Welcome to Barsociety. Please read the terms of service (the “Terms of Service”) below carefully. The Terms of Service sets out the terms and conditions of your use and access to the User Profile (as defined below), the Website (as defined below), and all services provided by Barsociety therein (collectively, the “Services”).
By clicking on the checkbox “I have read the Terms of Service and agree to the terms and conditions therein”, you confirm that you have read and understood the Terms of Service and, and have agreed to (a) enter into an agreement with Barsociety on the terms and subject to the conditions set out in the Terms of Service and (b) create an account with Barsociety (“Barsociety Account”).
We reserve the right to modify, vary and change the Terms of Service or our policies relating to the Terms of Service at any time as we deem fit. Such modifications, variations and or changes to the Terms of Service or its policies relating to the Services shall be effective upon the posting of an updated version on our Website. You agree that it shall be your responsibility to review the Terms of Service regularly, whereupon the continued use of any of the Services after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to these changes.
In these Terms of Service, the following capitalised terms shall have the following meanings, except where the context otherwise requires:
“BarOS” means a software developed by Barsociety as a service platform which, inter alia, allows Participating Bars to send reminders to you of, inter alia, your liquor purchases stored at any of the Participating Bars, and any information relating to other Products of the Participating Bars;
“Barsociety Account” has the meaning set out in the opening paragraphs above;
“Barsociety Member” means the holder of a Barsociety Account;
“Barsociety”, “we”, “us”, or “our” means Barsociety Pte. Ltd. and its affiliates and related corporations;
“Linked Sites” has the meaning set out in Clause 8 below;
“Participating Bar” means any one of Barsociety’s partner bars whom have downloaded and signed up for an account under the BarOS;
“Personal Data” means any information about you, from which you are identifiable, including but not limited to your name, nationality, address, telephone number, bank details, credit card details, gender, resident status, financial background, personal interests, email address, occupation, photo and any other information about you which may be provided by you to Barsociety or the Participating Bar in registration forms, application forms or any other similar forms and/or requests for information that have been or may be collected, stored, used and/or processed by Barsociety or the Participating Bars from time to time, and includes sensitive personal data such as your identification card number, driving licence number, birth certificate number, passport number, race, ethnic origin, date of birth, marital status, education background, credit rating / score and data relating to health, religious or other similar beliefs;
“Personal Data Protection Policy” means this personal data protection policy;
“Products” means any products, services, information or other materials purchased or obtained by you from any one of the Participating Bars;
“Reminder Service” has the meaning set out in Clause 2.1 below;
“Services” has the meaning set out in the opening paragraphs above;
“SMS” means short messaging system;
“Stored Bottle” has the meaning set out in Clause 2.1.1 below;
“Terms of Service” has the meaning set out in the opening paragraphs above;
“Unique Weblink” means the unique weblink provided to you by way of SMS or other electronic communication methods upon the creation of your Barsociety Account;
“User Profile” means the webpage which may be accessed via the Unique Weblink, which, inter alia, contains the location and Bottle Details of each of your Stored Bottles, as well as details of any other Products;
“Website” means the Barsociety website accessed at the following address: www.barsociety.com and any of its subdomains or subpages.
2.1 Upon the creation of your Barsociety Account, you will become a Barsociety Member and would have subscribed for the following Services:
2.1.1 If you have purchased and stored a bottle of liquor (each a “Stored Bottle” and collectively, “Stored Bottles”), at any of our Participating Bars, the relevant Participating Bar shall send you an SMS via the BarOS with the following information:
(i) details of the Stored Bottle, including but not limited to the type of liquor, the description of the Stored Bottle, the amount consumed in the Stored Bottle, the Participating Bar the Stored Bottle is stored at, and the date by which the Stored Bottle has to be consumed (“Bottle Details”);
(ii) the Unique Weblink, through which you would be able to access your User Profile by entering the last 4 digits of your mobile number. Your “User Profile” shall, inter alia, include details of all of your Stored Bottles, Bottle Details of each of the Stored Bottles,;
2.1.2 If you have purchased and/or obtained any other Product from any of our Participating Bars, the relevant Participating Bar shall via the BarOS update your User Profile to, inter alia, include details of the Product(s) you have purchased and/or obtained from the Participating Bar;
2.1.3 In addition, the Participating Bar may at its option and from time to time, send you reminders of the Bottle Details of the Stored Bottle(s), and/or information relating to any other Product(s) by way of SMS or other electronic communication methods;
(The Services in Clauses 2.1.1 to 2.1.3 above collectively, the “Reminder Service”)
2.1.4 Barsociety shall from time to time send you alerts, newsletters, updates, mailers, promotional materials, special privileges, and/or festive greetings from the Participating Bars, Barsociety, and/or its partners, sponsors or advertisers;
2.1.5 Barsociety shall from time to time notify and invite you to events or activities organized by the Participating Bars, Barsociety, and/or its partners, sponsors or advertisers;
2.2 You may unsubscribe from the Reminder Service, or from the Services in Clauses 2.1.4 and/or 2.1.5 at any time by following the unsubscribe link in the Unique Weblink or by way of sending an email to email@example.com.
