Participating Venue Agreement
Your use of Unight Software, mobile applications and web site (referred to collectively as the “Platform”) is subject to the terms of a legal agreement between Participating Venue (hereinafter referred to “Party B”) and Unight (Shanghai) LLC (hereinafter referred to “Party A”). This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Accepting Agreement
In order to use Unight Platform, you must first agree to this Agreement. Once Party B reads and accept this agreement through the website sign up page or other way approved by Party A, means that Party A and Party B accepts all terms in this Agreement. If you do not agree to accept any content of this agreement, or you cannot understand the meaning of the relevant terms, do not continue to sign up for this service.
Party B can accept the Agreement by:
(A) clicking to accept or agree to the Agreement, where this option is made available to Party B by Party A in the sign up form on Party A website https://unight.cn/sign_up
(B) by actually using Unight Platform. In this case, you understand and agree that Party A will treat your use of Unight Platform as acceptance of the Agreement from that point onwards.
Terms and definitions:
Party A is a legal entity acting under the Contract on behalf of the Application moderator who has actual rights for the Unight Software Platform hereinafter referred to as 'Platform', including but not limited to the intellectual and legal rights;
User is an individual using the Unight Application free of charge in order to participate in the promotional actions of the Customers and (or) to obtain benefits ('Loyalty points') for advocating venues.
Party B is a legal entity given access to the console (hereinafter referred to as 'Dashboard') of the Platform, through which it gets access to be featured on the Platform to be visible to the Application users.
Loyalty Points are accruals of certain interests to the application User in the form of bonus points from the purchases of his or her friends, whom he or she made a recommendation to through the application.
Staff is an employee of the Participating Venue, who manages the interaction between Application users following Party B's Platform account and Party B at Party B's venue.
Subscription fee is a payment made by Party B for continuous use of the Platform services.
Settings is a bonus-crediting algorithm determined by the Participating Venue to reward Application users who follow Party B's Application account, when they advocate Party B's services and products to other application users who act upon the advocacy.
1. Subject of the Agreement.
1.1. The subject of this agreement is to provide the Party B access to the Unight Software console (hereinafter referred to as the Application), through which Party B is provided access to the network of the Application Users, namely Party B gets an opportunity to use the Unight Software for PC (hereinafter referred to as the Unight Software), and the Party B, acquiring such rights, shall pay remuneration to the Party A, within the time period, in the manner under the terms specified hereby.
1.2. Party A and Party B are aware and agree that the Party A acts for the benefit of the Platform.
2. The name and characteristics of the Platform.
2.1. The Platform consists of two parts:
2.1.1. Application for Users - individuals for whom the application is free of charge and allows them to:
- keep track of all offers of Party B's account;
- receive discounts from Party B in accordance with paragraph 5.2 hereof;
- receive loyalty points for advocating Party B's venue(s);
- receive "push notifications" from Party B.
2.1.2. Corporate account for Party B which provides the following abilities:
- Add information about the company (name, description, work time, phone number, photos, video, address)
- View Notification history
- View Followers
- View detailed information about Follower
- Add Staff roles (guest check-in, casher, manager)
- Create Events
- Create Offers
- Create Photo Albums
- Post News
- View Rating
- View Statistics
- Distribute "push notifications" to Followers
2.1.3. Party B's corporate account features an application called "Staff" which allows Party B's staff to manage certain operational interactions with customers at Party B's venue(s).
3. Cost of services. Payment terms.
3.1. The Platform service period begins once Party B's account is activated; from thereone the cost of providing Party B access to the Platform is as follows:
- Party B will be charged according to the current price listed on the subscription page of Unight website at the time.
3.2. After subscription plan is finished, if Party B continues to use the Platform, Party B shall renew the subscription and pay subscription fees through Unight.cn.
3.3. If Party B terminates its cooperation with the Party A during a paid-for period, the funds paid by Party B shall be non-refundable.
4. Arrangements for using the Platform.
4.1. When Party B activates its Platform account, Party B shall be visible to users of Platform and Party B can manage promotional and planning activities of events, offers, and other customer related operations.
4.2. Party B shall be given a login and password, with which Party B can log in to Party B's corporate account from any mobile device.
4.3. Use Platform account is given to Party B only and can be used only for one (1) brand representing Party B; it cannot be shared, resold, or subleased to any other party or brand regardless of relation to Party B.
5. Rights and liabilities.
5.1. Party B is entitled to:
5.1.1. Use all Application services in accordance with the rules.
5.1.2. Determine the rate of benefits to award to Party B's followers and customers.
5.1.3. Place the Unight logo in the venue.
5.1.4. Send a "push notification" to all Party B's followers no more frequently than once per seven (7) calendar days.
5.1.5. If necessary, to send additional "push notifications" at an additional charge to be confirmed in advance with Party A.
5.2. Party B’s obligations and arrangements for using the Platform.
5.2.1. Party B confirms that Party B has all the legitimate qualification to carry out Party B's business.
5.2.2. For the full and efficient operation of the Platform Party B allows a basic cash back discount for each and every customer using the Unight Application (Users). Party B determines the name and range of products, and the amount discount at Party B's discretion.
5.2.3. In addition to the basic discount, Party B shall establish the level of successful user advocacy discounts in the settings. Discount percentages shall be determined at Party B’s discretion when the Application activation.
5.2.4. Party B shall not to refuse to validate and award individual users from the offers, rewards, loyalty points, discounts, and any other benefits they have earned as set by Party B on the Platform.
