Terms of Service

Last updated

1. Summary

This summary is provided for convenience and does not form part of these terms. EatWhat suggests restaurants, records what you have eaten, and calculates the division of a bill. Suggestions are provided for information only. Restaurant information may be inaccurate. The bill-splitting function is a calculator, and no payment passes through us.

2. The service

EatWhat comprises three functions: the suggestion of a restaurant near you, a record of meals with a photograph and ratings, and the calculation of a bill split. Suggestions are derived from publicly available restaurant information, your own records and weather data. We do not make reservations, we do not act for any restaurant, and no warranty is given that a suggestion will prove suitable.

3. Restaurant information; no dietary or medical advice

Restaurants in Hong Kong change name, address, opening hours and trading status frequently. Restaurant information is obtained from public sources and from reports submitted by users, and no warranty is given as to the accuracy of opening hours, prices, addresses or telephone numbers; you should verify these with the restaurant before travelling. Information about dishes, ingredients and taste is provided to assist selection. It does not constitute nutritional or medical advice and must not be relied upon as allergen information. Enquiries concerning allergens or dietary restrictions must be directed to the restaurant.

4. Accounts

Registration is by Hong Kong mobile telephone number and one-time code. You are responsible for the security of your device and SIM, as any person who receives the code may access the account. The application may be used without an account. On signing out you may elect to retain or to erase the records held on the device; records that have not yet synchronised will not be erased.

5. Your content

Your records, notes, reviews and photographs remain yours. You grant us a limited, non-exclusive licence to store them, to back them up where you have enabled backup, to synchronise them to your own devices, to disclose them to persons you designate, and to compute your insights, in each case for the sole purpose of providing the service. We do not sell your content, use it for advertising, or use it to train models.

6. Bill splitting

We do not receive, transmit or recover money. Amounts displayed are calculated from the information you enter, and settlement entries are records you create rather than payments. An error in calculation should be reported to us and will be corrected. Any dispute as to money is between you and the other participants. A bill link is the sole means of access to that bill, and any person holding it may read the items, amounts and names it contains; links should be distributed accordingly, may be revoked at any time, and expire after thirty days by default.

7. Content submitted by direct message

By submitting a social-media post to us by direct message you confirm that you are entitled to do so, and you consent to its retrieval and to the automated processing described in the privacy policy. Limits apply: twenty submissions per person per day, and each post is processed once only. Content that is neither yours nor publicly available must not be submitted.

8. Prohibited conduct

You must not do any of the following. Where you do, we may apply rate limits, suspend or terminate the account, and report the matter to the police where the circumstances warrant.

  • Extract, copy in bulk, or resell the restaurant database.
  • Impersonate another person, send unsolicited friend requests, or use a bill to obtain money by deception.
  • Submit unlawful, infringing, threatening or harassing content.
  • Circumvent usage limits, or interfere with our servers or with another user's use of the service.

9. Charges

Access to the service, or to particular features of it, may be subject to a charge. Any charge is transacted through the Apple App Store or Google Play, and payment, refunds, taxes and renewal are governed by the rules of the store through which the purchase is made; we do not process card payments and hold no card details. Which features are chargeable, and the amount payable, are stated in the application before a purchase is made, and no charge arises without your confirmation through the store.

10. Liability; changes to the service

To the extent permitted by law, we are not liable for indirect or consequential loss, including in respect of a restaurant that has closed, a suggestion that proved unsuitable, information that was out of date, or a dispute following a bill. Nothing in these terms excludes liability which the law of Hong Kong does not permit to be excluded. Functions may be added, altered or withdrawn, and the application updates itself, so no warranty is given that the service will be available or free from defects. Your data remains capable of export and of deletion in any event.

11. Governing law, language, amendment and contact

These terms are governed by the laws of the Hong Kong Special Administrative Region, and the courts of Hong Kong have jurisdiction in respect of any dispute; nothing in these terms restricts your right to bring a claim before them, or to complain to a regulator. These documents are published in English, and where a translation is provided for convenience the English text governs. We may amend these terms to reflect a change in the service or in the law; the date at the head of this page is the date of the current version, and where an amendment materially affects your rights we will give notice in the application before it takes effect, so that you may stop using the service and delete your account if you do not accept it. Enquiries concerning these terms may be sent to yo@eatwhat.land, and enquiries concerning privacy to privacy@eatwhat.land.

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