T&Cs

 

WEBSITE AND USER TERMS AND CONDITIONS

 

1IMPORTANT NOTICE

 

1.1This document sets out the general terms and conditions (“Terms”) of our business relationship with you. In particular, these Terms will apply to your use of the Service,Website, Application and all transactions and purchases that you make through our Website and our Application. In these Terms, “we”, “us” and “our” refer to X collective Pte Ltd. Whilst “you”, “your”, “User” or the “Purchaser” refers to you.

 

1.2Please read these Terms carefully. By browsing, accessing or using the Website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to these Terms and to our privacy policy which may be found here.

 

1.3Your use of the Application is subject to these Terms and such other additional terms and conditions as we may impose from time to time. You will be informed of such additional terms and conditions accordingly.

 

1.4If you do not agree to these Terms and/or other relevant terms and conditions which have been made known to you, you should immediately stop (i) accessing the Website,(ii) using the Application, (iii) using the Service, and/or (iv) purchasing any Vouchers.

 

1.5We do not endorse or recommend any particular Merchant, its products and services.  You purchase Vouchers for the products and services at your own risk.

 

1.6You acknowledge that there are inherent risks in conducting transactions over the internet or electronic networks and you have voluntarily assumed those risks.

 

1.7The Website is owned and operated by X collective Pte Ltd. Any notifications under the Singapore Copyright Act (Cap. 63) shall be sent and addressed to the following SMRT representative:

 

Contact Us                :        Contact Us

 

 

2DEFINITIONS

 

2.1The meaning of the capitalized words used in these Terms are as follows:

 

2.1.1“Application” refers to the iMOB Shop mobile software application which may be downloaded by you from platforms (such as the Apple App Store and Google Play) as we may determine from time to time and which after installation on a mobile device, may be used to view the availability of Vouchers and/or to purchase such Vouchers.

 

2.1.2"Merchant" means a provider of goods and/or services from whom a Voucher may be redeemed.

 

2.1.3"Service" means all or any of the services provided by us to you including but not limited to the information services, content and transaction capabilities on the Website and Application.

 

2.1.4"Voucher" means a token, whether in digital or tangible form, issued by us on behalf of a Merchant to you, which allows you to redeem the Voucher Items from that Merchant subject to these Terms.

 

2.1.5"Voucher Items" means goods and/or services offered by a particular Merchant which will be provided to you in exchange for a Voucher you had purchased.

 

2.1.6"Website" means the iMOB Shop website at www.imobshop.sg where you may view the availability of Vouchers and/or to purchase such Vouchers in connection with various Merchant promotions.

 

 

3TERMS SUBJECT TO CHANGE

 

3.1These Terms are subject to change from time to time and any changes will be uploaded on the Website. These changes shall take effect from the date of upload and continued use of the Service, Application, Website or purchase of a Voucher from such date will be deemed to constitute acceptance of the new Terms. It is your responsibility to check the Website for such changes from time to time.

 

 

4USE AND ACCESS

 

4.1You must be 18 years or over and able to enter into legally binding contracts to use the Website, Application and/or the Service and to purchase any Voucher. You represent and warrant that you are at least 18 years old as at the date of submitting your registration form to us (see Clause 5 below).

 

4.2The Website, Application and Service cater predominantly to those who access the Website or Application from Singapore. If you choose to access the Website or Application (or use the Service or make a purchase) from locations outside Singapore, you do so of your own accord. Regardless of the location from which such access is made, you are solely responsible for the consequences and for compliance with all applicable laws.

 

4.3You should make your own evaluation of the accuracy or completeness of any information, promotion or content available through the Website and/or Application.

 

4.4We do not guarantee that the Service, Application or the Website will be free of faults or that Vouchers will be free of error.  We do not accept liability for any errors or omissions. If you encounter a technical error or fault with the Website or Application, you should report it by Contact Us at iMOB Shop.

 

4.5We reserve the right to change, modify, substitute, suspend, withdraw or remove without notice any information, Voucher or the Service from time to time. Your access to the Website, Application and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds).

