LAST UPDATED ON [5 MARCH 2020]
Please read these Terms carefully before using the Site and App. By accessing, using or browsing the Site, you agree to be legally bound by these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.
The Site includes, refers to, or contains content, features, products or services which make references to alcohol, and are therefore intended for the use of only persons of 18 years of age or older. You agree that you are of legal age (18+ years or older) to purchase alcohol in your country of residence and in the country from which you are accessing the Site, or you possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in these Terms. You are aware that it is a violation punishable under law for any person under the legal drinking age (18+ years or older) to present any written evidence of age which is false or fraudulent for the purpose of attempting to purchase any alcoholic beverage. You expressly acknowledge and agree that any use of the Site in breach of the applicable laws or regulations in your country or residence or in your country of access will be at your sole risk and in no event will The Company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising for or related to such use, whatsoever.
The various services we provide through the Site (collectively, “Services”) are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
1. ABOUT THIRSTDAY
thirstday is an online platform and mobile application that provides information and promotions on behalf of partner establishments, venues and brands (The Partner(s), or The Venue(s)).
When subscribing to the thirstday’s City Drinking Pass (“Drinking Pass”, “Membership” or “Subscription”), users may enjoy exclusive offers and discounts, including a complimentary drink daily, when visiting the Venue. These offers are available after the first complimentary drink at the venue, subject to the venue, or at any special conditions stated on the platform. We reserve the right to change these conditions at any time.
3. REGISTRATION DATA; ACCOUNT SECURITY
3.1. If you register for an account on the Site, you agree to:
- provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”);
- maintain the security of your password;
- maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete;
- accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site.
- use this site for personal purposes and not for commercial purposes.
- to have no more than one account, and to not sell, trade or transfer that account to any other person, or access thirstday by any other means other than through the interface provided publicly.
3.2.You are responsible for all activity on your Site account. In the event that you forgot your login information and wish to retrieve it, you will be directed to a password recovery page where you will be asked for the email address associated with the account. If the email address is valid, a key will be emailed to the email account which may be clicked on to restore or reset the account password.
3.3. You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences of such breach, including any loss or damage thirstday may suffer. If you become aware of any unauthorized use of your account, you agree to notify us immediately via the contact email at the bottom of this page.
4. FEES; CHARGES; TAXES
4.1. At present thirstday offers premium subscription of our services starting at 14.99 USD per 30 days, inclusive of taxes. We reserve the right to adjust pricing at any time. Any price changes to your membership will take effect on your next billing cycle upon notice communicated through an update on the Site or any other means deemed appropriate by thirstday staff.
4.2. Your credit card information is processed and securely stored by our partner STRIPE (the “Payment Processor”), one of the leading companies in online and mobile app payment processing. THIRSTDAY DOES NOT STORE ANY OF YOUR CREDIT CARD INFORMATION. The processing of payments is subject to the terms, conditions and privacy policies of the Payment Processor in addition to the Terms here.
4.3. By signing up and purchasing your thirstday City Drinking Pass (“Drinking Pass”, “Membership” or “Subscription”), you authorise us to charge you for your initial Membership period and a recurring monthly Subscription fee at the then current rate, which may update from time to time. You also authorize us to charge you any other fees you may incur in connection with your use of the Site. Your first Membership cycle, less any special discounts will be billed immediately at the time of purchase. Your Membership will automatically renew after 30 days and you will be billed after 30 days have passed. We reserve the right to update the timing and date of our billing, and if we do, appropriate billing adjustments shall be applied to your account.
4.4. In general Membership fees or any other fees are non-refundable. Membership are contracted for the full length of the entire term, whether one month, multiple months, or one year at a time, and members are responsible for payment of the entire contracted amount upfront prior to using of any thirstday services in such paid period. From time to time, at thirstday staff’s sole discretion we may choose to provide a refund or discount towards current paid period, however, such decisions do not entitle you or any other person to any future discounts or refunds in the future for similar instances.
4.5. You may update your payment method or cancel your Membership under “My Passes” section in your “Profile” in the main in-App menu. Following any cancellation, you will continue to have access to your Membership perks through to the end of your current prepaid billing period. DELETING THE APP FROM YOUR MOBILE DEVICE DOES NOT CONSTITUTE A REQUEST FOR ACCOUNT OR SUBSCRIPTION CANCELLATION.
4.6. You nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing you through the Payment Processor. If we cannot charge your account, we reserve the right to immediately terminate your membership and access to our Site or any portion thereof.
4.7. You acknowledge that any unused daily drink redemptions during your prepaid Membership cycle cannot be brought forward to the another day, week, or month, and we do not provide refunds for unredeemed drinks.
5. MARKETING SERVICES AND BEVERAGES PURCHASES
5.1. thirstday provides a marketing service, and a marketing service only, to our Partner Venues (“Venues” or a “Venue”), by referring qualified Users to discover and pay for products and services at these Venues.
5.2. thirstday is a private membership organization and your Membership purchase is simply for the acknowledgement to be a thirstday member and ability to use our Site fully. At no time are you buying any alcoholic beverage from thirstday. Membership privileges include but are not limited to access to exclusive lifestyle content, invitation to special events, ability to purchase limited edition merchandise from thirstday and its partners, and more.
5.3. As one of the Membership privileges, Venues may provide subscribed members one complimentary drink per day. Afterwhich, Venues may promote further exclusive offers and discounts after the first redemption at the venue. Failure to abide by applicable alcohol control laws and regulations are grounds for immediate termination of your thirstday Membership with no obligation for thirstday to provide any refund.
