ShopperCliq is a social e-commerce platform which provides an online marketplace (“Application”) where
registered
suppliers (“Suppliers”) can offer to sell their respective products to end consumers through registered
micro-merchants
or Key Opinion Consumers (“KOC”). The Application and the website at shoppercliq.com (“Website”)
(collectively,
the
“Platform”) are operated by Hashmeta Technology Pte Ltd (including its directors, full time employees,
subsidiaries and
affiliates, collectively, the “Company”). The Company’s role is limited to managing the Application and
associated
marketing, payment collections, order management, enquiry management and other incidental services to enable
the
transactions between the Suppliers and the KOCs.
By visiting or accessing any part of the Application or utilising the Services and accessing the Website,
users,
including without limitation users who are browsers, Suppliers, KOCs, merchants, or contributors of content
(collectively, “User”) agree to be bound by the Terms of Use (“Terms”) contained herein and by other
policies of
the
Company (“Policies”) as posted on the Application or Website from time to time. References to the User in
these
Terms
must be construed in the context in which the term is used.
The Terms and the Policies take effect on the date on which the Application is downloaded/Website is used
and/or
the
date on which they are updated, creating a legally binding arrangement between the User and the Company. The
User’s
agreement with the Company includes these Terms and the privacy policy (“Privacy Policy”) available at
https://shoppercliq.com/privacy (collectively the “Agreement”).
Users can review the most current version of the Terms and Policies at any time on this page. The Company
reserves the
right to unilaterally update, change or replace any part of these Terms by posting updates or changes to the
Application. It is the responsibility of the Users to check this page periodically for changes. The Users
continued use
of or access to the Application following the posting of any changes constitutes acceptance of those
changes. As
long as
the User complies with these Terms, the Company grants the User a personal, non-exclusive, non-transferable,
limited
privilege to enter and use our Platforms and services.
IF THE USER DOES NOT AGREE WITH THESE TERMS, THE USER IS ADVISED TO REFRAIN FROM USING THE PLATFORM. BY
ACCESSING OR
USING THE PLATFORM, THE USER IRREVOCABLY ACCEPTS THE AGREEMENT AND AGREES TO ABIDE BY THE SAME (AS UPDATED
FROM
TIME TO
TIME).
USER ELIGIBILITY The Platform can be accessed and used by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under Singapore Contract Laws. Only individuals who are eighteen (18) years of age or older may use the Application and avail Services. The Company reserves the right to terminate the Users account and / or deny access to the Platform if it is brought to the Company’s notice or if it is discovered that the User does not meet the conditions herein.
ACCOUNT REGISTRATION
The Company does not permit Users to access and view the contents of the Application without registration on
the
Application. Users may access the Application by registering to create an account and become a member. The
membership is
limited for the purpose of buying or selling products, is subject to these Terms, and strictly not
transferable.
The Users agree to provide accurate, current and complete information during the registration process and to
update such
information to keep it accurate, current and complete.
The Users are required to enter a valid phone number while registering on the Company’s Platforms. By
registering their
phone numbers with the Company, the Users consent to be contacted by the Company via phone calls, SMS
notifications or
instant messages, in case of verifications and in case of subscription/service/promotional updates. The
Users
may opt
for subscription/service/promotional updates.
Upon registration, the Users may be required to complete a verification process as part of setting up their
accounts.
Once set up, the Users are responsible for maintaining the confidentiality of their account information, and
are
fully
responsible for all activities that occur through their accounts. Should there be instances of any
unauthorised
use of
their accounts or any other breach of security, the Users are required to notify the Company to stop
processing
requests
from their accounts, until further instructions.
It is the responsibility of the Users to provide the correct mobile number so that the Company can
communicate
with the
Users via SMS. The Users understand and agree that if the Company sends an SMS but the Users do not receive
it
because
the Users’ mobile number is incorrect or out of date or blocked by the Users; service provider, or the Users
are
otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the Users
effectively.
