Terms and conditions | GAFE U

Last Update: November 2020

Hello, and welcome to Gafe U.  In this page we will explain to you the terms and conditions (“Terms”) that will apply when you use any of our services (“Online Services”) through our mobile application (“Gafe U”, or “Application”) or website. By using any of our services, you agree (“Agreement”) that you have already read, understood and accepted our terms as specified in this page. If you have any questions relating to these terms please contact us through support@gafeapp.com.

Gafe U is operated by Gafe Limited, a company incorporated and registered in Hong Kong, whose registered office is at Room B1, 6/F, Chung Hing Commercial Building, 62-63 Connaught Road C., Central, Hong Kong. The registration number of Gafe Limited is 2911198. Throughout this page the usage of “we” or “us” or “Gafe” all interchangeably refer to Gafe Limited.

 

Gafe reserves the right to change or update these terms from time to time. You are recommended to revisit these terms regularly. By continuing using our services, you are deemed to agree to any modifications, additions or substation of these Terms.

What we do

The mission of the Gafe team is to build a “Coffee Lovers’ Utopia” for all the coffee lovers of the world.  As abstract and idealist as it suggests, one may argue it is a goal that may never be reached. However the mission statement is a manifestation of the sense of purpose from the Gafe team; in realistic terms we strive to create a community for coffee lovers of the world to connect, to discover, and to make the world a slightly better place.

 

Through Gafe you can discover cafes around your location with filters that help you pinpoint the exact type of cafes you are looking for in various situations.  You can also know the cafes better with help from the indexed details, including but not limited to features, menus and interactions from other users.  When you order drinks or food with any cafe, you can also save your purchase records digitally in Gafe U, so neither you nor the cafe will need to manage the paper stacks of stamp cards (“Stamp Card”, or “Loyalty Card”).

Who you are

If you choose to use any of our services, please make sure that you are a natural persons who have reached 18 years of age; or corporate legal entities, e.g companies; or if you are below the age of 18, you must obtain consent from your parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or any purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately.

How to access our services

When you simply want to use Gafe U to browse and find the cafes around your location, you do not need to create an account.  Please note we will still collect certain information from you as laid out in our privacy agreement to be able to carry out services to you.  An example of the information we collect is your geolocation data; Gafe needs to know where you are to be able to find you cafes that you may like.

 

When you want to save your purchase record on Gafe U; use our digital membership (“Digital Membership”) functionalities; bookmark a cafe; provide your feedbacks on a cafe, etc., you need to create a Gafe U account. You can choose to either use your social media account credential, or you can manually create an account with your email address and mobile number.  Both options are treated equally as Gafe only collects the necessary information to be able to re-identify you as a unique user.

Data Confidentiality

Gafe understands the sensitive nature of the data and other information you may send to the Online Services and data you receive via the Online Services, and Gafe therefore agrees to handle and protect data pursuant to the commitments described in this page.  Gafe agrees to use reasonable efforts to maintain, safeguard, and not use or disclose your data except as needed to facilitate your use of the Online Services, track usage, address security, fraud prevention and data integrity requirements, respond to requests of government authorities, perform aggregated and anonymous analytics, and otherwise to perform services under this agreement,. The term "Data" shall mean profile information, transaction and other data you send.

 

Information about the processing capabilities of the Online Services, the technology or interface features of the Online Services, and the notices and updates sent by Gafe to you are proprietary and confidential information of Gafe and You hereby agree not to share such information with third parties or use such information except to support your use of the Online Services. To get more details on how Gafe collects and treats your personal data, please visit our privacy policy.

System Integrity, Data Integrity, Data Storage

System Integrity: Concerning your use of the Online Services, you agree not to knowingly: (i) interfere with or attempt to interfere with the proper working of the Online Services; (ii) post or transmit to the Online Services any unlawful, fraudulent, harassing, libelous, or obscene content; (iii) post or send to the Online Services any content that contains a virus, bug, cancelbot, worm, Trojan Horse or other harmful item; (iv) publish, perform, distribute, prepare derivative works, copy, or reverse engineer (except to the limited extent that applicable law prohibits a restriction on reverse engineering) the Online Services. Gafe agrees to not knowingly post or send to the Online Services any files (i.e., files created by Gafe) that contain a virus, bug, cancelbot, worm, Trojan Horse or other harmful item. However, both parties understand that they cannot and do not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Online Services, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

Data Integrity: You are responsible for confirming the accuracy of any data you send to or receive from the Online Services, and for maintaining a means external to the Online Services for the reconstruction of lost data. Gafe has procedures to assist your efforts to ensure that your Data is accurate, current, and complete.

Actions to Prevent Risk: In order to minimize the legal risk (if any) we may face applicable to your use of the Online Services, Gafe reserves the right to take any reasonable action with respect to such use of the Online Services we deem necessary or appropriate (such as suspending or terminating your use of the Online Services if it causes or creates an unreasonable risk to Gafe).

