Try.Eat! Terms of Use and Conditions

Last updated: 11 September 2020

Hello, and welcome to Try.Eat!. Before you begin to enjoy the food tasting campaigns we have carefully prepared for you, please read the following terms carefully.

1. Introduction

Thank you for using the services of Try.Eat! (hereinafter "Try.Eat!"). Try.Eat! is a service operated by innoLab Limited (hereinafter "we", "us" or "our"), which provides services through various electronic platforms, mobile websites or mobile applications (Try.Eat! or the Try.Eat! website, the mobile application and the services provided through them are collectively referred to below as the "Services").

These Terms of Use (these "Terms") apply to innoLab Limited (hereinafter "we", "us" or "innoLab") and to the services provided through various electronic platforms such as Try.Eat! and the Try.Eat! website or mobile website (the "Website") or the mobile application (the "Mobile App") (Try.Eat! and the Try.Eat! website or mobile website, the Mobile App and the services provided through them are collectively referred to below as the "Services"). These Terms also govern your account (as described below) and your use of our Services.

The Try.Eat! website and Mobile App are operated by us. If you access and/or otherwise use the Services in any way (whether as a registered user or otherwise), you agree to, have read and accept these Terms. We reserve the right to amend these Terms at any time without further notice. You understand that if you continue to use the Services after these Terms have been amended, you accept the amended Terms.

2. Changes to the Agreement

We may update the agreement from time to time, for example to improve existing features, to add new features or functions to the Services, to make technical adjustments to the Services using advances in science and technology, to ensure the operability or security of the Services, and for legal or regulatory reasons. After we make material changes to the agreement, we will provide you with important notice as appropriate in the circumstances, including by displaying a prominent notice within the Services or by sending you an email seeking your consent. In some cases we will notify you in advance, and if you continue to use the Services after the changes take effect, you will be deemed to have accepted the changes. Please therefore read any such notice carefully. If you do not wish to continue using the Services under the new version of the agreement, you may contact us to terminate the agreement.

These Terms and our Privacy Policy supplement each other, and we hope you will read them together when you begin using the Try.Eat! Services. If you do not agree to these Terms and/or our Privacy Policy, please do not use the Services.

3. Definitions and Interpretation

In these Terms and Conditions, unless otherwise defined or the context otherwise requires, the following definitions and interpretations apply: "Brand" means a company or brand that has signed up to our services to offer tasting experiences on the Try.Eat! platform. "Brand Campaign" means a tasting experience campaign offered by a Brand on Try.Eat!. "Foodie Partner" means a user who has registered for the Try.Eat! Services and has met the basic requirements set by Try.Eat!. "Revenue Share and Remuneration" means the cash remuneration that a Foodie Partner receives each time a Brand Campaign is completed.

4. Use of the Try.Eat! Services

4.1 Terms of Service and Restrictions

Try.Eat! is by no means an ordinary influencer platform. We connect social media influencers with brand merchants, so that you can easily discover high-quality complimentary food tasting experiences, recommend new things and food, and receive generous gifts from brands to hold giveaways on social platforms and give back to your followers. By accessing or using the Services, you agree to accept and comply with these Terms:

1. You must download the Try.Eat app and register a Try.Eat! account, and log in to the app using your Facebook and/or Instagram account in the manner required. 2. Your social media channel must have at least 5,000 genuine followers. If you do not meet this requirement, you may not be able to participate in our brand recommendation campaigns or access all the features of the app. 3. If you do not wish to recommend the relevant brand free of charge, please do not apply for that brand's recommendation campaign. Our brand recommendation campaigns are only suitable for people who enjoy sharing the relevant brands and are passionate about food. 4. Your post must remain at the top of your feed for at least 5 hours, and remain on the social platform for at least 21 days. Our system will automatically check that your post is still live and is exactly the same as when we approved it. 5. You must not disclose to any third party that is not registered with Try.Eat! any information displayed in the Try.Eat! app, including but not limited to: client brand names, campaign details and visuals. 6. Before you apply for a tasting under a Brand Campaign, please confirm the tasting time. Once we have approved your tasting application, the tasting time and date cannot be changed. In most cases we will approve the posts you submit. However, there may be times when we reject the draft post you submit on the grounds of the "Post Content Policy" or for other reasons. If you find that we have rejected your draft post, you will need to resubmit a draft post. 7. Once we have approved your post, you must publish it on the relevant channel within 24 hours of approval (unless the post has a clearly specified date and time). 8. You may receive the corresponding promotional revenue share and remuneration for participating in a Brand Campaign. Such promotional revenue share and remuneration will only be calculated once you submit to us the link to the post that has been published on your social media channel. We have the right to cancel your promotional revenue share and remuneration for reasonable cause.