The Company reserves the right to suspend or terminate the account or access to the Application (i) if any
information
provided during the registration process or thereafter proves to be inaccurate, not current or incomplete;
and/or (ii)
if the Users are found to be non-compliant with the Terms, Policies and/or the Privacy Policy as the case
may
be.
On registration, the Users will receive a password protected account and an identification. The Users agree
to:
(i)
maintain the confidentiality of their password;
(ii) take full responsibility for all activities by Users
accessing the
Application through their account; (iii) immediately notify the Company of any unauthorised use of their
account
or any
other breach of security that they become aware of; and (iv) ensure that they exit from their account at the
end
of each
session. The Users are solely responsible for all activities that occur under their account and that all
purchases made
by them are intended for sale or consumption in the course of their business activities.
It shall be the responsibility of the User to treat the user identification code, password and any other
piece
of
information that is provided by the Company, as part of the security procedures, as confidential and not
disclose the
same to any person or entity other than the Company. The Company shall at times and at their sole discretion
reserve the
right to disable any user identification code or password if the Users have failed to comply with any of the
provisions
of these Terms, Policies and/or the Privacy Policy as the case may be.
Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no
ownership or
other property interest in their account, and further acknowledge and agree that all rights in and to their
account are
and shall forever be owned by and inure to the benefit of the Company. However, any and every activity
undertaken by a
User under his/her account shall be the sole responsibility of such User and the Company shall not be liable
for
such
activity in any manner.
AMENDMENT TO THE TERMS The Company reserves the right to change, modify, amend, or update these Terms and/ or the Agreement from time to time and such amended provisions of these Terms and/ or the Agreement shall be effective immediately upon being posted on the Platform. If the Users do not agree with such provisions, the Users must stop using the Platform with immediate effect. The Users’ continued use of the Platform will be deemed to signify their acceptance of the amended provisions of these Terms and/ or the Agreement.
Orders and Financial Terms
The Application allows Users to place orders for the products sold by various Suppliers and the Company
will,
subject to
the terms and conditions set out herein, facilitate the placement of orders for the products to the Users.
The
Company
does not own, sell, resell products on its own and/or does not control the Suppliers. The Company reserves
the
right to
delist any product from the Application.
The Users understand that any order that they place shall be subject to the terms and conditions set out in
these Terms,
and any terms and conditions imposed by the Suppliers concerned.
On receipt of an order from a User, the Company shall send electronically a confirmation of such order to
the
Supplier
and the User concerned. Further, the Company may inform the Users about the availability or unavailability
or
change in
price of the order as informed by the Supplier concerned. Confirmation of the order shall be treated as
final.
All commercial/contractual terms are offered by and agreed to between Suppliers and the Users alone. The
commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment
terms,
date,
period and mode of delivery, warranties related to products, etc. The Company does not have any control or
does
not
determine or advise or in any way involve itself in the offering or acceptance of such
commercial/contractual
terms
between the Suppliers and the Users. All discounts and offers are by the Suppliers and not by the Company.
The Users acknowledge and agree that the Company may, at the request of the Supplier, act as the payment
agent
for the
limited purpose of accepting payments from them on behalf of the Supplier. Upon payment of the amounts to
the
Company,
which are due to the Supplier, the payment obligation to the Supplier for such amounts is completed, and the
Company
will be responsible for remitting such amounts to the seller. The Users understand, accept and agree that
the
payment
facility provided by the Company is neither a banking nor financial service but is merely a facilitator
providing a
third party payment processor for the transactions on the Application. Further, by providing payment
facility,
the
Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or
the
transaction price. The Company will not be liable for any charges made by the Users bank in relation to
payment
of the
total amount.
The Users agree to provide current, complete and accurate purchase and account information for all purchases
made on the
Application. The Company agrees to promptly update the Users account and other information, including email
addresses
and credit card numbers and expiration dates, so that the Company can complete the transactions.
In connection with any order, information such as name, billing address and credit card information will
have to
be
provided either to the Company or the third party payment processor. If the Users are directed to the third
party
payment processor, they may be subject to terms and conditions governing use of that third party’s service
and
that
third party’s personal information collection practices. Users are requested to review such terms and
conditions
and
privacy policy before using the Application.