Intellectual Property, Limitation of Liability, and Termination or Suspension

Intellectual Property

 

You acknowledge that the contents of the Online Services (other than your data), including trademarks, logos, images, service marks as displayed on our platform or any of our marketing materials are the intellectual property of Gafe and are copyrighted and protected by copyright laws wherever applicable. Gafe grants you a non-exclusive, nontransferable license to print and download content on the Online Services solely for your noncommercial use provided you maintain the copyright notice and any other notices that appear on any such copies. You may not copy and redistribute outside of your company any content or information from the Online Service to display on any other website or system. Gafe neither warrants nor represents that your use of materials displayed on the platforms will not infringe rights of third parties not owned by or affiliated with Gafe. Use of any materials on the platforms is at your own risk.

 

Content You Post

 

Any material you upload to the Online Services or data that we collect as set out above will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. You are also not allowed to conduct any of the following activities: 

 

  1. Using our services for any purpose that violate local, state, or federal laws or regulations;
     

  2. Posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
     

  3. Posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Gafe in its sole discretion or pursuant to local community standards;
     

  4. Posting content that constitutes cyber-bullying, as determined by Gafe in its sole discretion;
     

  5. Posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
     

  6. Harassing, threatening, stalking, or abusing any person on the Platforms;

 

If a violation of the situations set out above is identified, Gafe reserves the right to remove the content and suspend or terminate a user’s access to the platform.

 

 

Limitation of Liability

 

In no event shall Gafe or its service providers be liable under any contract, negligence, strict liability or other legal or equitable theory for (a) any special, incidental, punitive, indirect or consequential damages of any kind, including, without limitation, those resulting from interruption of use, loss or corruption of data, or lost profits or moral damages, whether or not Gafe has been advised of the possibility of such damage, arising out of or in connection with this agreement or your use of the Online Services, or (b) for a total and aggregate liability amount under this agreement in excess of the amount of premium service fees paid by you within one (1) year prior to the date of such claim for the applicable online services use or optional service giving rise to liability.

 

 

Termination or Suspension

 

You may terminate this Agreement (along with Your Use of the Online Services) at any time, for any reason, by notifying Gafe. If You are dissatisfied with the Online Services or with any term, condition, rule, policy, guideline or practice of Gafe in operating the Online Services, Your sole and exclusive remedy is to discontinue using the Online Services. If You have paid Gafe any fees for Optional Services, You will not receive any refund under any circumstances if you cancel.

Functionality Specific Terms

 

Digital Memberships

 

Gafe provides a platform where cafes manage their membership programs. You understand that the membership programs on Gafe is independent from each other. This means your membership status and data with cafe A on Gafe is irrelevant and untransferable with cafe B, and vice versa.

 

Despite the nuances between membership programs of individual cafes, they unvaryingly operate on digital stamps. Accumulation of stamps can lead to qualification of gifts from this cafe (for example, 10 digital stamps from the same cafe may qualify a free drink from them). Cafes may vary on what qualifies as a digital stamp (for example, when you spend a given amount; or when you purchase a drink of their choice); or how many stamps is redeemable as gifts. Cafes own the final right of decision and explanation on the definition of a digital stamp of their own digital membership program, or any other scheme rules.

 

You do not automatically become member of all cafes on Gafe once you sign in or create an account with us. You become a member of a cafe through Gafe when you have purchased from this cafe and the transaction is recorded into the system. You understand and agree to be bound by the terms in this sections for membership related activities on Gafe.

 

Cafes may choose to offer new member gifts, which can either be free stamp(s), a free drink of their choice, or others. You understand that when they do so, you are not entitled to such gift before your first recorded transaction on Gafe. It will take effect only after you have become a member with this cafe through your first recorded transaction.

 

Gafe is not an ordering or payment system at the moment, so we are not aware of your transactions with cafes unless we are told. This means the accuracy and integration of your membership data with every cafe on Gafe is dependent on the correct and timely input from the cafes when you are buying from them. When disputes arise on such matters, it is up to yourself and the cafes to resolve through any reasonable means.

 

Once a cafe publishes their membership program on Gafe, we generally do not encourage modifications as it may impact Gafe U users that are already members of this cafe. However, you understand and consent that cafes may adjust their membership scheme even when it is published and running. When they do so, Gafe will make reasonable effort to make sure the changes are delivered to their existing users, which may include yourself.

When you become a member of a cafe on Gafe through a transaction, you consent that this cafe will have access to your public profile data, which may include your avatar image and your displayed name on Gafe. For more details, check the privacy policy of Gafe Limited.

Contact us

If you wish to contact us regarding any questions or comments you may have, please send us an email.