Shihlin XXL Card

TERMS OF USE

TERMS OF USE (COMPRISING MOBILE APPLICATION TERMS OF USE AND SHIHLIN XXL CARD AND MEMBER ACCOUNT TERMS OF USE)

Last Updated: 17 February 2017

Policy ("Policy") describes how Shihlin Taiwan Street Snacks and its parent and other affiliated companies ("Shihlin Taiwan Street Snacks") collects, uses and discloses personal information of customers through our websites and online services, including http://XXL.ShihlinSnacks.com.tw, mobile applications, and other Shihlin owned or operated websites and online services that link to this Policy (collectively, the "Sites"), through our programs and in our physical stores ("Services"). Websites and services co-branded with other partners may display or link to a joint privacy statement or separate privacy statements of our partners in addition to our Policy. By accessing the Sites or utilising the Services, you hereby consent to the use of your information, including your personal information, in the manner described in this Policy. Without limiting the generality of the foregoing, you authorise Shihlin Taiwan Street Snacks to transmit your information anywhere in the world in the manner and for the purposes described in this Policy.

A. MOBILE APPLICATION TERMS OF USE

USE OF THIS MOBILE APPLICATION (THIS "APPLICATION") CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE ("TERMS"). AS SUCH MAY BE REVISED BY SHIHLIN TAIWAN STREET SNACKS FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER ("USER") AND SHIHLIN TAIWAN STREET SNACKS ("SHIHLIN TAIWAN STREET SNACKS") GOVERNING THE USE OF THE APPLICATION. BY DOWNLOADING OR INSTALLING THIS APPLICATION USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS USER SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY.

A1. ELIGIBILITY

The Application may only be used by individuals aged thirteen (13) years or older. If the User is thirteen (13) years or older but under the age of eighteen (18) years, User should obtain permission and review these Terms with User's parent or guardian to make sure the User and User's parent or guardian understand them.

A2. APPLE AND GOOGLE TERMS AND CONDITIONS

These Terms supplement and incorporate (a) in case the Application is distributed through Apple, Inc.'s ("Apple") system, Apple's Terms and Conditions (www.apple.com/legal/itunes/us/terms.html#service) including, without limitation, the Licensed Application End User License Agreement provided therein ("Apple Terms"); and (b) in case the Application is distributed through Google Inc's ("Google") system, Google Play Terms of Service (located at http://play.google.com/about/play-terms.html) ("Google Terms"). If any of the provisions of the Apple Terms or Google Terms conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.

A3. USER LICENSE

Subject to these Terms, Shihlin Taiwan Street Snacks grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal and/or non-commercial use only on an Apple iPhone, iPad or iPod Touch or an Android device (each a "Device") owned or controlled by User as permitted by the Apple Terms or the Google Terms and in accordance with these Terms ("User License"). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application ("Content") is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

A4. USER INFORMATION

Some functionality of the Application such as location based services and functionality, may require the transmission of information provided by the User including but not limited to user names and passwords, addresses, e-mail addresses, the International Mobile Equipment identity number accessed in the User's Device, phone-book information, information related to the Shihlin XXL Card or GPS location ("User Information"). If the User uses such Application functionality, the User consents to the transmission of User Information to Shihlin Taiwan Street Snacks, its agents and/or service providers and authorizes Shihlin Taiwan Street Snacks, its agents and/or service providers to record, process and store such User Information as necessary for the Application functionality.

The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Application, for all transactions and other activities undertaken with any Shihlin XXL Card registered in the User's name, whether authorized or unauthorized. The User agrees to immediately notify Shihlin Taiwan Street Snacks of any unauthorized transactions associated with the Application or any other breach of security. Shihlin Taiwan Street Snacks shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Application.

A5. ACCEPTABLE USE

Use by the User of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. The User agrees that his or her use of the Application and any Content must comply with these Terms. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access the Application, Shihlin Taiwan Street Snacks Website or Content that is not authorized by Shihlin Taiwan Street Snacks; (d) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Application, Shihlin Taiwan Street Snacks Website or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Shihlin Taiwan Street Snacks computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair Shihlin Taiwan Street Snacks servers or networks; or (j) fails to comply with applicable third party terms (collectively "Acceptable Use"). Shihlin Taiwan Street Snacks reserves the right, in its sole discretion, to terminate any User License, terminate any User's participation in Online Payment, remove Content or assert legal action with respect to Content or use of the Application, including Online Payment, that Shihlin Taiwan Street Snacks reasonably believes is or might be in violation of these terms of Acceptable Use or Shihlin Taiwan Street Snacks Policies including the Shihlin Card Terms and Conditions, but Shihlin Taiwan Street Snacks failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms. Use by the User of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. The User agrees that his or her use of the Application and any Content must comply with these Terms and the Shihlin Taiwan Street Snacks Policies. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access the Application, Shihlin Taiwan Street Snacks Website or Content that is not authorized by Shihlin Taiwan Street Snacks; (d) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Application, Shihlin Taiwan Street Snacks Website or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Shihlin Taiwan Street Snacks computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair Shihlin Taiwan Street Snacks servers or networks; or (j) fails to comply with applicable third party terms (collectively "Acceptable Use"). Shihlin Taiwan Street Snacks reserves the right, in its sole discretion, to terminate any User License, terminate any User's participation in Online Payment, remove Content or assert legal action with respect to Content or use of the Application, including Online Payment, that Shihlin Taiwan Street Snacks reasonably believes is or might be in violation of these terms of Acceptable Use or Shihlin Taiwan Street Snacks Policies including the Shihlin XXL Card Terms and Conditions, but Shihlin Taiwan Street Snacks failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