The Company merely collects the payment on behalf of the Supplier. All applicable taxes and levies, the
rates
thereof
and the manner of applicability of such taxes on the documents are being charged and determined by the
Supplier.
The
Company holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole
liability
with
respect to any legal issue arising on the taxes payable shall be with the Supplier.
The transaction is bilateral between the Suppliers and the Users and the Company is not liable to charge or
deposit any
taxes applicable on such transaction.
As per above mentioned acts and regulations and any other relevant law in place during the tenure of this
association,
the Company understands that there is an obligation on the Supplier to ensure that the package in which the
products are
sold complies with labelling and packing requirements and other laws that may be prescribed in this regard.
Hence, it
shall be the sole responsibility of the Supplier to comply with applicable laws and the Company shall not be
held
responsible in any manner. Suppliers shall indemnify the Company and the Platform for any harm or loss in
relation to
contravention of above regulations.
Use of the Application
The Users agree, undertake and confirm that their use of the Platform shall be strictly governed by these
Terms,
Policies and the Privacy Policy.
All registration information submitted by the Users is truthful, lawful and accurate;
The Users use of the Application shall be solely for their use and they shall not authorise others to use
the
account;
The Users will not submit, post, upload, distribute, or otherwise make available or transmit any information
that: (a)
is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or
constitute
an
invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise
offensive;
(c) is
violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or
advocates
illegal
activity or the discussion of illegal activities with the intent to commit them;
All necessary licenses, consents, permissions and rights are owned by the Users and there is no need for any
payment or
permission or authorisation required from any other party or entity to use, distribute or otherwise exploit
in
all
manners permitted by these Terms, Policies and Privacy Policy, all trademarks, copyrights, patents, trade
secrets,
privacy and publicity rights and / or other proprietary rights contained in any Content that the Users
submit,
post,
upload, distribute or otherwise transmit or make available;
The Users will not use the Application in any way that is unlawful, or harms the Company or any other person
or
entity;
The Users will not post, submit, upload, distribute, or otherwise transmit or make available any software or
other
computer files that contain a virus or other harmful component, or otherwise impair or damage the
Application or
any
connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Application;
The Users will not use another person’s username, password or other account information, or another person’s
name,
likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or
affiliation
with any person or entity;
The Users will not delete or modify any content of the Application, including but not limited to,
disclaimers or
proprietary notices such as copyright or trademark symbols, logos;
In order to allow the Company to use the information supplied by the Users, without violating any rights or
any
laws,
the Users agree to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable
(through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights.
The
Company
will only use the information in accordance with these Terms of Service and Privacy Policy available at
https://ShopperCliq.com/privacy, applicable to use of the Application.
From time to time, the Suppliers shall be responsible for providing information relating to the products
proposed to be
sold by them. In this connection, the Suppliers undertake that all such information shall be accurate in all
respects.
The Suppliers shall not exaggerate or overemphasise the attributes of such products so as to mislead other
Users
in any
manner.
The Company reserves the right, but has no obligation, to monitor the materials posted on the Application.
The
Company
shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to
violate, any
applicable law or either the spirit of these Terms. In no event shall the Company assume any responsibility
or
liability
for any content posted or for any claims, damages or losses resulting from use of content and/or appearance
of
content
on the Application.
The Company shall have all the rights to take necessary action and claim damages that may occur due to the
Users
involvement/participation in any way either on their own or through group/s of people, intentionally or
unintentionally
in hacking.
The Users understand that their content may be transferred, unencrypted and involve (a) transmissions over
various
networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Users understand and acknowledge that the use of the Application requires internet connectivity and
telecommunication links. The Users shall bear the costs incurred to access and use the Application and avail
the
Services, and the Company shall not, under any circumstances whatsoever, be responsible or liable for such
costs.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The Company is not responsible for any inaccuracy, incompleteness or outdated information made available on
the
Application, either provided by the Users or the Suppliers. The material on the Application is provided for
general
information only and should not be relied upon or used as the sole basis for making decisions without
consulting
primary, more accurate, more complete or more timely sources of information. The Users agree that the
Company
does not
own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information
provided
by the
Users. Any reliance on the material on the Application is at the Users’ own risk.