4.2 Promotional Revenue Share and Remuneration

You may receive the relevant revenue share and remuneration for a campaign after completing each Brand Campaign. The revenue share and remuneration differ from campaign to campaign, and your revenue share and remuneration shall be the amount you agreed to when you applied for the tasting under the Brand Campaign.

If you complete a Brand Campaign in compliance with these Terms, you will be entitled to receive the promotional revenue share and remuneration. We will pay the revenue share and remuneration to your payment method on or before the 10th of each month. Under no circumstances will we bear any fees arising from the transfer of payments.

We may also change the revenue share and remuneration for Brand Campaigns from time to time, without prior notice to you of any change to the revenue share and remuneration or of how to agree to such changes (if applicable).

4.3 Post Content Policy

The original intention of Try.Eat! is to connect our restaurant partners with food-loving influencers, so that food influencers can share food together with us. Although this is similar to ordinary tasting posts, Try.Eat!'s Giveaway campaigns bring exposure to influencers' follower communities and, by giving back to followers for their affection, let loyal followers find a sense of belonging, rather than being merely a paid tasting post promotion. Our influencer tasting experiences begin with the trust that our restaurant partners place in our community of food influencers. Everything is possible only when we trust one another in this community and feel at ease. We have therefore established these post content standards to ensure that the pillars of mutual trust in our community are firmly upheld.

1. Authenticity and Objectivity

Every tasting of yours should be a pleasant experience. Our community is built on trust, and the authenticity and objectivity of posts are of utmost importance. For this reason, post content must not provide false, misleading or deceptive descriptions, or untrue descriptions of the tasting experience, and must not mislead others as to the type or details of the food. We believe that only authenticity and objectivity can create a better environment for sharing.

2. Respect

Everyone, regardless of background or belief, should be treated with respect, even when certain views do not match one's own beliefs or upbringing. Only in this way can the misconceptions, misinformation and prejudice arising from misunderstanding and division be eliminated. We therefore pay very close attention to how post content is worded, and take seriously any post content that shows improper prejudice, discrimination or intolerance in any form, whether based on race, nationality, belief, culture, sexual orientation, social views or otherwise.

3. Privacy

We place great importance on privacy and personal data, so that we can be free to be ourselves. Post content must therefore not include any person's personal privacy or personal data without that person's consent.

4. Fair Reviews

We respect freedom of speech, and at the same time we understand that everyone's taste is different and that even the most delicious food may not suit everyone. If you are unfortunate enough to attend a tasting of food that does not suit your taste, we also hope that your post content will offer an honest and fair review, with appropriate and constructive suggestions on flavour, rather than a negative review made for the purpose of insult.

5. Immediate Suspension and Disqualification of Users

We hope you will fully enjoy the Try.Eat food tasting service to recommend the food you are passionate about. However, in the following circumstances we have the right, at our sole discretion, to suspend or cancel your account without prior notice:

1. If you engage in misconduct in relation to other services or mechanisms provided by Try.Eat!. 2. If you have in the past engaged in misconduct in relation to Tey.Eat! and other services or mechanisms provided by the Company. 3. If you use another person's device, or a device obtained by unlawful means, to use Try.Eat! and any services we provide. 4. If you breach any of these Terms. 5. If you use, or direct others to use, the Try.Eat! Services unlawfully. 6. If you alter the information we provide without our consent. 7. If you engage in inappropriate or fraudulent conduct. 8. Other conduct that we determine to be inappropriate.

6. Rights You Grant to Us

In consideration of the rights granted to you under this agreement, you grant us the following rights: (1) to allow the Try.Eat! Services to use the processor, bandwidth and storage hardware on your device in order to facilitate the operation of the Services; (2) to provide you with advertisements and other information; and (3) to allow our business partners to do likewise. In any part of the Try.Eat! Services, we strive to provide you with content you enjoy, and the content you access (including its selection and placement) may be affected by commercial considerations (including agreements between Try.Eat! and third parties). Some content that is licensed by us, provided to us, created by us or otherwise made available by Try.Eat! may contain advertising content.

