The Platform is a marketplace that allows certain merchants of goods and services (the “Merchants”) to offer and sell their products (the “Products”) and/or vouchers and coupons for their products or services (the “Deals”) to customers.
We license use of the Platform to you on the basis of this Agreement. We do not sell the Platform to you and we remain the owner of the Platform at all times.
MPORTANT NOTICE TO ALL USERS:
- THE TERMS OF THIS AGREEMENT INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY AND INDEMNITIES IN PARAGRAPHS 1.9, 11, 12, AND 13.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT LICENSE USE OF THE PLATFORM TO YOU AND YOU MUST NOT USE THE PLATFORM.
- BREACH OF ANY OF THE TERMS OF THIS AGREEMENT WILL ENTITLE US TO TAKE ANY LEGAL ACTION AGAINST YOU AS WE MAY DEEM APPROPRIATE, WITHOUT REFERENCE TO YOU.
You should print a copy of this Agreement for future reference.
1.1 The provisions set out in this Agreement govern your access to and your use of the Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time without prior notice. If you do not agree to such terms, you must not use the Platform.
1.2 Subject to you agreeing to abide by the terms of this Agreement, we hereby grant to you a personal, non-exclusive and non-transferable licence to use the Platform on the terms of this Agreement.
1.3 By registering an account with us (which involves providing us with certain mandatory and voluntary information as required for a successful registration) and using the Platform, you confirm that:
(a) you have read the terms set out in this Agreement and agree to be bound by and comply with them; and
(b) you are 18 years old or above. If you are under 18 years of age, your parents or legal guardian must register an account with us instead on your behalf.
1.4 You are responsible for maintaining the confidentiality of your account, and you are responsible for all activities that occur under your account. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your account.
1.5 We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to the Platform (including access to your account with us) at any time, remove or edit content (including content submitted by you) on the Platform or on any of our affiliated websites (including social media pages), or cancel any Services provided to you.
1.6 Save as otherwise permitted by us under any other agreement, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites (including social media pages) to advertise, promote or market any products or services of any third party or yourself.
1.7 We reserve the right to change, modify, suspend or discontinue any portion of the Services, Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted, be suspended or encounter technical difficulties.
(b) Our Acceptable Use Policy (see Schedule 2) sets out the permitted uses and prohibited uses of our Platform. When using our Platform, including uploading any content, you must comply with this Acceptable Use Policy.
1.9 You may be offered the option to purchase products on our Platform through a hire-purchase instalment plan. In the event you choose this option, you will be required to agree to a separate hire-purchase agreement (the “Hire Purchase Agreement”) with MONETIUM LEASING PTE. LTD. (“Monetium”), who we work in collaboration with to offer you financing options for your purchases on the Platform. We shall not at any time be liable for any obligations of Monetium under the Hire Purchase Agreement, unless expressly agreed in writing by us, and we do not make any representations or warranties as to the licenses held by, or the regulatory status of, Monetium. The terms of such hire-purchase are governed solely by the Hire Purchase Agreement and the transactions thereunder shall be at your own risk. You shall indemnify and hold us harmless from and against any claims, losses, damages, costs and/or expenses arising in relation to the Hire Purchase Agreement, save as where such claims, losses, damages, costs and/or expenses result directly from our act or default.
Except as expressly set out in this Agreement or as permitted by any local law, you undertake:
(a) not to reproduce, copy, modify, adapt, alter, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of the Platform or any of the contents therein for any commercial or other purposes;
(b) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of the Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, the Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
(c) not to provide or otherwise make available the Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
(d) to include our copyright notice on all entire and partial copies you make of the Platform on any medium;
(e) to comply with all applicable technology control or export laws and regulations; and
(f) not to disrupt, disable, or otherwise impair the proper working of the Services, the Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge that all intellectual property rights in the Platform anywhere in the world belong to us, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform other than the right to use them in accordance with the terms of this Agreement.
3.2 You acknowledge that you have no right to have access to the Platform in source code form.
3.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded from the Platform in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4 Our status (and that of any identified contributors) as the authors of content on the Platform must always be acknowledged.
3.5 You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
4. UPLOADING CONTENT TO OUR PLATFORM
4.1 You irrevocably and unconditionally represent and warrant that any content uploaded by yourself to our Platform complies with our Acceptable Use Policy and the PDPA.
4.2 We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
4.3 We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under Singapore law.
4.4 We will not be responsible, or liable to any third party, for the content or accuracy of any content or data uploaded by you or any other user of our Platform.