6. PRIVATE MEMBERSHIP ORGANIZATION
6.1. thirstday is a private membership organization and your Membership purchase is a privilege and not a guarantee. thirstday reserves the right to terminate your Membership with or without cause at any time.
6.2. The Site and thirstday services are proprietary and protected by intellectual property and other laws, including applicable Singapore, Indonesia and international patents, trademarks and copyrights. Your use of the Site and thirstday services is subject to you following all Membership rules and acceptable behaviour and conduct, as well as all applicable local, state and federal laws and regulations.
6.3. Having a Membership or access to the Site does not guarantee you entry or service at Partner Venues at all times. Venues may refuse entrance or service if they determine at their sole discretion that you violate their code of conduct or display unacceptable behaviour in any way. By using the Site, you agree:
6.4. To comply with local laws and regulations;
- Not to use the Site or thirstday services at Venues if you are under 18;
- Not to maintain more than One (1) account per person;
- Not to access the Site or thirstday services using a 3rd party membership account;
- Not to use the Site for illegal purposes;
- Not to commit any acts of infringement on the Site;
- Not to use the Site to engage in any commercial activities;
- Not to copy any content for republication in print or online;
- Not to create disruption or interfere with another person’s use and enjoyment of the Site;
- Not to upload or transit viruses or other harmful files that disrupt or violate the security of the Site or any thirstday services.
7. LINKS TO OTHER SITES
7.1. The Site may contain links to third-party Websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. thirstday does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. thirstday provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply thirstday’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content.
7.2. thirstday accepts no responsibility for reviewing changes or updates to, or the quality, Content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Websites linking to the Site. When you leave the Site, our Terms no longer govern. You should review applicable terms and policies, including privacy policies and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
8. ADVERTISEMENTS AND PROMOTIONS
8.1. thirstday may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than thirstday, and any Terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. thirstday is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
9. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY
THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. THIRSTDAY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THIRSTDAY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
WHILE THIRSTDAY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, THIRSTDAY DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE CONTENT OR ANY SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AS A RESULT OF MALICIOUS ATTACKS FROM THIRD PARTY.
9.2. LIMITATION OF LIABILITY.
IT IS YOUR SOLE RESPONSIBILITY TO CONSUME ALCOHOLIC BEVERAGES RESPONSIBLY AND IN ACCORDANCE WITH ALL APPLICABLE LAWS
THIRSTDAY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF THIRSTDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIRSTDAY DOES NOT GUARANTEE THAT VENDORS WHO MARKET ALCOHOLIC BEVERAGES ARE LICENSED TO DO SO. AS BETWEEN YOU AND THIRSTDAY, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APP. IN PARTICULAR, YOU ASSUME ALL LIABILITY AND RISK FOR ANY INJURY WHATSOEVER, INCLUDING LOSS OF LIFE OR LOSS OF BODILY FUNCTION, SUSTAINED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ALCOHOLIC BEVERAGES YOU CONSUME, WHETHER MARKETED THROUGH THE APP OR OTHERWISE.
You agree to indemnify and hold thirstday and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, damages, liabilities, costs and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services and from the use of the Site by any person to whom you give access to your account; (ii) your breach or violation of any of these Terms; (iii) thirstday’s use of your User Content; or (iv) your violation of the rights of any third party, including Intellectual Property rights and Third Party Providers.
10. APPLICABLE LAW AND VENUE
10.1. You and thirstday explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of The Republic of Singapore applicable therein.
10.2. Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to:
- these Terms;
- the Site, the Services or Content;
- oral or written statements, advertisements or promotions relating to these Terms or to the Site; or
- the relationships that result from these Terms, the Site, the Services, or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts).
10.2. Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against thirstday related to any Claim and, where applicable, you also agree to opt out of any class proceedings against thirstday. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data.
10.3. To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Singapore. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
11. TERMINATION/MODIFICATION OF LICENSE AND SITE OFFERINGS
11.1. Notwithstanding any provision of these Terms, thirstday reserves the right, without notice and in its sole discretion, without any notice or liability to you, to:
- terminate your license to use the Site, or any portion thereof;
- block or prevent your future access to and use of all or any portion of the Site, the Services or Content;
- change, suspend or discontinue any aspect of the Site, the Services or Content; and
- impose limits on the Site, the Services or Content.
11.2. TERMINATION OF TERMS
thirstday may terminate these Terms and your use of the Site at any time. You may terminate your use of the Site at any time. When your thirstday account is deactivated, any prepaid premium services shall remain in effect until the end of the original term.
11.3. ELECTRONIC CONTRACTING AND NOTICE
Your affirmative act of using this Site and/or registering for the Site constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.
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. These Terms constitute the entire agreement between you and thirstday regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and thirstday regarding your use of the Site. The headings used in these Terms are included for convenience only and have no legal or contractual effect and will not affect the construction or interpretation of these Terms. The parties confirm that it is their wish that these Terms, as well as any other documents relating to these Terms, including notices, have been and shall be drawn up in the English language only.
13.1. thirstday may change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications.
13.2. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘Last Updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site.
14. QUESTIONS AND COMMENTS
If you have any questions regarding these Terms or your use of the Site, please contact us at:
Thirstday Pte. Ltd
68 Circular Road #02-01