By accessing or using the Services in any manner, including but not limited to by visiting the Site or by downloading, installing or using the Application, or , you hereby expressly acknowledge that you have read and understand this Agreement and agree to be bound by the terms and conditions stated herein, and represent and warrant that you have the right, authority and capacity to enter into this Agreement and abide by the terms and conditions of this Agreement, are legally entitled to enter into this Agreement, and not prohibited by law from accessing or using the Services, whether or not you are a registered user of the Services.
Ratio may modify or amend this Agreement (or Ratio’s policies relating to the Services) at any time, effective when published on or through the Services. You are responsible for regularly reviewing this Agreement. Your continued use of the Services after any such modifications or amendments constitutes your agreement to continue to be bound by this Agreement as modified or amended.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS/ACTION JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Eligibility. If you reside in a jurisdiction that restricts use of the Services or the ability to enter into agreements because of age, you must abide by such age limits and not use the Services. By using and accessing the Services, you represent and warrant that you meet the legal minimum age when purchasing products that have legal minimum age criterias in your physical jurisdiction (EG: Alcohol products).The Services are offered only for your personal, non-commercial use, and not for the benefit of any third party. You may not authorize others to use your account nor may you assign or otherwise transfer your account to any other person or entity. When using the Services, you agree to comply with all applicable laws. Ratio may, in its sole discretion, refuse to offer the Services to any person or entity or change the eligibility requirements for the Services at any time.
Your Account. You may access certain parts of the Services without creating an account. However to enjoy a better customised experience and save payment details, you must sign up for the Services by creating an account (an “Account”). When creating an Account, you agree to provide true, accurate, current, and complete data about yourself (“Account Information”). You also agree to promptly update your Account Information to keep it true, accurate, current, and complete if any of your information changes. Each user may only have one Account with Ratio. Signing up for multiple Accounts, including by using the same credentials to create multiple Accounts, and/or your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in, without limitation, your inability to access and use the Services, the deactivation of your Account(s), and/or Ratio’s termination of this Agreement with you, which may, among other things, result in the cancellation of any confirmed or pending orders and loss of any promotions or credits associated with such Account(s), for which Ratio will have no liability. You are solely responsible for maintaining the confidentiality of your Account and your Account Information, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You may never use another person’s Account or Account Information for or in connection with the Services without permission. You agree to immediately notify Ratio of any unauthorized use of your Account or any other breach of security related to your use of the
Services, as well as any change in your eligibility to use the Services.
Orders. One feature of the Services is to assist you with placing an order at Ratio powered stores (each, a “Store.”). When you place an order at a Store, the order is not confirmed until you receive a confirmation on or through the Services. Once confirmed, you agree to honor the order by arriving on time to collect the order. You also agree that the Store is not obligated to hold your order beyond an unreasonbale length of time. Once an order has been placed and confirmed, it cannot be modified, cancelled or returned. If you need to modify an order, please contact the Store staff directly and immediatly; however, please note that Stores are not obligated to accommodate modifications and all modification requests are subject to availability and confirmation by the Store. By providing your email address and/or mobile phone number during the account registration process, you are consenting to receive communications (including SMS text messages) from Ratio at that email address and mobile phone number, including but not limited to communications about order requests and modifications.
Cancellations and Missed Collections. You may cancel a pending order request that has not yet been confirmed at any time without penalty. Once your order is confirmed, however, the Store is committed to preparing your order and you agree to honor arrive on time to collect the order. Preperation time for the order is approximate hence the time indicated for collection is an estimate. Should you not arrive on time to collect your order, the Store may but are not obligated to hold your order for a reasonable length of time. Should you arrive on time and feel that the order is unreasonably late, and that the Store is not doing what it can to resolve the issue, you may flag it with us by contacting us at info @ ratio.inc. We will review the Store accordingly in order to maintain a high level of standard. Please also note that unless otherwise stated, we (and any Stores at which you have made an order with through the Services) reserve the right to treat order as uncollected and dispose of it if you do not check in within fifteen (15) minutes after your order collection time.