The Application may contain certain historical information. Historical information, necessarily, is not
current
and is
provided for your reference only. The Company reserves the right to modify the contents of the Application
at
any time,
but has no obligation to update any information on the Application. The Users agree that it is their
responsibility to
monitor changes to the Application.
Occasionally there may be information on the Application that contains typographical errors, inaccuracies or
omissions
that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges,
transit times
and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to
change
or
update information if any information on the Application is inaccurate at any time without prior notice.
The Company undertakes no obligation to update, amend or clarify information in the Application, including
without
limitation, pricing information, except as required by law. No specified update or refresh date applied to
the
Application, should be taken to indicate that all information on the Application or pertaining to the
Services
have been
modified or updated.
DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY
The Company endeavours to make the Application available during the Company’s working hours. However, the
Company does
not represent that access to the Application will be uninterrupted, timely, error free, free of viruses or
other
harmful
components or that such defects will be corrected.
The Company does not warrant that the Application will be compatible with all hardware and software which is
used by the
Users. The Company shall not be liable for damage to, or viruses or other code that may affect, any
equipment,
software,
data or other property as a result of downloading and installing the Application.
The Company does not represent or warrant that the information available on the Application will be correct,
accurate or
otherwise reliable.
The Suppliers shall be solely responsible about the details pertaining to specifics (such as quality, value,
saleability, etc) of the products proposed to be sold or offered to be sold or purchased on the Application.
The
Company
does not implicitly or explicitly support or endorse the sale or purchase of any products nor provide any
warranty/guarantee of the products sold to the Users, and in no event shall such products be the
responsibility
of the
Company.
The Company is not responsible for any non-performance or breach of any contract entered into between the
Suppliers and
the Users. The Company cannot and does not guarantee that the concerned Suppliers will perform any
transaction
concluded
on the Application. The Company shall not and is not required to mediate or resolve any dispute or
disagreement
between
the Users concerned.
The Company does not make any representation or warranty as to the item-specifics (such as legal title,
creditworthiness, identity, etc) of any of its Users.
The Company does not at any point of time during any transaction between any Supplier and a User take
possession
of any
of the products offered nor does it at any point gain title to or have any rights or claims over such
products.
At no
time shall the Company hold any right, title or interest over the products nor shall the Company have any
obligations or
liabilities in respect of such contract entered into between the Users. The Company is not responsible for
damages or
delays as a result of products which are out of stock, unavailable or back ordered.
The Company only provides a Platform for communication and it is agreed that the contract for sale of any of
the
products shall be a strictly bipartite contract between the Suppliers and the Users concerned.
The Company shall not be liable for any misuse of the information shared by the Users with it; or through
the
Users
profile; or with a third party on the Platform, chat rooms, forums, or comments.
The Application may be under constant upgrades, and some functions and features may not be fully
operational.
The Application is provided on an “as is” and “as available” basis. The Company expressly disclaims all
warranties of
any kind, whether express or implied with respect to the records and other data that is made available by it
to
the
Users.
The Company makes no representation or warranty that: (i) the Application will be accurate or reliable; (ii)
the
Application will be uninterrupted, timely, secure, or error-free; (iii) any information that may be obtained
from the
use of the Application will be accurate, timely or complete; or (iv) any errors in any software used on the
site
or in
connection with the Application will be corrected.
The Company does not represent any of the Users or Suppliers, and disclaims any liability with respect to
any
error or
inconsistency with respect to any information relating to such Suppliers or Users displayed on the site. Any
information
provided with respect to the Users and fees payable is subject to change without notice. Any trademark, word
mark or
intellectual property of any Users or Suppliers belongs to such Users/Suppliers alone, and the Company has
no
right or
claim over the same.
