽井沢町軽井沢1075-47
    singapore
    Fonz Co., Ltd.
    Attention: Data Protection Officer

    1. About the online services.

    Availability of products and services. Our company's products and services are available in many parts of the world. However, the online services may describe products and services that are not available worldwide.

    Obey the rules of the road. Whenever you use the online services, you must obey the rules of the road and all applicable rules and regulations. YOU MUST NOT USE THE ONLINE SERVICES WHILST DRIVING OR WHILST BEHIND THE WHEEL OR CONTROLS OF A VEHICLE THAT IS MOVING OR NOT IN “PARK”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.

    You are responsible for your devices and accounts. You are responsible for any devices, software and services needed to use the online services. Our company does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system (e.g., Apple iPhone OS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.

    Our company's right to update or terminate the online services. You understand and consent that (with or without notice) our company may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any our company mobile app that you have installed on your device.

    Updates to these terms. Our company may also update these terms at any time and at its sole discretion. If our company makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that our company delete this online service account that you have created. To delete your account, you can visit us at

    Independent businesses own and operate some restaurants. Whilst our company operates and controls the online services, it is not responsible for the operation of some restaurants. Some restaurants are instead owned and operated by independent franchisees of our company and some are operated by our company subsidiaries (such franchisees and subsidiaries are together, “restaurants”). Each restaurant is independently responsible for its legal and regulatory compliance, for any issues relating to the supply of the products to you, and for any employment related matters in the restaurant. The full name and address of the restaurant owner can be found on your receipt.

    Links to job opportunities from the online services. Our company and all restaurants are equal opportunity employers committed to diverse workforces. The online services may provide links to job opportunities posted by our company or by restaurants. These opportunities are with the restaurant alone. This means that the restaurant that posted the opportunity is alone responsible for setting the job requirements, all hiring decisions, and all other employment related matters in its business. If you are hired by a restaurant that is a franchisee, only that franchisee, and not our company, will be your employer.

    How to contact us. If you have any questions or comments regarding the online services, please see the Contact Us section in the online services or you can always visit us at https://shopapp.as4.monoedge.ai/static/img/upload/location/location_3bf15a68d49eb83ae631a0a9915433c4/img_bf5020011a51470f9926afe8a4da6426_suju12.JPGcontact-us/

    2. Our information practices and communications with you.

    Privacy Policy. These terms incorporate our Privacy Policy as part of the terms. Our Privacy Policy describes our information practices, including how we collect, use and share information.

    How we communicate with you. Through the online services, you may opt in to receive emails, text messages to the mobile number you provide to us or push notifications from our company. When you opt in to any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from our company. Our company may use the information you have provided to us to communicate with you in accordance with our Privacy Policy.

    Opting out of communications generally. You can generally find your communication preferences with instructions on how to opt out in the profile section of the online service that you use. You may have the ability to change your communication preferences using your device settings amongst others. In addition, our communications themselves may include the opportunity to opt out. You understand and agree that you may need to separately manage your communication preferences for each communication method. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. Whilst we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to delete your online services account. Lastly, please note that if you are receiving communications from an our company franchisee, then you will need to opt out from them directly. For avoidance of doubt, a written request to delete your account takes 30 days to process.

    3. Offers.

    You have the possibility of receiving offers through the online services. The following general terms apply to the offers: (1) the offer may only be available through that particular online service and for the product shown and subject to availability, in participating restaurants only, and until the expiration date; (2) serving times apply (e.g., certain non-breakfast offers may not be available at breakfast serving times); (3) unless otherwise stated each offer expires on redemption; (4) only one offer can be used per restaurant visit; (5) offers are not transferable; and (6) there is no cash alternative. In addition there may be specific terms that apply to the offer which are stated on the app next to the offer. Not all offers may be combined with orders.

    About the products in the online services. All products are subject to availability at the restaurant where you collect your order. Some restaurants do not sell all products. Images of products and packaging on the online services are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due your device’s display of colours or factors such as the ingredients used, the supplier, the region of the country and the season of the year.