A6. INDEMNIFICATION

At Shihlin Taiwan Street Snacks request, the User agrees to defend, indemnify, and hold harmless Shihlin Taiwan Street Snacks and its parent and other affiliated companies, and their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from the User's use or misuse of the Application, violation of these Terms or violation of any rights of a third party. Shihlin Taiwan Street Snacks reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. In the event of any third party claim that the Application or User's possession and use of the Application infringes that third party's intellectual property right, Shihlin Taiwan Street Snacks, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

A7. NO WARRANTIES

SHIHLIN TAIWAN STREET SNACKS IS PROVIDING THE APPLICATION TO THE USER "AS IS" AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, SHIHLIN TAIWAN STREET SNACKS DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS THAT THE APPLICATION IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ERRORS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION (INCLUDING AS PART OF ONLINE PAYMENT) WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.

A8. NO LIABILITY

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SHIHLIN TAIWAN STREET SNACKS AND ITS PARENT AND OTHER AFFILIATED COMPANIES (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION PARTICIPATION IN ONLINE PAYMENT; AND (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR DEVICE FAILURE OR MALFUNCTION. THE USER'S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION OR TO CEASE PARTICIPATION IN ONLINE PAYMENT. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT (BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW) SHALL THE AGGREGATE LIABILITY OF SHIHLIN TAIWAN STREET SNACKS AND ITS PARENT OR OTHER AFFILIATED COMPANIES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION EXCEED ANY COMPENSATION THE USER PAYS, IF ANY, TO SHIHLIN TAIWAN STREET SNACKS FOR ACCESS TO OR USE OF THE APPLICATION DURING THE SIX MONTHS PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.

A9. MARKS, APPLICATION AND CONTENT

SHIHLIN TAIWAN STREET SNACKS, the Shihlin Taiwan Street Snacks logo, and other Shihlin Taiwan Street Snacks trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of Shihlin Taiwan Street Snacks (collectively ''Shihlin Taiwan Street Snacks Marks''). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively "Third Party Marks"). The Shihlin Taiwan Street Snacks Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Shihlin Taiwan Street Snacks or the applicable trademark holder.

A10. GOVERNING LAW AND JURISDICATION

These Terms are governed by the laws of Singapore (unless otherwise stipulated by Shihlin Taiwan Street Snacks), without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The User irrevocably consents to the exclusive jurisdiction of the courts of Singapore (unless otherwise decided by Shihlin Taiwan Street Snacks) for purposes of any legal action arising out of or related to the use of the Application or these Terms.

A11. CHANGES

Shihlin Taiwan Street Snacks reserves the right to change or modify these Terms or any other Shihlin Taiwan Street Snacks policies related to use of the Application at any time and at its sole discretion by posting revisions on the Shihlin Taiwan Street Snacks Website. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.

A12. SEVERABILITY

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.

B. SHIHLIN XXL CARD AND MEMBER ACCOUNT TERMS OF USE

Please note that Shihlin Taiwan Street Snacks ("Shihlin Taiwan Street Snacks" or "we" or "us"), the holder of the Shihlin XXL Card stored value facility, does not require the approval of the Monetary Authority of Singapore. Consumers (users) are advised to read the terms and conditions carefully.

B1. ABOUT YOUR SHIHLIN XXL CARD

The Shihlin XXL Card is issued to you by Shihlin Taiwan Street Snacks. It allows you to load a monetary value on to your Shihlin XXL Card for future purchases at participating Shihlin Taiwan Street Snacks stores. The Shihlin XXL Card is to be treated like cash. The monetary value that you load onto your Shihlin XXL Card is a pre-payment only for the goods and services of participating Shihlin Taiwan Street Snacks stores. No credit card, credit line, overdraft protection or deposit account is associated with a Shihlin XXL Card. No interest, dividends or any other earnings on funds loaded on to a Shihlin XXL Card will accrue or be paid or credited to you by Shihlin Taiwan Street Snacks. We reserve the right not to accept any Shihlin XXL Card or otherwise limit use of a Shihlin XXL Card if we reasonably believe that the use is unauthorised, fraudulent or otherwise unlawful.