Users acknowledge and agree that the Company is not an arbitrator or judge of disputes concerning
intellectual
property
and it cannot, by any means, verify that any Supplier selling or supplying merchandise on the Platform have
the
right to
sell the products. The Company encourages Users to assist it in identifying listings on the Platform, which,
according
to the Users’ knowledge or belief infringe their rights or third party rights.
The Users further acknowledge and agree that by taking down a listing, the Company does not and cannot be
deemed
to be
endorsing a claim of infringement and further in those instances in which the Company declines to take down
a
listing,
the Company does not and cannot be deemed to be endorsing that the listing is not infringing of third party
rights or
endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.
The Company reserves the right in its sole discretion to remove any material/content/photos/offers displayed
on
the
Platform which in the Company’s reasonable belief is unlawful or could subject the Company to liability or
is in
violation of these Terms or is otherwise found inappropriate in the Company’s opinion. The Company reserves
the
right to
cooperate with any investigation in this regard.
The Company reserves the right to suspend or terminate the account of a User as deemed appropriate by it.
Users
agree
that the Company shall have no liability to any Users, including liability in respect of consequential or
any
other
damages, in the event the Company takes any of the actions mentioned in this clause.
The Company is not responsible and will have no liability for: (i) any content or products provided by any
persons or
entities other than the Company; (ii) damages of any kind that result from the downloading of any data or
any
other
materials on the site or through the Application; or (iii) the failures of the internet or any data or
telecommunications equipment, system or network used in connection with the Application.
The Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or
consequential damages of any kind, including, without limitation any financial losses, loss of data,
replacement
costs,
or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use
of
the
Application, or for any other claim related in any way to the use of the Application, including, but not
limited
to, any
errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the
Application
or any content posted, transmitted, or otherwise made available via the Application, even if advised of
their
possibility.
The Company or its employees, affiliates, authors or agents shall not be liable to any party for any losses
or
injury
arising out of or relating to the information provided on the Application. In no event will the Company or
its
employees, affiliates, authors or agents be liable to the Users or any third party for any decision made or
action taken
by the Users.
Interlia, the Company does not guarantee that:
The Platform will meet the Users’ expectations; or
The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or
The results obtained through use of the Platform will be correct and reliable; or
The quality of the products, services, information, or other material purchased or obtained by the User
through
the
Platform will meet the User’s expectations.
The Users shall be solely responsible for damages to their data system or for loss of data arising from
download
of
content from the Application.
No guidance or information, written or oral, obtained from the Company or via the Platform, shall constitute
any
warranty, unless stated otherwise.
SELLING Suppliers are permitted to list products for sale on the Application in accordance with the Terms and Policies which are incorporated by way of reference in this Terms of Service. The Suppliers represent and warrant that they are legally able to sell or list the products on the Application; and the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. The Suppliers and the Users agree that the Company is not responsible for
PRIVACY
All information about Users that are collected, stored or transmitted in any way on the Application,
including
any
registration information, is subject to our Privacy Policy (the “Privacy Policy”), available on the
Platform.
The information collected by the Company through the Application includes Users’ mobile number, bank details
and
KYC for
the limited purpose of fulfilling transactions on the Application.
Compilation of user accounts and user accounts bearing contact number and e-mail addresses are owned by the
Company.
The Users agree that information about their use of the Platform through their mobile telecommunication
device
may be
communicated to the Company, and the Company may obtain information from the Users’ mobile carrier or mobile
device. In
addition, use of the Platform through a mobile telecommunication device may cause data to be displayed on
and
through
the Users’ mobile device. By accessing the Platform using a mobile telecommunication device, the Users
represent
that to
the extent they import any of their data to their mobile telecommunication device they have authority to
share
the
transferred data with their mobile carrier or other access provider.
The Users agree to promptly update their account information in the event of change or deactivation of their
mobile
account to ensure that the messages intended for them are not sent to another person. Failure to do so is
the
sole
responsibility of the Users.
The Users acknowledge that they are responsible for all charges and necessary permissions related to
accessing
the
Platform through their mobile access provider. The Company urges the Users to check with their providers to
find
out if
the Platform is available on their mobile devices.