     

    About the prices in ordering. Each restaurant independently determines its own prices and independently applies the local sales tax rate or any fees required by law. Prices include prevailing Goods and Services Tax (“GST”) at the current rate of 7% (“9% between 2021 and 2025”) or such other Tax and/or rate as may be determined by local law from time to time. Certain offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of the product charged to you, please contact the restaurant where you purchased the product to seek a refund of the difference.

    Refunds and your consumer rights. If you desire to seek a refund for any reason, including if the products are unsatisfactory or for other reasons, please contact the restaurant where you purchased the product regarding any refund due to you. Your legal rights in this respect are not affected by anything in these terms.

    4. Ownership and Licenses for the online services.

    Our company intellectual property ownership. Any and all rights in the online services are and shall remain the exclusive property of our company or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Our company or its licensors’ rights.

    Your license to use the online services. Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes solely in accordance with these terms. For purposes of clarity, “Use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. Our company reserves all other rights.

    Trademark information. Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of our company or licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

    5. User submissions and unsolicited ideas

    User submissions. Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to our company through the online services (together, "submissions"). You understand that by submitting any information to our company through the online services, you grant our company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. Our company will not be required to treat any submissions as confidential.

    Unsolicited ideas. It is our company's policy not to consider unsolicited ideas. You expressly waive any and all claims against our company and members of our company in connection with our company's consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future.

    6. Acceptable uses and restrictions for the online services.

    Acceptable uses and other restrictions. With respect to the online services (which includes content), you may not, and may not allow third parties, to:

    1. Use the online services for any purpose that is unlawful or prohibited by these terms;
    2. Delete or change any copyright, trademark, or other proprietary notices;
    3. Attempt to obtain ownership or title to the online services, including the content;
    4. Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
    5. Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;
    6. Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
    7. Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations you also represent and warrant that you are not in contravention of any Singapore laws or regulations including, but not limited to, the Prevention of Corruption Act Chapter (241).
    8. Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
    9. Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, our company's network or any user accounts associated with the online services.

    7. Limitations on liability and disclaimers.

    Limitations on our company's liability. NEITHER OUR COMPANY NOR ANY OTHER MEMBERS OF OUR COMPANY SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE ONLINE SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT OUR COMPANY'S LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY OUR COMPANY'S OWN NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW. Our company reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.

    Our company provides the online services "AS-IS" and without any warranties. The online services may include inaccuracies or errors. OUR COMPANY PROVIDES THE ONLINE SERVICES "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. OUR COMPANY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST OUR COMPANY AND ALL OTHER MEMBERS OF OUR COMPANY FOR DISSATISFACTION WITH THE ONLINE SERVICES IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

    Third party services. The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, "third party services"). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Our company does not endorse and is not associated with any of these third party services. OUR COMPANY AND ALL OTHER MEMBERS OF OUR COMPANY HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES.

    Events beyond our control. OUR COMPANY HAS NO RESPONSIBILITY FOR OUR COMPANY'S FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS CAUSED BY OR RELATED TO ANY EVENT BEYOND OUR COMPANY'S REASONABLE CONTROL. If such an event occurs, then our company's obligations under these terms will be suspended for the duration of the event; and our company may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

    Governing Law and Jurisdiction. Arising out of the services you shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law. You irrevocably submit to the exclusive jurisdiction of the courts of Singapore for the purpose of any suit, action or other proceeding related to or arising out of this Agreement.

    8. Miscellaneous.

    • Our company makes no representation that the online services are appropriate or available outside of Singapore. If you use the online services from other locations you are responsible for compliance with applicable local laws.
      Governing Law and Jurisdiction. These terms shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law. You irrevocably submit to the exclusive jurisdiction of the courts of Singapore for the purpose of any suit, action or other proceeding related to or arising out of the services.
    • The terms are written in English. Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English version controls.
    • On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all of rights of our company and other members of our company, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well all restrictions on use, all limitations on liability and disclaimers.
    • Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
    • If our company fails to insist that you perform any of your obligations under these terms, or if our company does not enforce its rights against you, or delays in doing so, that will not mean that our company has waived its rights against you and will not mean that you do not have to comply with those obligations.
    • Our company may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if our company agrees in writing.
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