3.1 You expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Services, that you have the right, authority and capacity to use the Service and to be bound by the Terms of Service, and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship.
3.2 In addition, you agree and acknowledge that:
3.2.1 Barsociety has no control over and does not guarantee:
(i) the truth or accuracy of details of the Stored Bottles and/or the Bottle Details and/or any other Products which are provided by the relevant Participating Bars;
(ii) the quality, safety, suitability or legality of any of the Stored Bottles and/or any other Products;
3.2.2 You will not use the Services, the Website and/or the Unique Weblink for purposes other than enjoying the Services;
3.2.3 In relation to any SMS sent by Barsociety to you as part of the Services or otherwise, your mobile carrier’s normal rates and charges will apply, and you shall be responsible for any such charges incurred by you from your mobile carrier;
3.2.4 The Services are provided on a reasonable effort basis;
3.2.5 We may alter, suspend, or discontinue the Services in whole or in part, at any time and for any reason, without notice, subject to the terms of any applicable written agreement;
3.2.6 The Services may periodically become unavailable due to maintenance or malfunction of Barsociety’s machinery, computers, equipment, systems or other tools required for purposes of carrying out the Services, or for any other reasons;
3.2.7 You shall not impair or circumvent the proper operation of the network which the Services operate on.
4.1 The provision of your Personal Data is voluntary. However, if you do not provide Barsociety with your Personal Data, Barsociety will not be able to process your Personal Data for the Purposes and Additional Purposes outlined below and may not be able to provide the Services to you.
4.2 To allow the provision of Services by Barsociety to you, you hereby expressly agree and consent to the Barsociety collecting, using and processing your Personal Data for business and activities of the Barsociety which shall include, without limitation the following (the “Purposes”):
4.2.1 to provide you with any Services pursuant to the Terms of Service herein;
4.2.2 to process, manage or verify details in your Barsociety Account, including but not limited to verifying your age or identity;
4.2.3 to develop, enhance and provide what is required pursuant to the Terms of Service herein to meet your needs;
4.2.4 to understand and analyse your needs and preferences in relation to the Services pursuant to the Terms of Service herein;
4.2.5 to enhance Barsociety’s processes, advertising, notifications, authentication, security and compliance, analytics and preference management;
4.2.6 to facilitate or enable any checks as may be required pursuant to the Terms of Service herein;
4.2.7 for internal administrative purposes, such as auditing and/or database records;
4.2.8 for purposes of data or market analysis;
4.2.9 for purposes of detection, prevention and prosecution of crime;
4.2.10 to maintain the safety and security of the Services;
4.2.11 to provide you with supporting services and functions related to your Barsociety Account; and
4.2.12 to monitor and enforce compliance with our Terms of Service, including dispute resolution;
4.2.13 for Barsociety, its officers, employees, directors, authorised representatives and agents to comply with their obligations under law.
4.3 Barsociety may also use and process, and you hereby agree and consent to Barsociety using and processing your Personal Data for the following Additional Purposes:
4.3.1 to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from Barsociety, its partners, sponsors or advertisers;
4.3.2 to notify and invite you to events or activities organized by Barsociety, its partners, sponsors or advertisers;
4.3.3 to conduct market and customer research, analysis or tracking; and
4.3.4 to process your registration to participate in or attend an event or activity and to communicate with you regarding your attendance at the event or activity. (collectively, the “Additional Purposes”).
4.4 You may at any time unsubscribe to the alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings and invitations; request for access to or correction of your Personal Data, or request to limit the processing of your Personal Data for the Additional Purposes; and/or make any inquiries regarding your Personal Data by notifying Barsociety in accordance with the terms of these Terms of Service.
4.5 You consent to your Personal Data being transferred, accessed by or disclosed to various third parties for the Purposes listed in Clause 4.1 above, the Additional Purposes (if applicable), or if the said third parties are engaged by Barsociety to perform various functions on its behalf. The third parties include, without limitation:
4.5.1 Barsociety’s partners, which include parties with whom Barsociety collaborates with for certain events, programs and activities;
4.5.2 suppliers and vendors of alcoholic products and/or alcoholic beverages;
4.5.3 event management companies and event sponsors;
4.5.4 marketing research companies;
4.5.5 service providers, including information technology (IT) service providers for infrastructure, software and development work;
4.5.6 professional advisors and external auditors, including legal advisors, financial advisors and consultants;
4.5.7 governmental authorities to comply with any statutory, regulatory and governmental requirements;
4.5.8 the Singapore courts for purposes of any legal proceedings;
4.5.9 other corporate entities in connection with a corporate transaction, such as a potential joint venture, sale of a subsidiary or a division, merger, consolidation, or asset sale; and
4.5.10 in the event Barsociety is wound-up, Barsociety’s liquidator and creditors.