5.2.5. Party B agrees to modify the conditions of promotional actions and events no more frequently than once per ten (10) calendar days.
5.2.6. Party B understands and accepts that Party B has to cater for the technical means to use the Platform including mobile phone(s) and access to the internet to scan QR codes, independently of Party A.
5.2.7. Party B shall independently keep track of Party B's follower accounts and will monitor Party B's employees without any assistance of Party A.
5.2.8. In case of refusal to use the Platform, Party B must immediately notify Party A's support division at the following email address: info@unight.cn
5.2.9. Party B agrees not to take any actions and not to post materials that violate existing laws and norms of national and international law, including in the field of intellectual property, copyrights and/or related rights, or generally accepted rules of morality and ethics, as well as any actions that lead or may lead to failure of normal work of the Platform and its services.
5.2.10. After activating the Platform, Party B must enable online transactions to be integrated with the Platform system. Party B understands and accepts that the Platform is an online platform where products or services can be sold and purchased through the Internet. It also allows online users to make an order, choose a payment and delivery methods and make a purchase simply by using a web-browser or the Platform's mobile app.
5.2.11. Party B understands and accepts that the use of Platform materials without the consent of Party A is not allowed.
5.2.12. Party B will not mislead the users of Unight Application by false claims, and false promotional actions, discounts, and venue locations.
5.3. Rights of Party A
5.3.1. Party A can contact Party B about information about the Platform development, including sending new offers and advertising messages to Party B.
5.3.2. Party A is entitled to carry out preventive works with temporary Platform cease-operation with or without advance notification to Party B. Party A will inform Party B of all necessary optimization updates in a timely manner.
5.3.3. Party A reserves the right at its sole discretion to change (moderate) or delete any information posted by Party B without prior notification or further explanation.
5.3.4. If Party B repeatedly rejects to validate User’s bills, points and offers, Party A reserves the right to remove Party B from the general list and block Party B's account on the Platform unilaterally. In this case, no funds are refundable to Party B.
5.3.5. To suspend the services in case of not receiving a subscription fee.
5.3.6. Party A reserves the right to refuse to activate the license, if in the Party A’s opinion, Party B does not match the format of the Unight Application. In this case, the license becomes not activated. The funds are non-refundable.
5.3.7. Party A reserves the right to refuse activation of the Platform account in case Party B .does not operate within the Food and Beverage scope of business.
5.3.8. In case of Platform account service not approved by Party A, funds paid by Party B shall be refunded to Party B.
5.3.9. If Party B violates any terms of the Agreement, Party A is entitled to unilaterally terminate the Agreement. In this case, the funds are non-refundable.
5.4. Obligations of Party A:
5.4.1. Party A is not entitled to view Party B's Platform account statistics and transactions.
5.4.2. Party A undertakes to provide technical support of the Platform.
6. Miscellaneous
6.1. Party A ensures that Party A has no access to accounting and other financial documents of Party B.
6.2. If the Law or Court determines any provision of the Agreement as being invalid or not enforceable, this does not invalidate other provisions of the Agreement.
6.3. Inaction on the part of the Party A in case of violation of the provisions of the agreement by Party B does not deprive Party A of the right to take appropriate actions later to protect Party A's copyright and other interests in accordance with the law.
6.4. If Party B repeatedly violates the paragraph 5.2 hereof, Party A is entitled to lock the Party B’s access to the Platform.
6.5.By accepting this agreement Party B confirms to provide Party B's own information for storing on the Platform according to Party A's Privacy and Policy terms.
6.6. This agreement may be amended and/or supplemented unilaterally by Party A apart from paragraph 3.1.
6.7. The validity of this agreement is one calendar year from the date of the Application activation and in the absence of mutual claims shall be automatically prolonged for the same period. Each Party is entitled to terminate the Agreement by giving no less than thirty (30) calendar days prior notice to the other party before the date of termination as specified in this Agreement.
6.8. The party who violates this Agreement or other mutual agreed documents including but not limited to Terms & Conditions and Privacy & Policy, shall bear the responsibility of breach of Agreement and the liability for such damages.
7. Force majeure circumstances.
7.1. The Parties will be free from the responsibility for failure or improper fulfillment of obligations hereunder, if the proper fulfillment was impossible due to force majeure circumstances, i.e. extraordinary and unavoidable circumstances under the given terms, such as natural disasters, fires, floods, earthquakes, military actions or imposition of the state of emergency, strikes, civil disorders, adoption of legal acts, changes in legislation, preventing the fulfillment of obligations hereunder and which are beyond the control of the Parties.
7.2. The Party that is exposed to irresistible force must prove the force majeure existence by reliable documents.
8. Confidentiality
Both Parties should:
- maintain the confidentiality of Confidential Information;
- not use Confidential Information for any purposes other than those specifically set out in this Agreement; and
- not disclose any such Confidential Information to any person or entity, except to their own employees or employees of Affiliates, its agents, attorneys, accountants and other advisors who need to know such information to perform their responsibilities.
9. Procedure of disputes settlement.
9.1 Appeals, offers, and complaints of individuals and legal entities to Party A in connection with this agreement and all questions of the Application functioning, violations of the rights and interests of the third parties when it is used shall be sent by the email address info@unight.cn
9.2 All disputes and differences between the parties shall be settled through negotiations. If the parties are unable to settle disputes or differences independently, they will settle them judicially at the location of the defendant.
