Last Revised; April 2024
PLEASE READ THESE TERMS OF USE CAREFULLY. ACCESSING OR USING THIS WEBSITE AND APPLICATION CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED BY CHAGEE FROM TIME TO TIME AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER” OR “YOU”) and Tea Explorer Pte Ltd (“Tea Explorer”) GOVERNING THE USE OF THE WEBSITE AND APPLICATION. IF USER DOES NOT AGREE TO THESE TERMS, USER SHOULD NOT ACCESS OR USE THIS WEBSITE. THESE TERMS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO USER.
These Terms apply to your access to, and use of, all or part of any website or mobile application of Chagee or its subsidiaries and affiliated companies (collectively, “Chagee”), including official website and any other site, mobile application or one service where these Terms are posted (collectively, the “Sites”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Chagee for products, services or otherwise.
If there is any conflict of inconsistency between these Terms and any other terms of use that appear on the Sites, these Terms will govern. However, if you navigate away from the Sites to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site. If you log in, access, or use the Service and/or communicate through the Service’s WhatsApp account, you shall be deemed as having read the Terms in the company of your statutory guardian and pay attention to the terms concerning use by minors.
This Agreement constitutes a legally binding agreement between you and Tea Explorer Pte LTD (202347079N) ("Company"). By using the Service and downloading, installing, or using any associated software supplied by the Company (“Software”) to access and use the Service, you expressly acknowledge and agree to be bound by the Terms (as may be amended from time to time).
Please note that the Company reserves the right to modify, update or revise these Terms at any time, and such modifications, updates or revisions shall be effective upon their posting on the Service. The Company will provide one (1) month prior written notice of any modification, update or revision to these Terms following which your continued use of the Service will be deemed to constitute your acceptance of the revised Terms. It is your responsibility to review these Terms regularly to ensure that you are aware of any changes. If you do not agree to any modifications, updates, or revisions to these Terms, you must immediately stop using the Service.
In the event that there is any conflict or inconsistency between these Terms and any other terms of use that appear on the Sites, these Terms will govern. However, if you navigate away from the Sites to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site.
While we make reasonable efforts to provide accurate and timely information about Chagee on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information about Chagee.
Warranties
Chagee is providing the sites to the user “as is” and the user is using the sites at his or her own risk. To the fullest extent allowable under applicable law, Chagee disclaims all warranties, whether express or implied, including any warranties that the sites are merchantable, reliable, available, accurate, fit for a particular purpose or need, non-infringing, free of defects or viruses, able to operate on an interrupted basis, that the use of the sites by the user is in compliance with laws applicable to the user, or that user information transmitted in connection with the sites will be successfully, accurately, or securely transmitted or received. The materials and information on the sites may include technical inaccuracies or typographical errors. Notwithstanding the foregoing, none of the disclaimers in the paragraph shall apply to warranties related to personal injury.
Information
You further acknowledge and confirm that all the information provided by you to the Company is true and accurate. You hereby agree to provide the Company with accurate, current, and complete information as required for the Service, and shall be responsible for updating your information in a timely manner to keep it accurate, current, and complete at all times. You further agree that the Company may rely on your information as accurate, current, and complete. If your information is found to be untrue, inaccurate, not current, or incomplete in any respect, the Company shall have the right, but not the obligation, to terminate your rights use of the Service at any time with or without notice.
Functionality Requirements
Certain functionality of the application in relation to the Service (“Application”), may require the transmission of your information, including but not limited to your name, password, address, email address, financial information (such as credit card numbers), International Mobile Equipment Identity number accessed in your device, phone-book information, information related to your membership Account or GPS location (collectively, "User Information"). By using such functionality of the Application, you hereby consent to the transmission of the User Information to the Company, its agents and/or service providers, and authorise the Company, its agents and/or service providers to record, process, and store such User Information as necessary for the Application’s functionality. You shall be solely responsible for maintaining the confidentiality and security of any User Information transmitted from or stored on your device for purposes of the Application, the provision of the Service, and for all transactions and other activities undertaken by you registered in your name, whether authorised or unauthorised.
Personal Use
Your use of the Service is for your own sole and personal use. You undertake not to authorise others to use your identity for the Service. When using the Service, you agree to comply with all applicable laws.
Authorised Access
You may only access the Service using authorised means, and you are solely responsible for checking and ensuring that you have accessed the correct Software and/or Application for your device. The Company shall not be liable in any manner whatsoever if you do not have a compatible device or if you have downloaded the wrong version of the Software and/or the Application to your device. The Company reserves the right to refuse your use of the Service should you use the Software and/or the Application with an incompatible or unauthorised device, or for purposes other than which the Software and/or the Application is intended to be used.