7. Usage Guidelines

At Try.Eat!, we ensure that every Foodie Partner enjoys a pleasant food tasting experience and is able to share the food they are most passionate about. At the same time, we have established some basic rules that you should follow when using our Services, to ensure that everyone can use our tasting services happily and on a fair basis. Accordingly, by using the Try.Eat! Services, you agree to follow these rules and undertake not to engage in the following conduct:

1. Copying, modifying, backing up or distributing any part of Try.Eat! for commercial purposes. Uploading any information, data and/or content (as defined below) that violates or infringes the publicity, privacy, copyright, trademark or any other intellectual property rights of Try.Eat! or any other party; 2. Engaging in or encouraging any conduct that may be considered a criminal offence, or making any statement that may be considered a criminal offence, giving rise to civil liability, or otherwise violating the laws of any country in the world or infringing the rights of any third party; 3. Engaging in, participating in or encouraging any conduct that we consider may restrict or prevent any other person from properly using or enjoying the Try.Eat! Services; 4. Providing false, inaccurate or misleading information, or engaging in fraudulent interactions or transactions with us or with third parties authorised by us; 5. Engaging in or participating in any conduct that adversely affects us, the Try.Eat! Services, or our goodwill, trademarks, names or reputation, or that causes coercion, harassment or discomfort to us or to any other person, or that prevents anyone from using the Try.Eat! Services; 6. Using the Try.Eat! Services to send, disseminate, post or otherwise transmit any content that is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, inflammatory, deceptive, fraudulent, infringing, blasphemous, or invasive of the privacy of others, or that includes sensitive content relating to race, religion or gender, or that is threatening, indecent, obscene or menacing in nature, or that is blasphemous or otherwise offensive to any individual or group;

7. Uploading to the Try.Eat! Services any data, files, software or links that contain malicious code or that redirect to viruses, Trojan horses, worms, spyware or other harmful programs;

8. Interfering with or disrupting the Try.Eat! Services in any way, tampering with, damaging or attempting to probe, scan or test the Services or computer systems, networks, usage rules or any Try.Eat! security components, authentication measures or any other information relating to vulnerabilities in the protective measures applicable to the Services, the content or any part thereof;

9. Interfering with or damaging the integrity or performance of the Services;

10. Violating any applicable law, rule or regulation relating to your access to or use of the Services;

11. Using proprietary information or interfaces or other intellectual property content of ours or of our restaurant or food service partners ("Merchants") to design, develop, manufacture, license or distribute any application, accessory or device used to access the Services;

12. Without the consent of others, collecting any information about other members (including our customers and/or partner merchants), or gaining unauthorised access to the Services or to other users' accounts, names, passwords or personally identifiable information;

13. Without our prior express written permission and/or that of any applicable third party, copying, backing up, modifying, creating derivative works from, distributing or publicly displaying any website content in the Services;

14. Authorising or encouraging any person to engage in any of the above conduct.

15. Any conduct that Try.Eat! determines to be in conflict with the agreement.

16. You acknowledge and agree that if you engage in any of the above conduct that would violate the Usage Guidelines (or if we reasonably believe that the Usage Guidelines have been violated), we may immediately cancel or suspend your Try.Eat! account. If you have breached this agreement, you also agree that Try.Eat! may also, where reasonable in the circumstances, cancel or suspend your Try.Eat! account.

8. Limitations and Modifications of the Services

We will use our best efforts to keep the Try.Eat! Services running. However, for business needs, legal requirements, specific technical difficulties, maintenance or testing, or updates, the Try.Eat! Services may be temporarily interrupted from time to time. We reserve the right, for reasonable cause, to modify or discontinue (temporarily or permanently) the functions or features of the Try.Eat! Services periodically and at any time, and, where practicable, to notify you in advance, and in all of the above circumstances we shall bear no legal liability to you. Except as required by law, reasonable causes include, for example: in the case of an actual interruption, modification or discontinuation of the Try.Eat! Services or any of their functions or features, or where existing functions or features need to be repaired, maintained or improved, or where new functions or features need to be added to the Services, or where technical advances need to be implemented or the operability or security of the Services needs to be ensured.