DISCLOSURE
The Users acknowledge, consent and agree that the Company may access, preserve and disclose their account
information if
required to do so by law or in a good faith belief that such access, preservation or disclosure is
reasonably
necessary
to:
comply with legal process nationally or internationally;
enforce these Terms;
respond to your requests for service or complete your tasks;
protect the rights, property or personal safety of the Company, its subscribers and the public, or pursuant
to
the terms
of the Privacy Policy.
THIRD PARTY LINKS
Certain content or products available via the Application may include materials from third-parties.
Third-party links on the Application may direct the Users to third-party websites that are not affiliated
with
the
Company. The Company is not responsible for examining or evaluating the content or accuracy and does not
warrant
and
will not have any liability or responsibility for any third-party materials or websites, or for any other
materials,
products, or services of third-parties.
The Company is not liable for any harm or damages related to the purchase or use of goods, services,
resources,
content,
or any other transactions made in connection with any third-party websites. Please review carefully the
third-party’s
policies and practices and make sure to understand them before engaging in any transactions. Complaints,
claims,
concerns, or questions regarding third-party products should be directed to the third-party.
OPTIONAL TOOLS
The Company may provide you with access to third-party tools over which Company neither monitors nor has any
control nor
input.
The Users acknowledge and agree that access to such tools is in an “as is” and “as available” basis, without
any
warranties, representations or conditions of any kind and without any endorsement. The Company shall have no
liability
whatsoever arising from or relating to your use of optional third-party tools.
Any use by the Users of the optional tools offered through the Application is entirely at their own risk and
discretion
and it is the responsibility of the Users that they ensure that they are familiar with and approve of the
terms
on which
tools are provided by the relevant third-party provider(s).
The Company may also, in the future, offer new features through the Application (including, the release of
new
tools and
resources). Such new features shall also be subject to these Terms of Service.
SECURITY COMPONENTS The Users understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company or other parties that facilitate the same. The Users agree that they will not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in the Platform.
INTELLECTUAL PROPERTY
The Company is either the owner of intellectual property rights or has the non-exclusive, worldwide,
perpetual,
irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual
property,
on the
Application, and on the material published on it in cases where it may be so construed. The Users
acknowledge
that the
copyright in the information shared with the Company by the Suppliers or other content providers may vest in
such
persons and not in the Company unless otherwise stated.
“ShopperCliq” and related icons and logos whether registered or unregistered are the trademarks of the
Company
and are
protected under applicable copyright, trademark and other proprietary and intellectual property laws. Users’
unauthorised adoption copying, modification, use or publication of these marks is strictly prohibited.
All Content including Information (defined below) is copyrighted to the Company excluding any third-party
content
including without limitation, content shared by Suppliers and any links to any third-party websites being
made
available
or contained on the Platform. Users may not use any trademark, service mark or logo of any independent third
parties
without prior written approval from such parties.
The Users must not modify the paper or digital copies of any materials printed or downloaded in any way, and
they must
not use any illustrations, photographs, video or audio sequences or any graphics separately from any
accompanying text.
The Users must not use any part of the materials on the Application for commercial purposes without
obtaining a
licence
to do so from the Company.
All rights, not otherwise claimed under these Terms by the Company are hereby reserved.
Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from
the
Platform
or any offer displayed on the Platform (“Information”) is intended, solely to provide general information
for
the
personal use of the Users, who fully accept any and all responsibility and liabilities arising from and out
of
the use
of such Information.
The Company does not represent, warrant or endorse in any manner the accuracy or reliability of such
Information, or the
quality of any products and/or services obtained by the Users as a result of any such Information.
The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the
results
obtained
from the use of the Information, and without warranty of any kind, express or implied, including, but not
limited to
warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in these
Terms shall
to any extent substitute for the independent investigations and the sound technical and business judgment of
the
Users.
In no event shall the Company be liable for any direct, indirect, incidental, punitive, or consequential
damages
of any
kind whatsoever with respect to the User(s) use of such products.
