TERMS & CONDITIONS

  1. Terms of service

    Please read the terms of service (the " Terms of Service") set forth below, as they apply to your access and use of our services, including our websites, the WisePass mobile application, APIs and email notifications (the " Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as the " Content"). Your access to and use of the Services signifies your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.

  2. Information about us

    The Services are provided and operated by WISEPASS PTE. LTD. (" WisePass"). We are a limited liability company registered in Singapore with Unique Entity Number 201600170H and have our registered office at 30 Duxton Road, #02-01, Singapore 089494.

  3. Changes of terms

    We may amend the Terms of Service from time to time at our sole discretion without notice or liability to you. By continuing to use the Services following such amendments to the Terms of Service, you agree to be bound by such amendments.

  4. Changes to our services
    1. The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion at any time and without prior notice to you.

    2. We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our mobile application is accurate, complete, up-to-date or free from errors or omissions.

  5. Accessing our services

      Our Services are made available by subscription.

      We are responsible for making all arrangements necessary for you to have access to our Services.

    1. Automatic Renewal.

      Subscriptions are for a pre-paid 1-month subscription term. Your subscription will automatically renew at the end of each subscription term for another 1-month term. You agree that we may automatically renew your subscription and charge your account on the one month anniversary of your last subscription date (the "Renewal Date"), unless you cancel your subscription before the Renewal Date. WisePass will automatically renew your subscription each month on the Renewal Date until you cancel your subscription or WisePass no longer offers the subscription service.

    2. Notice Of Automatic Renewal.

      You will receive an email notice approximately 5 days prior to the Renewal Date. The notice will let you know that your current subscription term is about to end and the Renewal Date when your subscription will be renewed and your account charged. All notices regarding your subscription will be sent to your last email of record. To cancel your subscription without your account being charged for the next term, you must do so before the Renewal Date. Please keep a record of when your subscription term ends and the next Renewal Date. You are responsible for timely canceling your subscription regardless of whether you receive any notice from us.

    3. Payment And Price.

      The renewal payment is due on the Renewal Date and will automatically be charged to the same credit card that you used for the original subscription or the most recent renewal. Please notify WisePass Customer Service at operations@wisepass.co before the Renewal Date of any changes to your email, account or billing information. The renewal price will be the same price as for the prior 1-month subscription term unless WisePass gives you advance notice of a price change. You will also receive a notice if there are any changes to the subscription service terms.

      WisePass Subscription will be full right cancelled in cases below:

      1. If the subscriber haven’t made any payment for the subscription.
      2. If the subscriber haven’t updated his credit card informations in case of expiration.

    4. Refunds.

      Initial subscription or renewal payment are non-refundable.

      1. Refund during free trial period.

        WisePass will refund money for any trial that our system has charged before the end of the free trial period.

        WisePass will refund money if your card has been used by a third party. We will require you then to have a police report that your card has been stolen and ensure that the email and phone number doesn’t belong to you.

        For any free trial, WISEPASS PTE. LTD. sends information and ensures that its end users are informed about the day they will get charged through email. The date of the payment is stipulated right in the app for every single member by clicking on the top left button.The user can cancel anytime by clicking on Plans & Billings and press cancel.

      2. Refund during the subscription.

        The subscriber can cancel his membership anytime, and will continue to have an access to the service until the end of the next monthly Renewal Date. If not cancelled before the Renewal Date, the subscription will be renewed for another month. WisePass doesn’t allow refund for any partial utilisation, or day of no utilisation of the mobile application. In any case of charge after the cancellation, please contact the support at operations@wisepass.co

        Refund will be processed if and only if the subscriber can prove that he has effectively cancelled before the Renewal Date AND if he didn’t use the application to scan after the Renewal Date. The intention of cancelling the subscription has to be clear and unequivocal. In that case, WisePass will refund the month charged involuntary. The subscriber has to prove (and keep the proof) that he has ask for the cancellation (with the email he sent or a screenshot of the acceptance of cancellation). If the subscriber cannot prove that he has been charged after cancellation, WisePass is not liable of any compensation or refund. If the subscriber continued to use his membership after the Renewal Date, thereby showing that he has no intention to end the membership, WisePass considers that the membership will continue for another month. The subscriber will have to reiterate his request for cancellation before the next Renewal Date.

    5. How To Cancel Automatic Renewal.

      If you do not wish your subscription to auto-renew, you may " cancel" your current plan in your WisePass Account under " Plan & Billing" prior to the end of your current subscription term. You will still be able to use your membership until the Renewal Date.

    6. Marketing Promotion.

      WisePass reserves the right from time to time to offer the access to its services for free during a limited period of time on the basis of promotional marketing activities. Such free subscription bears no exception to these Terms of Services.

    7. Legitimate account.

      You are the owner of a legitimate WisePass subscription if you have purchased the membership through our Mobile Application or received a promotional offer directly from WISEPASS PTE. LTD. Obtaining a WisePass subscription in any other way is invalid. If you have obtained an illegitimate account from a third party, cease using the services and contact us immediately at operations@wisepass.co

    8. Sharing an account

      Sharing or lending an account is strictly prohibited. The WisePass subscription is personal and cannot be shared. Lending your membership will result in termination of your account. We recommend to refer a friend to join instead!

      Member account and password are strictly personal and never have to be communicated to any person. Members have to take all measures necessaries to preserve confidentiality of this informations. In case of use by a third person, contact immediately the support at operations@wisepass.co

    9. Transfer of ownership

      Transferring a WisePass subscription to another individual or any third party is prohibited unless approved and performed by WISEPASS PTE. LTD. We reserve the right to deny any transfer. Failing to abide to this rule will result in termination the subscription.