4.5 We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
5. ORDER POLICY
5.1 You acknowledge and agree that the Merchants are the sellers and issuers of the Products and Deals, and are solely responsible to customers for the care, quality and delivery of the Products either purchased by the customer directly through the Platform or redeemed under any Deal.
5.2 We will attempt to be as accurate as possible in our description of the Products or Deals offered by us on the Platform. Notwithstanding the foregoing, we do not warrant that any description of Products or Deals or other information, content or materials displayed or offered by the Merchants, including the price of any Product or Deal, or otherwise by us as part of the Services, is accurate, complete, reliable or current. You agree that we will not be liable for any disparities or errors in such description, information, content or materials.
5.3 All orders made by you for a Product on the Platform are subject to the stock availability of the relevant Merchant. We reserve the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any Product is out of stock or unavailable for any reason. We also reserve the right to limit your order of a Product to the quantity available at that time.
5.5 We will not be liable for the contents of the Fine Print nor the description of the Products or Deals offered via the Platform. In the event of any complaint regarding the Fine Print or such Description, you are responsible for contacting the Merchant directly.
5.6 By placing your order on the Platform, you authorise us to transmit information about you from and to third parties from time to time, including but not limited to verification checks that we may be required to make involving payment in order to authenticate your identity, validate such payment, and enable us to make delivery of the ordered Product to you. We will not be liable for any unauthorised disclosure or use of your information by third parties.
5.7 We will not process any orders that attempt to use an expired, incorrect or otherwise nonfunctioning credit or debit card (including but not limited to cards that have exceeded their limit). In the event that any such order is processed, we reserve the right to collect any unpaid sums from you through an alternate payment method, and to charge an administrative fee at our prevailing rates then in force for the same.
6. DELIVERY POLICY
6.1 We deliver to anywhere on the main island of Singapore. Additional fees may be payable for delivery to addresses outside of the main island of Singapore.
6.2 We may arrange for the delivery of any Products purchased by you via the Platform by a thirdparty logistics vendor or, where this option is chosen by you, through our in-house logistics vendor (the “Deliverer”). The timing for delivery of any Product is subject to the availability of the Deliverer.
6.3 We will not be responsible for any delay in the delivery of a Product unless such delay results directly from our negligence or omission. We will not be responsible for any damage sustained by or the loss of any Product during the delivery process or at any other time.
6.4 To facilitate in the smooth delivery of Products, please ensure that your personal details in your account with us and any other information as requested by the Merchant are accurate and upto-date. Please also ensure that you input the correct details whenever you place an order for a Product. Any change in your personal details or your order details (including but not limited to the delivery address) will be considered by us in our sole discretion, and is subject always to the ability of the Merchant and/or the Deliverer to accommodate such change. In the event that such change is accepted by us, this may be subject to an administrative fee. This administrative fee is subject to change at our sole discretion and may take effect with immediate notice.
6.5 You may track the delivery of the Products through the Platform. We will use reasonable endeavours to ensure the accuracy of such tracking information.
6.6 If you fail to receive any Product which is reflected as delivered on the Platform, kindly email us at firstname.lastname@example.org.
6.7 We are not and will not become, at any point in time, the holder of any beneficial or legal interest in any Product. We will not at any time take possession of the Products save as where the Deliverer is our in-house logistics vendor. We will not be responsible for any damage sustained by or the loss of any Product during the delivery process or at any other time, save as where this results from our gross negligence or fault.
7. CANCELLATION POLICY
7.1 Please note that all cancellations of orders shall be accepted by us on a case-by-case basis. If we agree to cancel an order after it has been submitted, or if we have to arrange for a redelivery of any ordered Products for any reason whatsoever (including but not limited to the event where no one is at the delivery location to receive the Products), we reserve the right to charge an administrative fee at our prevailing rates then in force.
7.2 In the event of a successful cancellation, we will issue a refund for the order, save that shipping fees for the cancelled order may be refunded only on a case-by-case basis. As the refund shall be processed by third party payment vendors, we will not be held liable for any delay in the processing of refunds.
7.3 Where you have signed a Hire Purchase Agreement for any products with Monetium, the cancellation of the order for such products, or any refund for or return of any such products, will not automatically terminate the Hire Purchase Agreement or the financing plans thereunder. You must terminate the Hire Purchase Agreement in accordance with the terms and conditions set out therein. Please note that early termination of the Hire Purchase Agreement may incur additional charges, as set out in therein.