COMMUNICATIONS The Company urges the users to beware of fake offers and fraudulent callers/messengers who may impersonate themselves as representatives of the Company. The Company’s authorised representatives will never contact the Users to demand money for prizes or ask for password/PIN/CVV. In the event you are asked for confidential details by anyone posing as the Company’s representatives, please ask them to communicate with you through email and only respond to emails from ShopperCliq.com domain.
FORCE MAJEURE The Company shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting the Company and/or the Platform. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network that are beyond the Company’s control. Hindrance, delay or complication in the maintenance of the Platform entitles the Company to suspend or limit the Platform until further notice.
INDEMNIFICATION
The Users shall indemnify, defend, and hold harmless the Company and its subsidiaries, affiliates, partners,
officers,
directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and
employees,
from and
against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands,
costs, and
expenses (including legal and statutory fees and disbursements in connection therewith and interest
chargeable
thereon)
asserted against or incurred by the Company that arise out of, result from, or in connection with:
the User’s breach of these Terms;
any claims made by any third party due to, or arising out of, or in connection with User’s use of
Platform;
the User’s violation of any rights of another, including intellectual property rights;
and the User’s violation of any applicable laws.
Notwithstanding anything to the contrary in these Terms, in no event shall the Company and its affiliates,
if
any, be
liable to the User or anyone claiming through the User in respect of any subject matter of these Terms under
contract,
negligence, strict liability or other legal or equitable theory for any special, incidental, indirect,
consequential,
exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated
profits,
whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or
whether
or not
the Company has been advised of the possibility of such damages, or based on any theory of liability,
including
breach
of contract or warranty or negligence or any other claim arising out of or in connection with the use of or
access of
the Application.
SEVERABILITY In the event any provision of these Terms, Policies or the is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
These Terms are effective unless and until terminated by either the Company or the Users. The Users may
terminate these
Terms of Service at any time by notifying the Company that they no longer wish to use the Application or the
Services,
or when they cease using the Application.
If in the Company’s sole judgment the Users fail, or it is suspected or discovered that the Users have
failed to
comply
with any term or provision of these Terms, the Company may also terminate their access to the Application,
or
cease the
provision of the services at any time without notice and the Users will remain liable for all amounts due up
to
and
including the date of termination; and/or accordingly may deny the Users access to the Application or the
services (or
any part thereof).
ENTIRE AGREEMENT
These Terms, Policies, Privacy Policies and any policies or operating rules posted by the Company on the
Application
constitute the entire agreement and understanding between the Users and the Company with respect to the
Application, and
supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written,
between the
Users and the Company (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms shall not be construed against the Company.
WAIVER The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
GOVERNING LAW AND DISPUTE RESOLUTION These Terms are governed by the laws of Singapore. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Application, shall be subject to the jurisdiction of the courts at Singapore.
CONTACT INFORMATION Questions about the Terms should be sent to us at hello@shoppercliq.com.
POLICIES Policies related to returns/ exchanges, penalties, refunds, cancellation will be updated in the Application from time to time. The Company holds the right to change these policies as required in the Application without any permission from the Users.
NOTICES
All notices or demands to or upon the Company shall in writing and shall be deemed to be duly made when sent
to
30A
Kallang Place, #11-08/09 Singapore.
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by
courier,
certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the
User(s) on
the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible.
Notice to a User(s) shall be deemed to be received by such User(s) if and when the Platform is able to
demonstrate that
communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon
Platform’s
posting such notice on an area of the Platform that is publicly accessible.
MISCELLANEOUS
Headings for any section of these Terms are for reference purposes only and in no way define, limit,
construe or
describe the scope or extent of such section.
The Company shall have the right to assign its obligations and duties in these Terms to any person or
entity.
All calls to the Company are completely confidential. However, the Users’ calls may be recorded to ensure
quality of
service. Further, for training purposes and to ensure excellent customer service, calls from the Company may
be
monitored and recorded.
Any complaints or concerns with regard to the Platform or any breach of these Terms or Privacy Policy can be
directed to
the designated Grievance Officer in writing at hello@shoppercliq.com.