Terms of Voucher Purchase
You must access the Openrice mobile web and/or Mobile application (“Application”) with your mobile device in order to purchase and/or redeem any Voucher.
The Voucher Purchase Service is for personal and non-commercial use only and resale of Vouchers is prohibited. In this Terms of Voucher Purchase, “you” and “User” means any user using the Voucher Purchase Service.
Purchase of Voucher
- You must be at least 18 years’ old and register as a Member pursuant to Clause 2.1 of the Terms and Conditions to set up a membership account (“Account”) with the Channel or being a member of the Third Party Platform to purchase Voucher through the Application.
- The Application enables third-party merchant (“Merchant”) to sell Voucher to User, by accepting credit cards, debit cards and/or other payment methods (“Payment”) via payment processing services operated by third-party vendor/service provider(s) (“Vendor”) made available on the Application (“Purchase” or “Transaction”). A Voucher (“Voucher”) entitles a User who has purchased the Voucher to redeem services and/or products with the Application for use in a restaurant (“Redemption Point”) as designated by the Merchant pursuant to the Terms of Voucher Purchase and the specific terms of the Voucher (“Conditions of Voucher”) as displayed on the Application when the Voucher is purchased.
- To purchase a Voucher, you shall submit valid credit card, debit card account information and/or other information (“Card Information”) as requested by the Company (as defined in the Terms and Conditions ) and/or the Vendor via the Channel to process the Transaction.
- By submitting the Card Information through the Channel, you represent and warrant that (i) you possess legal authority to agree to the Terms of Voucher Purchase; (ii) you are legally authorized to provide the Card Information to purchase the Voucher; and (iii) you are legally authorized to perform the Payment which does not violate any applicable law or regulations.
- By clicking the “Purchase” or “Buy” button, you acknowledge that you have submitted an order to the Company to purchase the Voucher and have accepted the Conditions of Voucher displayed on the Application when the Voucher is purchased.
- The Purchase is completed after the Voucher has appeared on your Account. The Company will also notify you of the completion of purchase of the Voucher by email.
- Risk of loss and title for the Voucher pass to you upon electronic transmission of the Voucher to your Account.
- After you have purchased a Voucher, the Company will notify the applicable Merchant and provide it with your name, mobile telephone no. and/or email address for identification.
- You understand and agree that purchase of any Voucher made through the Channel is non-returnable, non-exchangeable and non-refundable for any reason in any event.
- You understand and agree that:-
- the Company engages Vendor to process payments, manage Card Information and prevent fraud in connection with the Purchase.
- your credit card, payment account or debit card information will be stored with the Vendor and will not be made available to the Company, the Merchant or the Redemption Point.
- the Payment is subject to processing by the Vendor and your paying bank. The Company shall not be liable in any way if the Vendor or the paying bank refuses to process or accept any Payment for any reason.
- the Company shall not be liable for any loss, damage, or liability in the event of any unauthorized disclosure of any Card Information by the Vendor or the paying bank.
- the Company reserves the right to reject processing any Purchase if the Vendor or paying bank rejects or reverses Payment for a Purchase or at the Company’s sole discretion based on any other reason.
Redemption of the Voucher
- You must access the Account with your mobile device and internet connection in order to redeem the Voucher through the Application at the Redemption Point.
- Voucher cannot be reloaded, resold, transferred or redeemed for cash.
- The value of the Voucher must be redeemable in its entirety for a single use at the Redemption Point pursuant to the Conditions of Voucher.
- The Voucher can only be redeemed at the Redemption Point pursuant to the Terms of Voucher Purchase and the Conditions of the Voucher.
- The Voucher must be redeemed within the period of validity stated on the Voucher (“Validity Period”) and you will not be entitled to any refund or credit from the Company or the applicable Merchant for unused Voucher which has expired.
- If a Voucher cannot be redeemed before the end of the Validity Period provided that you have not been in breach of any clause of these Terms of Voucher Purchase and through no fault of yours, you may be entitled to a refund of the purchase price of such Voucher by providing the Company with satisfactory evidence to justify the refund which may be made through such method as determined by the Company. The decision to make a refund is at the Company’s sole discretion, which shall be final and conclusive.
Risk of Loss
- The Company is not responsible if any Voucher is lost, stolen, redeemed or used without your permission.
- The Company reserves the right to, at its sole and absolute discretion, void or re-issue any Voucher and/or close any Account if the Company suspects that a Voucher is obtained, used, or applied to/by an Account fraudulently, dishonestly, unlawfully, or otherwise in violation of the Terms of Voucher Purchase.