 

4.6The Website and Application uses cookies. A cookie is a small text file that is placed on your computer or mobile phone. It transmits data to us that helps us analyse web page traffic and improve the Website and Application in order to tailor it to users’ needs. We may use cookies to personalise your online experience by gathering information about your usage patterns and preferences and triggering our web applications to respond to you according to those patterns and preferences. A cookie does not give us access to your computer or mobile phone.  You may alter your computer or mobile phone to disallow the operation of cookies and/or other aspects of the Website and Application. However, if you do so, the operation of the Website and/or Application may be affected and you may not obtain the full benefit of the Website and/or Application. If you view other website(s) created by third party(ies), you should note that a cookie from third party(ies) may be placed on your computer or mobile phone by such third party website(s) that we do not control.

 

5REGISTRATION

 

5.1All accounts must be registered with a valid personal email address.  We may require you to re-validate your account if we believe it has been registered using an invalid email address. You do not need to register to browse the Website or download the Application. However, you must register and set up an account in order to purchase Vouchers from the Website or Application. We reserve the right to decline a registration.

 

5.2Through the registration process, we will collect the personal data / information identified on registration form. We may also collect personal data / information from you when you make a purchase at the Website or through the Application. Our collection, use and disclosure of your personal data / information is subject to these Terms and to our privacy policy which may be found here.

 

5.3Upon successful registration, an account would be created for you and we will provide you with a password with which to operate your account. You are responsible for all use of the Service and all transactions entered into by means of the Service, Website or Application under your account. You shall not divulge your account details, including your password, to anyone. You remain responsible for all transactions which may occur as a result of a disclosure by you of your password to third parties or through any unauthorized access to your personal data / information by third parties. If your password has been compromised, you should immediately notify us and change your password.  We will never ask you for your password.

 

5.4You can see, review and change most of your personal data / information by signing on to the Website. You must promptly update your personal data / information if there are changes or if you realize that it is inaccurate.  Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal data / information from view as soon as reasonably possible. We do retain personal data / information from closed accounts for, among other reasons, to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce the Terms, and/or take other actions permitted by law.

 

5.5If you access our Website from a shared computer you understand and accept the risks of doing so.

 

5.6 We reserve the right to close your account if you use proxy IPs (Internet Protocol addresses) to attempt to hide the use of multiple registration accounts, or if you being a non-Singapore user pretends to be a Singapore user, or if you disrupt the Website or the Service in any way. If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.

 

5.7The Merchant, and not us, is:

 

5.7.1The seller of the Voucher and Voucher Items. We only facilitate the provision of the Vouchers to you;

 

5.7.2Solely responsible for providing you with the Voucher Items and for the Voucher Items themselves; and

 

5.7.3Solely responsible for redemption of any Voucher.

 

 

6REDEMPTION

 

6.1A Voucher may only be redeemed according to the Voucher Terms (as defined in Clause 8.1 below) or any other applicable terms. If you require an alternative redemption arrangement other than that stipulated in such terms, you will need to liaise and settle such arrangements directly with the Merchant.

 

 

7CANCELLATION AND REFUNDS

 

7.1Once a Voucher has been purchased by you, no cancellation by you shall be allowed.

 

7.2We have the right to cancel your purchase of a Voucher. In the case of our cancellation of your purchase of a Voucher for any reason (including non-availability of the Voucher Items), we will notify you and return any payment that you have made.

 

7.3We will refund any money received from you using the same method used by you to pay for the Voucher Items.

 

 

8YOUR OBLIGATIONS

 

8.1Your purchase of the Vouchers and/or the redemption of the Voucher Items are subject to these Terms and also to additional terms and conditions relevant to that Voucher or Voucher Items (“Voucher Terms”). Amongst other things, the Voucher Terms may pertain to the validity period of the Voucher, the location where the Voucher may be redeemed and the times during which the Voucher may be redeemed. You will be notified of the Voucher Terms accordingly. You agree to comply with the Voucher Terms.