Refunds. After an order has been placed and confirmed, it cannot be modified, cancelled or returned. Orders from unmanned Ratio Stores will not be refunded or exchanged, unless required by Law. You acknowledge and agree from time to time, some items on the Services may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Stores will use reasonable endeavours to either source the items, arrange a full or partial refund, or change your Order to replace the items with a comparable product in similar price range (where available) as agreed with you, or come to an alternative arrangement. Where a comparable item or alternative arrangement cannot be agreed upon, then we will proceed with a refund. We will provide a refund or account credit in respect of the affected part of the Order. Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including but not limited to your account history, what happened on ordering and information from the Store. We will use reasonable endeavours to process the refund within ten (10) Business Days. Your refund will be issued to you in the same form as the original payment was made (ie as a credit) or in the form of account credit or vouchers. There will be no monetary exchange for returned or cancelled orders made with credit. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Ratio is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund. Ratio and Stores reserves the right to accept or reject your request for Refunds for any reason at any time.
Payment Authorization and Settlement. Ratio allows you make a direct payment for the items you have added to your cart (“Order”) with a Payment Method. When you use the Service to make payment for an Order (“Payment”), you are agreeing to pay for the following through the Services and you authorize us, through our third party payment processors, to charge your default Payment Method for the following: (1) The full amount of the Payment value for your Order in the currency of the country where the store is based (ie: SGD in Singapore and CNY in China). You acknowledge that by using the Services you are agreeing to pay the full amount of the Payment value you have selected. Except to the extent otherwise required by applicable law, Ratio is not responsible or liable for (1) any payments authorized through the Services using your Payment Method information, or (2) for any errors made by our payment processor or by a Store related to the amount of your bill. We reserve the right to correct any errors or mistakes made by a Store or our third party payment processor, even if payment has already been requested or charged to your Payment
Method. The processing of payments will be subject to the terms, conditions and privacy policies of our third party payment processors, in addition to this Agreement. The terms of your payment will be based on your Payment Method and may be affected and determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through our payment processors, do not receive payment from you, you agree to pay all amounts due to us and any Stores you visit through the Services upon demand.
Receipts and Transaction History. Upon completion of payments processed through the Services, a physical receipt, an electronic receipt or an Order detail record accessed from within an Application, which can be treated as a receipt (each, a “Receipt”) may be generated automatically or on demand depending on the Service used. You may print and save copies of these summary receipts. Ratio will not store these digital Receipts beyond 6 months from when it was generated.
Promotions and Credit. Ratio may, in its sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to our Services or services provided by Stores or other third parties, subject to terms that Ratio establishes, including without limitation, on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, including, without limitation, between accounts, or made available to the general public, unless expressly permitted by Ratio; (iii) may be disabled by Ratio at any time for any reason without liability to Ratio; (iv) may only be used pursuant to the specific terms that Ratio establishes for such Promo Code(s); (v) are not valid for cash; and (vi) may expire prior to your use. We reserve the right to suspend your Account withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Referral Policy. Personal invite links may only be used for personal and non-commercial purposes. You can share your invite link and/or invite codes with your personal connections via email, Twitter feeds, Facebook pages, personal blogs, etc. where you are the primary content owner. However public distribution on sites where you are a contributor but not the primary content owner (e.g., Wikipedia, coupon websites) is prohibited. Promoting your referral code via Search Engine Marketing (e.g., AdWords, Yahoo, Google) is also prohibited.
Ratio is also a Platform. The Services also act as a platform to connect Stores with customers seeking to make an order. By using the Services, you acknowledge that you understand and agree that we do not employ, control, recommend, or endorse non Ratio branded Stores or make any representations about the quality or legality of the services provided by such Stores or your potential experiences with such Stores. Although we may choose to intervene or attempt to resolve a dispute, you agree that we have no obligation to do so and that all transactions are ultimately solely between you and the Stores.
Service Rules. Without limiting any of the terms and conditions stated herein, as a condition of your use of the Services, you agree that: (a) you will only use the Services for lawful purposes; (b) you will not use the Services for any purpose that is prohibited by this Agreement; (c) you are responsible for all of your activity in connection with the Services; (d) you will not use the Services to cause nuisance, annoyance or inconvenience; (e) you will not impair the proper operation of the network; (f) you will not try to harm the Services in any way whatsoever; (g) you will not copy, or distribute the Application or other content without written permission from Ratio; (h) you will only use the Services for your own use and will not resell it to a third party; (i) you will not attempt to bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (j) you will not run any form of auto-responder or “spam” on the Services, use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, or harvest or scrape any Content from the Services; (k) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services; (l) you will provide us with whatever proof of identity we may reasonably request; and (m) you will only use an access point or 3G or 4G or 5G data account (AP) which you are authorized to use.