Software & Application
By utilizing the Service, the Software, and/or the Application, you hereby agree to the following terms:
a) You shall solely utilise the Service for the intended purpose for which it was designed;
b) You shall not employ the Software and/or the Application for any fraudulent, deceptive, or illegal purposes;
c) You shall not employ the Software and/or the Application to cause any form of nuisance, annoyance, or inconvenience;
d) You shall not utilise the Service and/or the Application for any purpose other than purchasing the Company's beverages, meals, goods, and services;
e) You shall not engage in any activity that may harm the Software and/or the Application in any manner;
f) You shall not reproduce or distribute the Software and/or the Application or any other content without the Company's prior written consent;
g) You shall only utilise the Software and/or the Application for personal use and shall not resell it to any third party;
h) You shall be solely responsible for maintaining the security and confidentiality of your login/account username, password, or any identification provided by us that grants access to the Service;
i) You shall not employ any means of defrauding the Company, whether fraudulent or otherwise, during any event, promotion, or campaign organized by the Company;
j) You hereby acknowledge that the Service is provided on a reasonable effort basis; and;
k) You may only use the Software and/or the Application for personal, non-commercial purposes, and shall not use it to (i) transmit spam or other unsolicited or duplicative messages, (ii) transmit material containing harmful computer code, files, scripts, agents, or programs, including but not limited to software viruses, worms, or Trojan horses, (iii) introduce viruses or any other computer code, files, or programs that may disrupt or destroy the functionality of any computer software, hardware, or telecommunications equipment, (iv) damage, disable, overburden, or impair the Company's servers or networks, (v) interfere with or disrupt the performance or integrity of the Software and/or the Application or the data contained therein, (vi) attempt to gain unauthorised access to the Company, the Software and/or the Application, its related systems or networks, or other users' accounts, (vii) engage in conduct that constitutes a criminal offence or gives rise to civil liability, (viii) violate these Terms of Use, or (ix) fail to comply with any applicable third-party terms, (x) impersonate any individual or entity or otherwise misrepresent your affiliation with any individual or entity, or (xi) cause or permit any conduct that may damage the Company's reputation or be considered disreputable.
Restrictions
a) You agree to bear full responsibility and legal liability for any loss or damage suffered by yourself, the Company or any third party resulting from any breach of the Terms.
b) You are prohibited from using the Software, Application and/or Service in violation of any law, statute, ordinance, or regulation, or to encourage, promote, facilitate, or instruct others to engage in illegal activities.
c) You must not post, publish, and/or send (i) any adult media depicting or related to illegal activities, such as child pornography, rape, incest, etc., and (ii) hate, violence, harm, or intolerance in any form, and (iii) harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party.
d) You must not send or store infringing, obscene, threatening, libellous, or otherwise illegal or tortious materials, including but not limited to materials that are harmful to children or violate third-party rights (including but not limited to rights of publicity or other proprietary rights).
e) You must not use the Software, Application and/or Service to circumvent any applicable laws, remove copyright protections, infringe, or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of Singapore or any jurisdiction.
Licence
The Company, and its licensors, where applicable, hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited licence to use the Application, subject to the Terms. All rights not expressly granted to you are reserved by the Company and its licensors. You agree that you shall not:
a) licence, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software and/or Application in any way;
b) modify or make derivative works based on the the Software and/or the Application;
c) create internet "links" to the Application or "frame" or "mirror" the Software on any other server or wireless or internet-based device;
d) reverse engineer or access the Software to: (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions, or graphics of the Software and/or Application, or (iii) copy any ideas, features, functions, or graphics of the Software and/or Application;
e) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Software and/or Application;
f) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
g) post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
h) operate the Software and/or Application on jailbroken or rooted mobile devices; or
i) remove any copyright, trademark, or other proprietary rights notices contained in the Service.
Ownership of Intellectual Property
The Software and/or Application, including all related intellectual property rights and its respective components, processes, and design in their entirety, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Service shall be owned by the Company.
This Agreement does not convey any rights of ownership in or related to the Service, the Software and/or Application, or any intellectual property rights owned by the Company and/or its licensors, and it is not a sale agreement.
The Company's trademarks, service marks, logos, and trade names associated with the Service, the Software and/or Application are the exclusive property of the Company and/or its licensors. No right or licence is granted to use them without the prior written consent of the Company.
Termination
This Agreement may be terminated immediately with or without notice by either party. If you violate any of the Terms, this Agreement will terminate immediately. The Company may also, in its sole discretion, terminate any licences granted under this Agreement, your ability to use the Service, and/or delete or remove your content or take legal action with respect to your content or use of the Application, Software, and/or Service if the Company believes that you are or might be in violation of this Agreement. However, the Company's failure or delay in taking such actions does not constitute a waiver of its rights to enforce this Agreement.
