Momos Partner

These Terms of Service (“Terms”) form a contract between a subscriber of Momos’ Services (“Partner”) and us, Merchant Management Solutions PTE. LTD. (“Momos”), and governs our Partner’s access to and use of our Services. By accessing and/or using our Services you are accepting that:

  1. The Partner agrees to be bound by these Terms and acknowledges having read the Privacy Policy found here.
  2. The individual accepting these Terms on behalf of the Partner warrants that they are aged 18 years or above and are competent to enter into this Agreement and that he/she possesses the requisite authority to bind the Partner, its affiliates or its groups to these Terms.

Partner and Momos are individually referred to as “Party” and collectively as “Parties”.

  1. DEFINITIONS
    1. Account means any accounts or instances created by or on Partner’s behalf for access and use of the Services.
    2. Ad/Marketing/Promotion Spend means the amount the Partner spends on the marketing or promotion of their restaurant, including discount coupons’ amount or advertisement expenses per month.
    3. API means the application programming interfaces developed, enabled by or licensed to Momos that permits certain functionalities provided by the Services.
    4. Partner Data means all electronic data, text, messages, or other materials, including Personal Data, (but excludes any and all data provided by Third-Party Services (including Personal Data of Partner’s customers)) provided by Partner, or provided or obtained for or on Partner’s behalf, on the basis of which the Service(s) will be provided and/or the Partner Data will be submitted to the Services by the Partner through Partner’s Account for Partner’s use of the Services.
    5. Confidential Information means all information disclosed by one Party to the other Party which is in tangible form and labelled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Notwithstanding the foregoing, Confidential Information shall not include any information which (a) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (b) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (c) is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records prior to the time of disclosure; (d) is obtained by the receiving party from a third-party without a breach of such third-party’s obligations of confidentiality; (e) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession; or (f) is required by law to be disclosed by the receiving party, provided that the receiving party shall, to the extent legally permitted, give the disclosing party written notice of such requirement prior to disclosing so that the disclosing party may seek a protective order or other appropriate relief.
    6. Documentation means any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Services provided or made available by Momos to Partner or Partner’s Users through the Services or otherwise.
    7. Order Form means any service order form specifying the Services provided, particular features and functionalities in the Services that the Partner wishes to avail, and the Term for provision of the Services agreed to by the Parties.
    8. Personal Data means any information or data defined as “personal data” under the Personal Data Protection Act 2012 (“PDPA”) of Singapore, as amended from time to time, or such other similar data privacy laws in any other jurisdiction that may be applicable.
    9. Privacy Policy means Momos’ privacy policy available at https://www.momos.io/privacy-policy.
    10. Process, processes, or processing means any operation or set of operations which is performed on Partner Data or on sets of Partner Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction, and also includes transferring Partner Data to third parties.
    11. Services means the cloud-based proprietary platform of Momos that enables restaurant businesses to manage their business through content management, customer service, review and survey management, digital marketing management, and data and analytics tools.
  2. Software means software provided by Momos (either by download or access through the internet) that allows Partner to use any functionality in connection with the Services.
  3. Subscription Charges means all charges associated with Partner’s Account and use of the Services.
  4. Subscription Term the period during which Partner has agreed to subscribe to the Services as specified in a relevant Order Form.
  5. Third-Party Services shall mean third-party application(s) or service(s) integrating with the Services through APIs or otherwise enabled through the Services.
  6. User means a user designated by Partner to use or access the Services including an Account administrator, agents and other designated users.
  7. PARTNER’S RIGHTS

Subject to Partner’s compliance with this Agreement and solely during the Subscription Term, Partner has the limited, non-exclusive, revocable right to access and use the Services for its internal business purposes in accordance with the subscription plan set forth in an Order Form.

  1. PARTNER OBLIGATIONS
    1. Partner Account: Each User shall be identified using unique login information such as usernames and passwords (“User Login”) and such User Login shall be used only by one individual.
  2. Acceptable Use: Partner agrees not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third-party, other than Users in furtherance of its internal business purposes as expressly permitted by this Agreement; (b) modify, adapt, or hack the Services or otherwise attempt to gain or gain unauthorized access to the Services or related systems or networks; (c) use the Services to store or process any content that infringes upon any person’s intellectual property rights or is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; or (d) “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services (through use of manual or automated means);
  3. Partner agrees that the Services shall be provided only upon prompt access to the Partner Data being granted by the Partner to Momos.
  4. Partner represents and warrants to Momos that the Partner owns or has the necessary rights and consents to provide the Partner Data to Momos and that doing so does not violate any applicable law, proprietary or privacy rights. Momos shall have no liability for any claims with respect to the Services arising in connection with the unavailability, inaccuracy or insufficiency of Partner Data.
  5. SERVICES
    1. Any enhancements, new features or updates (“Updates”) to the Services are also subject to this Agreement and Momos reserves the right to deploy Updates at any time.