8.1 In the event that you wish to seek a refund for any defective Products purchased by you via the Platform, you are responsible for contacting us directly. We will not accept any other claims for refunds for Products purchased on the Platform.
8.2 We may at our discretion issue a refund for such defective Products, provided always that:
(a) the request for refund is received by us within seven (7) days of the date of the purchase, as reflected in the receipt for the Products;
(b) the Products are, if requested by us, returned to us in their original packaging and are, in our opinion, in a resalable state; and
(c) the Products were defective at the point of delivery and were not damaged, repaired or otherwise altered by you. We shall be entitled to request more information from you regarding the defect(s), including supporting documentation and photographic evidence.
8.3 Shipping fees for the defective Products may be refunded to you on a case-by-case basis.
8.4 We will not issue any refunds or offer any exchanges for Deals, nor may any Deals be redeemed for cash. Any purchase of a Deal is final. Please ensure that you read the Fine Print carefully before purchasing any Deals.
8.5 All refunds will generally be made by way of gift vouchers, in-store credits or promotional codes on the Platform, and will be subject to the deduction of any outstanding fees and charges. As the refund shall be processed by third party payment vendors, we will not be held liable for any delay in the processing of refunds.
9. RETURNS AND REPLACEMENT
9.1 Save as provided in clause 8, we will not accept return of any Products purchased through the Platform, nor will we offer any replacement for any Products. All returns of Products and claims for replacements of Products must be made directly to the Merchant.
9.2 For the avoidance of doubt, we do not offer any warranty for Products. The manufacturer and/or the Merchant of the Product is/are solely responsible for the provision of warranty. You are responsible for contacting the relevant manufacturer or Merchant for any warranty claims.
9.3 We do not guarantee the successful return or replacement of any Products and shall not be liable for any such return or replacement.
9.4 Shipping fees for the Products may be refunded to you on a case-by-case basis. You are responsible for all return shipping charges. You may check the Platform for any shipping services available for return of Products to sellers and the applicable charges thereon.
10.1 In the event that a Merchant for any Product or Deal purchased through the Platform fails to respond to a claim made by you in relation to the Product or Deal within a period of fourteen (14) days from the date of the claim, you may open a claim with us via the Platform (a “Claim”).
10.2 We shall be entitled to request more information from you regarding the dispute, including supporting documentation and photographic evidence.
10.3 We will review each Claim on a case-by-case basis. We are not obliged at any time to review a Claim. We do not guarantee and/or warrant any return or replacement of a Product, any successful redemption of a Deal, or other resolution of the dispute in your favour. Our decision regarding the Claim shall be final.
11.1 While we make all efforts to maintain the accuracy of the information on the Platform, we provide the Services, Platform and all information, content, materials, products and other services included on or otherwise made available to you through the Services (the “Related Content”) on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. You expressly agree that your use of the Services and the Platform is at your sole risk.
11.2 To the full extent permissible by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, the Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components. We do not warrant that the Platform offers the best available prices or guarantee against pricing errors.
12. LIMITATION OF LIABILITY
12.1 Save as otherwise permitted by us under any other agreement, you agree not to use the Services, the Platform and the Related Content for any commercial, business or re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement (including but not limited to the use of, or inability to use, the Services, the Platform or any other website or software) for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) loss of business opportunity, goodwill or reputation; or
(f) any other indirect or consequential loss or damage.
12.2 Nothing in this Agreement shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud, or any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
12.3 This Agreement sets out the full extent of our obligations and liabilities in respect of the supply of the Services and the Platform. Except as expressly stated in this Agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and the Platform which might otherwise be implied into, or incorporated in, this Agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of the Platform, Services and/or any websites or software in relation thereto or otherwise, and whether under this Agreement (including our Acceptable Use Policy), any laws or regulations or otherwise.
14. OTHER IMPORTANT TERMS
14.1 We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or obligations under this Agreement.
14.2 You may only transfer your rights or your obligations under this Agreement to another person if we agree first in writing.
14.3 No partnership or agency or employment relationship has arisen by reason of this Agreement.
14.4 This Agreement and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made
innocently or negligently) that is not set out in this Agreement or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement or any document expressly referred to in it.
14.5 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6 Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
14.7 This Agreement, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by Singapore law. In the event of any such disputes or claims in connection with this Agreement, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Singapore.