Licenses Granted by User. We may, in our sole discretion, allow you to add, submit, post, upload, publish, transmit, share and/or distribute User Content (defined below) to or through the Services or Application. “User Content” is all content you create, add, submit, post, upload, publish, transmit, share and/or distribute to or through the Services or Application, including without limitation, text, graphics, images, photographs, recipes, music, audio, video, information, reviews, ratings, and other materials. By making available any User Content on or through the Services or Application, you hereby grant to Ratio (and its successors and assigns) a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, edit, truncate, aggregate, reproduce, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, prepare derivative works of, and otherwise fully exploit such User Content in connection with the Services, Application, and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Services, including Stores, a non-exclusive, perpetual license to access your User Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under this Agreement, including after your termination of your Account or the Services. Ratio does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services or Application, whether publicly posted or privately transmitted, and you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or Application or you have all rights, licenses, consents and releases that are necessary to grant to Ratio and to the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Ratio’s use of the User Content (or any portion thereof) on, through or by means of the Services or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. In addition, you agree not to post User Content that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (b) may create a risk of any other loss or damage to any person or property; (c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (d) may constitute or contribute to a crime or tort; (e) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (f) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (g) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (h) contains any information or content that you know is not correct and current.
Licenses Granted by Ratio. The Services may contain content specifically provided or otherwise made available on or through the Services or Application by us or third parties, including without limitation data, software, scripts, text, graphics, images, photographs, recipes, music, audio, video, information, reviews, ratings, feedback, interactive features, User Content, Store Feedback, and other materials (collectively, “Ratio Content”). You acknowledge that all or some of the Ratio Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and laws and you agree to abide by and maintain all copyright notices, information, and restrictions contained in any Ratio Content accessed through the Services. Subject to your compliance with the terms and conditions of this Agreement and your compliance therewith, Ratio grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Ratio Content solely for your personal and non-commercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes, each as permitted by the features of the Service. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, Application or Ratio Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ratio or its licensors, except for the licenses and rights expressly granted in this Agreement. We do not guarantee that any Ratio Content will be made available on the Site or Application or otherwise through the Services. We cannot and do not review or verify every submission made through our Services. Store Feedback, reviews and ratings made by users Reviews, and other third-party provided information to the Services do not represent the opinions or endorsements of Ratio. We reserve the right to, but do not have any obligation to, (i) remove, edit, or modify any Ratio Content in our sole discretion, at any time, without notice to you and for any reason, including without limitation, upon receipt of claims or allegations from third parties or authorities relating to such Ratio Content, and to remove or block any Ratio Content from the Services.
Application License. Subject to the terms and conditions set forth in this Agreement, Ratio grants you a limited non-exclusive, non-transferable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use of the Services. Ratio reserves all rights in and to the Application not expressly granted to you under this Agreement. To use the Application, you must have a mobile device or computer that is compatible with the Application. We do not warrant that the Application will be compatible with your mobile device or computer. You may use mobile data in connection with the Application and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. You may not: (i) modify, disassemble, decompile or reverse engineer the Application, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (c) make any copies of the Application; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (e) delete the copyright and other proprietary rights notices on the Application. You acknowledge that we may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Application is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Application or any copy thereof, and Ratio or its third-party partners or suppliers retain all right, title, and interest in the Application (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
Modifications to the Services. Ratio reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Site or Application, including with respect to participating Stores. Ratio shall have no liability to you for any of the foregoing actions. If you object to any such changes or modifications, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services.
Links to Third Party Websites The Services may contain links to other websites on the Internet operated by third parties not affiliated with Ratio. Such links are provided for users’ reference only and Ratio does not control such third parties or websites and is not responsible or liable for their content, services, functions, accuracy, legality, appropriateness or any other aspect of such websites. When you access such websites, you do so at your own risk. The inclusion of any such link does not imply Ratio’s endorsement of the material on such websites or any association between Ratio and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Intellectual Property Ownership. Ratio alone shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application or the Services, or any intellectual property rights owned by
Ratio. Ratio’s name, the Ratio logo, and the product names associated with the Application and Services are trademarks of Ratio or third parties, and no right or license is granted to use them.