- You acknowledge and agree that:-
- the applicable Merchant is the seller of the Voucher and is solely responsible for instructing the Redemption Point to honor the Voucher and provide the service and/or product in accordance with the Conditions of Voucher; and
- the applicable Merchant is solely responsible for the products and/or services provided in connection with the use and redemption of the Voucher and for ensuring compliance with all applicable laws and regulations, including without limitation, laws regulating provision of food and beverage.
- THE COMPANY DOES NOT WARRANT THAT THE APPLICATION OR ANY OTHER CHANNEL WILL OPERATE ERROR-FREE OR THAT THE CHANNEL AND THE COMPANY’S SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF ANY CHANNEL OR THE VOUCHER RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE CHANNEL AND THE VOUCHER ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT PREJUDICE TO THE FOREGOING, ANY IN RESPECT OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENTS, SERVICES, TEXT, GRAPHICS AND LINKS OF THE CHANNELS.
Limitation of the Service & Liability
- The Company reserves the right, at its sole discretion, to edit, modify, share, erase, delete or remove any materials posted on any Channel, for any reason, without giving any prior notice or reason to you. You acknowledge that the Company shall not be liable to any party for any modification, suspension or discontinuance of the Voucher Purchase Service.
- Without prejudice to the above and subject to the applicable laws, the aggregate liability of the Company to you, including for all claims, expenses, damages or obligations under or in connection with your purchase or redemption of Voucher and arising from your use of the Voucher Purchase Service and/or any Channel including the Application shall be limited to (i) HK$100; or (ii) the value of the Voucher upon which liability is based, whichever is higher.
- The Company does not guarantee uninterrupted or continuous access to the any Voucher Purchase Service via any Channel. The Company reserves the right to take any part or the whole of the Channel offline with or without notice for reasons including but not limited to system maintenance or upgrading.
- The Company shall not be liable for any default of obligations or duties directly or indirectly caused by or resulted from any causes beyond the Company’s reasonable control, including but not limited to Internet failure or system default.
- The Company does not represent or guarantee the truthfulness, accuracy or reliability of any Conditions of Voucher posted by Merchant.
- You acknowledge and agree that the Company is not liable to you in relation to the use or redemption of any Voucher and is not responsible for any act or omission of any Merchant and the Redemption Point in connection with the sale, use or redemption of any Voucher, including, without limitation, any failure by any Merchant and/or the Redemption Point to honor any Voucher or the imposition of any terms and conditions on any Voucher including quality, safety, usability or any aspect of the products and/or services provided by the Merchant that violates any applicable laws or regulations. In any event, anything arising therefrom shall be matters entirely between you and the applicable Merchant.
Standard of Liability
- The Company will exercise reasonable care and skill in performing obligations under this Terms of Voucher Purchase.
- Nothing in this Terms of Voucher Purchase shall exclude the Company’s liability which cannot be excluded by applicable laws.
Governing Law and Dispute Resolutions
- The Terms of Voucher Purchase and any dispute or matter arising from or incidental to the use of any Channel shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (hereinafter referred to as "Hong Kong"), unless otherwise specified.
Any dispute, controversy or claim arising out of or relating to the Terms of Voucher Purchase including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the HKIAC Arbitration Rules as at present in force and as may be amended by the rest of this Clause:
- The appointing authority shall be Hong Kong International Arbitration Centre (hereinafter referred to as "HKIAC"); or alternatively, an appointing authority may be appointed by the Company at its sole and absolute discretion in any country which the Company considers as fit and appropriate. Any User(s) who are in dispute with the Company acknowledge(s) and agree(s) that the choice of appointing authority nominated by the Company shall be final and conclusive.
- The place of arbitration shall be in Hong Kong at HKIAC; or alternatively, at any such arbitral body in any country as the Company considers fit and appropriate at its sole and absolute discretion. Any User(s) who are in dispute with the Company acknowledge(s) and agree(s) that the choice of the arbitral body and the place of arbitration nominated by the Company shall be final and conclusive.
- There shall be only one arbitrator.
- The language to be used in the arbitral proceedings shall be English.
- In the event of any breach of the Terms and Conditions by any one party, the other party shall be entitled to remedies in law and equity as determined by arbitration.
Rights of Third Parties
- Except as expressly set forth herein, no person other than the parties to these Terms of Voucher Purchase shall have any right to enforce any term hereof.
- Should there be any inconsistency between the English version and any version in other language, the English version shall always prevail.
- For any query, please click here to contact the Customer Relationship Executive of the Company.