B2. LOADING VALUE ON YOUR CARD

You can purchase and load value onto a Shihlin XXL Card by using cash only by visiting any participating Shihlin Taiwan Street Snacks stores. A minimum initial loading amount (varies from country to country) is required and subsequent loadings will not be subjected to a minimum. Shihlin Taiwan Street Snacks may change these minimum amounts at any time by notifying you at the point of sale or on the Shihlin Taiwan Street Snacks website or Shihlin XXL Card member website and such change shall not constitute an amendment to this agreement.

B3. FEES AND EXPIRY DATE

Shihlin Taiwan Street Snacks does not charge you any fees for the issuance, activation, use or reloading of your Shihlin XXL Card. Your Shihlin XXL Card will expire two (2) years after the last date of transaction. To maintain the validity of your Shihlin XXL Card, use it at least once every two (2) years.

B4. RECEIPTS AND STATEMENTS

Cardholders are not sent statements of itemised transactions from a Shihlin XXL Card account. You can check the balance of your Shihlin XXL Card or recent transactions of your Shihlin XXL Card at the Shihlin XXL Card member website at http://XXL.ShihlinSnacks.com.tw or on our mobile application. When you use your Shihlin XXL Card at a participating Shihlin Taiwan Street Snacks store, you will receive a receipt if you request for one. The receipt will indicate that the purchase was made using a Shihlin XXL Card.

B5. CARD ACCOUNT AND REDEMPTION

Once you have loaded the minimum initial amount (varies from country to country) into your Shihlin XXL Card for the first time, your Shihlin XXL Card is activated and can be used at any participating Shihlin Taiwan Street Snacks stores. Additionally, the Shihlin XXL Card can be registered with a Shihlin XXL member account at the Shihlin XXL Card member website at http://XXL.ShihlinSnacks.com.tw. Registered Shihlin XXL Card members may enjoy additional benefits.

B6. ELIGIBILITY OF BIRTHDAY REWARD

You will have to register your Shihlin XXL Card at the Shihlin XXL Card member website at http://XXL.ShihlinSnacks.com.tw before the last working day of your birthday month in order to be eligible for the birthday reward.

B7. REFUND

There will be no refund of the balance value in your Shihlin XXL Card at any time. You are responsible for the safety and usage of your own card. This include all transactions associated with your Shihlin XXL Card, including unauthorized transactions.

B8. COMPLAINT HANDLING

We reserve the right to correct the balance of your Shihlin XXL Card account if we believe that a clerical, billing or accounting error has occurred. We will have no liability for any billing error unless you provide us notice within seven (7) days of the date of the transaction in question.

B9. CHANGES TO THIS AGREEMENT

We may amend the terms of this agreement at any time for security, legal, regulatory or valid business reasons. Any change, addition or deletion will become effective at the time we post the revised agreement to our website. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Shihlin XXL Card. If you do not accept the changes, additions or deletions, your Shihlin XXL Card will be cancelled and any amounts remaining in your Shihlin XXL Card will not be refunded.

B10. CANCELLATION OF THIS AGREEMENT

We may suspend or terminate this agreement at any time by giving you reasonable prior notice. We need not, however, give you notice where we have serious grounds for considering that immediate termination is required (e.g. if we reasonably suspect fraudulent or unauthorised use of the Shihlin XXL Card).

B11. GOVERNING LAW

This agreement is governed by the laws of Singapore (unless otherwise decided by Shihlin Taiwan Street Snacks), without regard to conflict of laws rules.

B12. DISCLAIMER AND LIMITS OF LIABILITY

Shihlin Taiwan Street Snacks does not represent or warrant that your Shihlin XXL Card will always be accessible or accepted at participating Shihlin Taiwan Street Snacks stores.

In the event that Shihlin Taiwan Street Snacks is held liable to you under this agreement, you will be entitled to recover from us your actual damages, up to the last balance held in your Shihlin XXL Card in question.

Shihlin Taiwan Street Snacks will not be liable to you for any loss of income, business, goodwill or profits arising out of this agreement; any unauthorised access to or alteration, theft or destruction of your Shihlin XXL Card; the consequences of any delay or mistake relating to the use of your Shihlin XXL Card caused by any circumstances beyond our control; any loss or damage which was not caused by our breach of this agreement or breach of our legal duty of care; any loss or damage which was not a reasonably foreseeable result of either our breach of this agreement or breach of our legal duty of care. Loss or damage is "reasonably foreseeable" if, at the time we entered into this agreement, such loss was contemplated by you and by us; or any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage.

B13. ENTIRE AGREEMENT; CONSTRUCTION

All correspondence entered into under this agreement will be in the English language. This agreement is the complete and exclusive statement of agreement between you and Shihlin Taiwan Street Snacks and supersedes all prior proposals and all other agreements in respect of the subject matter of this agreement. If any provision of this agreement is illegal or unenforceable, that provision will be deleted from this agreement, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of this agreement.

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