    10. Reselling.

      As per Clause 6 Your licence to use the services is personal and non-assignable. Reselling or advertising to resell your account, subscription or part of the Service, including but not limited to a user offering a bottle to another individual or third party in exchange for money, is prohibited and will result in an immediate termination of such account and subscription without any prior notice and/or refund.

  6. Your licence to use the services

    WISEPASS PTE. LTD. gives you a personal, non-assignable and non-exclusive licence to use the mobile application and its services provided to you by us as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by WISEPASS PTE. LTD., in the manner permitted by these Terms of Service.

  7. Our Intellectual property rights
    1. All intellectual property rights subsisting in respect of the Services belong to WISEPASS PTE. LTD. or have been lawfully licensed to WISEPASS PTE. LTD. for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the App/website itself or create derivative works with respect thereto, as the App/website is copyrighted under applicable laws.

    2. You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (the " Feedback") in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

  8. Limited liability and warranty

    Please read this section carefully since it limits the liability of WISEPASS PTE. LTD. and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the " Entities of WISEPASS PTE. LTD."). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section excludes or limits our liability for death or personal injury arising from our negligence or is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.

    1. THE ENTIRE LIABILITY OF THE ENTITIES OF WISEPASS PTE. LTD. AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR SERVICES. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

    2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ENTITIES OF WISEPASS PTE. LTD. EXCEED ONE HUNDRED SINGAPORE DOLLARS (SGD 100).

    3. The Entities of WISEPASS PTE. LTD. shall not guarantee or assume any responsibility that:

      1. the information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference or the use of the App;
      2. the information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
      3. messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;
      4. access to the Services will be available or be uninterrupted;
      5. use of the Services will achieve any particular result; or
      6. defects in the Services will be corrected.
    4. Without limiting the generality of the foregoing, in no event will the Entities of WISEPASS PTE. LTD. be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business, profit, goodwill or reputation arising out of any use, or inability to use, the information or the services, even if any of the Entities of WISEPASS PTE. LTD. has been advised of the possibility of such loss or damages.

    5. You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. You are responsible to ensure that your use of the information and the Services complies with all applicable legal requirements.

    6. Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Service or otherwise, you are advised to contact us at operations@wisepass.co . No such lack of response shall be deemed to constitute any acquiescence or waiver.

    7. The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.

  9. Content copyright policy

    WISEPASS PTE. LTD. respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

    1. a physical or electronic signature of the copyright owner or a person authorised to act on their behalf;
    2. identification of the copyrighted work claimed to have been infringed;
    3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    4. your contact information, including your address, telephone number, and an email address;
    5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
    6. a statement that the information in the notification is accurate, and that you are authorised to act on behalf of the copyright owner.

    We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is operations@wisepass.co.

  10. Use of the services
    1. Venue’s owners, managers, staffs and close affiliates are not allowed to use their subscription to consume bottles or lunch in their venue.

    2. Under no circumstance shall the user of the account, subscription be entitled to consume the bottle provided by the venue (under WisePass’ services) outside of the venue where the user scanned. Bottles shall be consumed only on the premises of the venue. It is strictly forbidden to bring them outside of the venue.

    3. In case the user does not finish a bottle, the remaining of it shall be deemed forfeited. It is generally not accepted to store bottles at the venue. In doubt, the user must follow the venue’s own rules.

    4. Failing to comply with our rules and the individual rules of each venues and/or displaying undeniable and consistent bad behavior will result in the following actions being taken by WisePass:

      1. First and only warning;
      2. Termination of current subscription (no refund policy);
      3. Blacklist: permanent ban for using our Services.
    5. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to

      1. satisfy any applicable law, regulation, legal process or governmental request,
      2. enforce the Terms of Service, including investigation of potential violations hereof,
      3. detect, prevent, or otherwise address fraud, security or technical issues,
      4. respond to user support requests, or
      5. protect the rights, property or safety of WISEPASS PTE. LTD. its users and the public.

    6. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer and phone programmes and platform in order to access our site or mobile application. You should use your own virus protection software.

    7. You may not do any of the following while accessing or using the Services:

      1. access, tamper with, or use non-public areas of the Services, WISEPASS PTE. LTD.'s computer systems, or the technical delivery systems of WISSEPASS PTE. LTD.'s providers;
      2. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
      3. access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited);
      4. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
      5. interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
    8. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

  11. Linking to us

    You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

  12. Third party links and resources in our site
    1. The links from the Services may take you to other sites or services and you acknowledge and agree that WISEPASS PTE. LTD. has no responsibility for the accuracy or availability of any Information provided by third parties services and websites.

    2. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by WISEPASS PTE. LTD. on the Services are subject to change. You agree that WISEPASS PTE. LTD. and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

    3. Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.

  13. Indemnity

    You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the App/website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

  14. Severance

    The illegality, invalidity or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

  15. Waiver

    No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

  16. Termination

    The Terms of Service will continue to apply until terminated by either you or us as follows.

    1. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason with a prior notice of 24 hours, including, but not limited to, if we reasonably believe:

      1. you have violated these Terms of Service or
      2. you create risk or possible legal exposure for us; or
      3. our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
    2. In all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.

    3. Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in Clause 4 Changes to our services.

  17. Governing law and jurisdiction

    These Terms of Service shall be governed by Singapore law. You agree to submit to the exclusive jurisdiction of the Singapore courts.

  18. Languages

    This agreement is drafted in the English language. If this agreement is translated into any other language, the English language version shall prevail.