For the Company to comply with the Corruption, Drug Trafficking, and Other Serious Crimes Act 1992 (“CDSA”), you may be required to provide the Company with data to establish and verify your identity during the subscription and use of the Application, as well as on an ongoing basis. You agree that the Company and its licensors may use the data provided to establish your identity, implement an ongoing monitoring program to ensure compliance with AMLA provisions, and comply with applicable anti-money laundering and counter-terrorism financing laws. The Company may also share the data internally with its licensors and third-party outsourcers, as well as transfer and report the data and your transactions to banks and other regulators and law enforcement agencies, as deemed appropriate by the Company.
Indemnification
By using the Service and agreeing to the Terms, you agree to defend, indemnify, and hold harmless the Company, its licensors, and each party's parent organisations, subsidiaries, licensors, officers, directors, members, employees, attorneys, and agents from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees on solicitors client basis) arising from your use or misuse of the Service ,Software, and/or Application, violation of these Terms, or violation of any third party rights. The Company reserves the right to assume the exclusive defence and control of any matter subject to indemnification, and you will cooperate in asserting any available defences. If a third-party claims that the Service, Software and/or Application or your possession and use of the Service, Software and/or Application infringes their intellectual property rights, the Company will be solely responsible for investigating, defending, settling, and discharging any such intellectual property infringement claim.
The Company is making available the Service, Software and/or Application to you on "as is," and your use of them is entirely at your own risk. To the maximum extent permitted by applicable law, the Company disclaims all express or implied warranties and conditions, including any warranty or condition of merchantability, satisfactory quality, timeliness, reliability, security, accuracy, fitness for a particular purpose, non-infringement, or freedom from defects, errors, viruses, or other harmful components, or that the Service, Software and/or Application will operate without interruption or comply with all applicable laws. Furthermore, the Company does not guarantee that your use of the Service, Software and/or Application，will successfully, accurately, or securely transmit your information or meet your expectations, requirements, or any applicable laws. The Company also does not warrant that any stored data will be accurate or reliable, or that any products, services, information, or rewards obtained through the Application will meet your expectations or requirements, or that any errors or defects in the Software and/or the Application will be corrected. To the extent allowed by Singapore law, all such warranties and conditions are hereby excluded.
The Service, Software and/or Application may have inherent limitations, delays, and other issues that arise due to the use of the internet and electronic communications, including problems related to faulty devices, connectivity issues, out-of-range mobile signals, or malfunctioning devices. The Company is not responsible for any delays, delivery failures, damages, or losses resulting from such issues.
No Liability
To the maximum extent permitted by law, the Company will not be held liable for any claims, losses, damages, data loss, costs, or expenses (whether direct or consequential) that you incur or suffer because of your use of the Service, Application, and/or Software. The Company will not be held liable for: (a) any loss of income, business, goodwill, or profits arising from this Agreement; (b) any unauthorized access or alteration of CHAGEE Wallet; (c) any consequences resulting from any delay or mistake relating to the use of CHAGEE Wallet caused by circumstances beyond the Company’s control; (d) any loss or damage that was not caused by the Company’s breach of this Agreement or its legal duty of care; (e) any loss or damage that was not a reasonably foreseeable result of the Company’s breach of this Agreement or its legal duty of care. Loss or damage is considered "reasonably foreseeable" if such loss was anticipated by the Company and you at the time of entering into this Agreement; or (f) any loss or damage suffered by you due to your failure to take reasonable precautions against such loss or damage or for breaching this Agreement.
Notice
The Company may provide notice to you through a general notice posted on the Application, its website, or social media channels, or via mobile messaging services or electronic mail to your email address as recorded by the Company, or through written communication sent via registered mail or pre-paid post to your address as recorded by the Company. Such notice will be deemed to have been given immediately when it is provided through the Company’s website or the Application, or upon the expiration of 48 hours after mailing or posting (if sent via registered mail or pre-paid post), or 1 hour after sending (if sent via mobile messaging service or email). You may provide notice to the Company (such notice will be deemed received by the Company upon receipt) by sending a letter via courier or registered mail to the Company's contact details as provided in the Application.
Severability and Survival
Except as otherwise provided herein, if any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Final Provisions
This Agreement, as constituted by the Terms as modified from time to time, may not be assigned by you without the prior written approval of the Company, but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.
The Terms and the use of the Service do not create any joint venture, partnership, employment, or agency relationship between you, the Company, or any third-party provider.
If any provision of the Terms is found to be invalid or unenforceable, such provision shall be deemed to be modified to the extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.
The failure or delay of the Company to exercise any right or remedy under the Terms of Use shall not be construed as a waiver of such right or remedy, and any waiver of such right or remedy must be in writing and signed by the Company.