Copyright Policy and Procedure for Reporting Copyright Infringement. Ratio respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) and Singapore Copyright Act (Chapter 63), Ratio will respond expeditiously to claims of copyright infringement committed using the Sites, Applications or Services that are reported to Ratio’s Designated Copyright Agent (“Designated Agent”), identified below. In appropriate circumstances and subject to our discretion, it is also Ratio’s policy to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others, including copyrights.If you believe that material or content residing on or accessible through our Sites, Applications, or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; Your contact information including address, telephone number and, if available, e-mail address; A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and that you are authorized to make the complaint on behalf of the copyright owner.
The contact information for Ratio’s Designated Agent is:
Ratio Copyright Agent
c/o Ratio Food and Beverage Pte. Ltd.
Subject: Copyright Infringement Notice / Copyright Infringement Counter Notice
Email: info @ ratio.inc
Please note that pursuant to the DMCA and Singapore Copyright Act, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages.
UNDER THE SINGAPORE COPYRIGHT ACT, THIS MAY ALSO CONSTITUTE AN OFFENCE THAT MAY RESULT IN FINES OF UP TO S$10,000 AND IMPRISONMENT FOR UP TO 2 YEARS.
Please note that this procedure is exclusively for notifying Ratio and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Ratio’s rights and obligations under the DMCA and Singapore Copyright Act, but do not constitute legal advice.
Export Control. The Services are controlled and operated from facilities in Singapore and China. Ratio makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Singapore, China and local laws and regulations, including but not limited to export and import regulations. You may not use, export, or re-export any Ratio Application or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, Singapore, China and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a Singapore Government embargo or that has been designated by the Singapore Government as a “terrorist supporting” country and that you are not listed on any Singapore Government list of prohibited or restricted parties.
Termination. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by emailing us at info @ ratio.inc. Any fees paid hereunder are non-refundable. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer. RATIO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR APPLICATION. RATIO DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICES OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY RATIO. RATIO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.RATIO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND RATIO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Technical Requirements Internet Delays. Use of the Services requires Internet access through your computer or mobile device. You are responsible for all charges, including but not limited to mobile carrier charges or internet connection charges resulting from your use of the Services, including from any notifications provided by Ratio in connection with the Services. Ratio does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. RATIO’S SERVICES AND
APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. RATIO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Indemnification. To the fullest extent allowed by applicable law, you agree to indemnify, hold harmless, and (at Ratio’s request) defend Ratio, its affiliates, and each of our and their representatives, agents, directors, managers, officers, employees, contractors, suppliers, partners, and shareholders, from and against all liabilities, claims, damages (actual and consequential), losses and expenses (including attorneys’ fees), that arise from or relate to your use or misuse of, or access to, the Services, Ratio Content, or otherwise from your User Content, violation of this Agreement, or infringement by you, or any third party using your Account or identity in connection with the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL RATIO OR ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON WITH RESPECT TO THE SERVICES (A) FOR ANY LOST PROFITS, LOSS OF GOODWILL, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (C) RELATED TO YOUR VISIT TO ANY STORE OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, POLICIES, COMPLIANCE, NON-COMPLIANCE, ACTS OR OMISSIONS OF ANY STORES IN CONNECTION WITH THE SERVICES, OR (D) FOR ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO RATIO IN CONNECTION WITH THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.
Release. Stores are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your (or such recipient’s) interaction with or visit to any Stores or from any product or service of any Store. You hereby release Ratio from any and all such Claims. You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against Ratio pertaining to the subject matter of this Section.
Assignments. You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder without written consent from Ratio. We may transfer, assign, or delegate this Agreement and any of our rights and obligations without consent.
Entire Agreement. This Agreement comprises the entire Agreement between you and Ratio and supersedes all prior or contemporaneous, negotiations, discussions, understandings, or agreements, whether written or oral agreements, between the parties relating to the subject matter of this Agreement.
Severability. If any term or provision of this Agreement is held to be unenforceable or invalid, that provision shall be struck or limited, to the minimum extent necessary, and the remaining terms and provisions shall remain in full force and effect and be enforceable to the fullest extent allowed by law.
No Agency. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Ratio in any respect whatsoever.
Headings. The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.
No Waiver. The failure of Ratio to exercise, in any way, any right hereunder shall not be deemed a waiver of such right or provision unless acknowledged and agreed to by Ratio in writing.
Notices. Ratio may give you notice by means of a general notice on or through the Services, electronic mail to your email address on record for your Account, or by written communication sent by mail or pre-paid post to your address on record for your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Ratio (such notice shall be deemed given when received by Ratio) at any time via electronic mail to firstname.lastname@example.org.
Effective Date: October 8, 2020