4.6 We set out in detail our practices in collecting, using and processing of your Personal Data in our Personal Data Protection Policy, which is incorporated into and forms a part of these Terms of Service.
Barsociety and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and relating to the Website and/or the Unique Weblink and by extension, the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. The Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Services, the Website and/or the Unique Weblink, or any intellectual property rights owned by Barsociety and/or its licensors. The Service, the Website, the Unique Weblink, Barsociety’s name or logo, and any product names associated with the Website and/or the Unique Weblink are trademarks of Barsociety, and no right or license is granted to use them. For the avoidance of doubt, the term Website and/or the Unique Weblink herein shall include its respective components, processes and design in its entirety.
6.1 Neither Barsociety, its officers, employees, directors, affiliates, authorised representatives or agents shall be liable to you, or to any other third party who uses your Barsociety Account, whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the following:
6.1.1 the use, inability to use, unauthorized access to, or misuse of the Services, your Barsociety Account, the Unique Weblink or the Website, or any questions, comments, content or information contained thereon, even if Barsociety has been advised of the possibility of such damages or losses;
6.1.2 if the details of the Stored Bottles and/or the Bottle Details and/or information relating to the Products provided by the relevant Participating Bars are false, inaccurate, incomplete and/or misleading; and
6.1.3 any disputes that may arise between any of the Participating Bars and you, including but not limited to any disputes in relation to or arising out of the opening of your Barsociety Account, the collection of your Personal Data by the Participating Bars (or its officers, employees, directors, affiliates, authorised representatives or agents) and/or any representations made by the Participating Bars (or its officers, employees, directors, affiliates, authorised representatives or agents) to you, including but not limited to any representations made in respect of Barsociety, your Barsociety Account, the Services, this Terms of Service, the Unique Weblink, the Website, the Stored Bottles and/or the Bottle Details.
You agree to indemnify, hold harmless and defend Barsociety and its officers, employees, directors, affiliates, authorised representatives and agents from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys' fees and costs and/or regulatory action, resulting directly or indirectly from a your use of the Services, or your breach of the terms of this Terms of Service, or any laws, regulations or third party rights.
9.1 Barsociety makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services, the Barsociety Account, the Unique Weblink and/or the Website. Barsociety does not represent or warrant that (a) the use of the Services, the Barsociety Account, the Unique Weblink and/or the Website will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Services will meet your requirements or expectations, (c) any data provided by the Participating Bars will be accurate or reliable, (d) the quality of any Products will meet your requirements or expectations, (e) errors or defects in the Unique Weblink and/or the Website will be corrected, or (f) the Unique Weblink and/or the Website or the server(s) that make the Unique Weblink and/or the Website available are free of viruses or other harmful components. The Services are 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 excluded and disclaimed to the highest and maximum extent.
9.2 You acknowledge and agree that the entire risk arising out of your use of the Services, the Barsociety Account, the Unique Weblink and/or the Website and any third party services and products, including but not limited to the products and services of the Participating Bars, remains solely and absolutely with you and you shall have no recourse whatsoever to Barsociety.
We make no representation that information on or made through the Services, the Barsociety Account, the Unique Weblink and/or the Website is appropriate or available for use in locations outside Singapore. Those who choose to access any of the above from outside Singapore do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
Any notice or communication to be made under or in connection with these Terms of Service shall be given in writing by way of SMS to your mobile number registered with us (for any notice or communications addressed to you), or to firstname.lastname@example.org (for any notice or communications addressed to us). Any such communication shall be deemed duly given at the time of issuance of the SMS or email (as applicable), provided no bounce message has been received.
11.2.1 Barsociety may terminate your Barsociety Account, in its sole discretion, for any reason and at any time, upon giving you notice in accordance with these Terms of Service;
11.2.2 You may terminate your Barsociety Account by giving Barsociety fourteen (14) days’ notice in accordance with these Terms of Service.
11.3 Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed according to the laws of Singapore, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be subject to the exclusive jurisdiction of the Singapore Courts. In the event any dispute or claim arises out of or in connection with these Terms of Service or its subject matter or formation (including non-contractual disputes or claims), the Parties shall at first instance take reasonable efforts to settle and resolve such disputes in good faith and in an amicable manner by negotiation.
11.4 No waiver
No failure on the part of Barsociety to exercise and no delay on the part of Barsociety in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under these Terms of Service preclude any other or further exercise of it.
If any provision of these Terms of Service or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and it shall in no way affect or prejudice the enforceability of the remainder of such provision or the other provisions of this Terms of Service.
11.6 Entire Agreement
The Terms of Service comprises the entire agreement between you and Barsociety and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
11.7 Contact for Additional Information
If you have any questions about these Terms of Service, please contact us at 265 Serangoon Central Drive, #03-277, Singapore 550265.