9. Customer Support

For customer support relating to member account and payment matters ("Customer Support Enquiries"), please contact us by email at hello@inno-lab.co. We will use reasonable efforts to respond to all Customer Support Enquiries within a reasonable time, but we cannot guarantee that we will respond to any Customer Support Enquiry within any particular timeframe, and/or that we will be able to answer any such enquiry.

10. Term and Termination

This agreement will continue to apply to you until it is terminated by you or by Try.Eat!. Try.Eat! may at any time terminate the agreement or suspend your access to the Try.Eat! Services in the following circumstances, including your actual or suspected unauthorised use of the Try.Eat! Services and/or content, your failure to comply with the agreement, or our withdrawal of the Services and/or content (in which case we will give you reasonable prior notice before the withdrawal). If you or Try.Eat! terminate the agreement, or Try.Eat! suspends your access to the Try.Eat! Services, then to the maximum extent permitted by the relevant law, you agree that Try.Eat! has no obligation or liability to you, and that Try.Eat! will not refund any amounts you have paid. You may terminate the agreement at any time. To learn how to terminate your Try.Eat! account, please contact us using the methods listed in Section 9. This section will be enforced to the extent permitted by the relevant law. Sections 3, 4, 6, 7, 8, 10, 11 and 12 of this document, and any other sections of the agreement that, whether expressly or by their nature, should continue to apply even after the agreement is terminated, shall continue in effect after termination.

11. Intellectual Property

You acknowledge that we own all rights, title and interest in our intellectual property, including but not limited to all intellectual property (as defined below), including that contained in the Services, the Try.Eat! website and the Mobile App, and that, except as set out in these Terms, you do not acquire any rights, title or interest through our intellectual property. By using or accessing the Try.Eat! website or the Mobile App or our related proprietary information, you shall not modify, adapt, translate, create derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to obtain source code from any Try.Eat! service, software or documentation, or create or attempt to create a substitute or similar service or product.

12. Disclaimer

You understand and agree that Try.Eat! does not warrant that the Try.Eat! Services are free of malware or other harmful components. In addition, Try.Eat! makes no representation and provides no warranty, guarantee or assumption of liability in respect of any third-party application (or its content), user content, any device or any other product or service advertised, promoted or offered by third parties through the Try.Eat! Services or any hyperlinked website, or on the Try.Eat! Services or any hyperlinked website, or featured in any banner or other advertisement, and Try.Eat! bears no responsibility for transactions between you and such third-party providers. We reserve, and have the right at any time to change, modify, correct, add to, discontinue or withdraw, any aspect or function of the Try.Eat! website, the Mobile App and/or the Services, including but not limited to the availability, the equipment required for access or use, or the availability of the Services (or any part of them) on any particular device or communication service. We will notify you of any such changes to the extent reasonably able, and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements to the Try.Eat! website, the Mobile App and/or the Services.

13. Governing Law, Jurisdiction and Arbitration

Unless otherwise provided, any dispute arising out of these Terms and Conditions or out of the use of any channel shall be construed and governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China (hereinafter "Hong Kong").

Any dispute, controversy or claim arising out of these Terms and Conditions (including their validity, invalidity, breach or termination) shall be resolved by arbitration in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules in force as at the date hereof, as amended by the remaining provisions of this clause:

- The appointing authority shall be the Hong Kong International Arbitration Centre (hereinafter the "Centre"); or an appointing authority in any country that we appoint (in our sole and absolute discretion) as we consider suitable and appropriate. You understand and agree that, in the event of a dispute with us, we have the final decision on the selection and appointment of the appointing authority. - The place of arbitration shall be the Centre in Hong Kong; or an arbitration institution in any country that we appoint in our sole and absolute discretion as we consider suitable and appropriate. You understand and agree that, in the event of a dispute with the Company, we have the final decision on the selection of the arbitration institution and place. - There shall be only one arbitrator. - The language used in the arbitration shall be English. If any party breaches these Terms and Conditions, the other party is entitled to take the remedies available at common law and in equity as determined by the arbitration.

14. Contact Us

If you have any questions about the Try.Eat! Services or this agreement, please feel free to contact Try.Eat! customer service at hello@inno-lab.co. We hope you will fully enjoy the delicious world of Try.Eat!!