 

8.2You agree not to reproduce multiple copies of the Voucher, alter, sell, re-sell or otherwise engage in any trade of or dealings with a Voucher. Any attempt to carry out any of these actions may render the Voucher void or cancelled.

 

8.3Neither we nor the Merchant are responsible for misplaced, lost, stolen or mutilated Vouchers. The Voucher (including, but not limited to, any discounts stated in the Voucher) expires on the date specified on the Voucher. It is at the discretion of the Merchant to determine whether Vouchers can be combined with any other promotions, vouchers, third party certificates and/or coupons.

 

8.4You warrant that all information you provide in connection with the Website, Application and Service are, complete and accurate and that you will promptly inform us of any changes to such information.

 

8.5You must not use or permit or instruct anyone else to use the Service, Application or Website:

 

8.5.1For business purposes as the Service Application and Website is provided for your non-commercial and personal use only;

 

8.5.2For any activities which breach any laws, infringe any third party’s rights, or breach any standards, guidelines, codes, or requirements set out  by any statutory authority;

 

8.5.3To send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights; or

 

8.5.4To send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) whether to your computer or ours.

 

8.6You must not and shall not instruct or permit any third party, whether directly or indirectly, to do any of the following:

 

8.6.1Re-sell the Website, Application, Service or any Voucher;

 

8.6.2Attempt to circumvent our security, network or telecommunications system including accessing data not intended for you, logging into a server or account you are not expressly authorized to access, or probing the security of other networks (such as running a port scan);

 

8.6.3Engage in any conduct which, in our opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service;

 

8.6.4Accessing the Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure; or

 

8.6.5Executing any form of network monitoring which will intercept data not intended for you.

 

8.7Any attempted redemption of a Voucher not consistent with these Terms and/or the Voucher Terms may render a Voucher void at our (or a Merchant’s) discretion. All Vouchers are non-refundable once purchased.

 

 

9SUSPENSION AND TERMINATION

 

9.1We may terminate these Terms at any time. In particular, we may immediately terminate your use of the Website, Application, Service or Voucher in the event we consider, in our sole discretion, any of your conduct to be unacceptable, or in the event you breach these Terms. This would include but not be limited to closing your account with us and removing you from our database of registered users.

 

9.2Our right to terminate these Terms shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

 

9.3Without prejudice to the above, we may, in certain circumstances, choose to suspend your use of the Website, Application, Service or Voucher if you use, or a person authorized by you uses, the Website, Application, Service or a Voucher in breach of these Terms.  We may restore your right to use the Website, Application, Service or Voucher at our discretion.

 

9.4The provisions herein that are either expressed to survive the expiry or termination of these Terms; or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of these Terms. In the event you use Vouchers, then those provisions applicable to Vouchers will survive termination of these Terms.

 

 

10INDEMNITY

 

10.1You shall indemnify us, our related corporations and their respective directors, officers, employees and agents from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of and in connection with the use of the Website, Application, Service or Voucher, including any breach of these Terms by you or any other person using your identification details, account or password.

 

10.2To the extent permitted under applicable laws, you hereby release us, our related corporations and their respective directors, officers, employees and agents from any and all claims or liabilities related to any Voucher Items or service of a Merchant, any action or inaction by Merchant, including Merchant's non-performance, failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.

 

 

11STANDARDS AND LIMITATION OF LIABILITY

 

11.1We warrant that:

 

11.1.1We will exercise reasonable care and skill in performing our obligations under these Terms, and

 

11.1.2The Merchant has authorized us to sell and/or distribute the Vouchers on its behalf.

 

11.2The Services, Website and Application are provided on an “as is” basis and we disclaim all implied warranties, including without limitation, implied warranties as to the availability, fitness for purpose, merchantability, quality and condition of the Services, Website, Application Vouchers and Voucher Items.  In particular, we do not warrant that:-

 

11.2.1Your use of the Service, Application or the Website will be uninterrupted;

 

11.2.2Any information (or messages) transmitted via the Service, Application or the Website will be transmitted accurately, reliably, in a timely manner or at all; or

 

11.2.3The Service, Application or the Website is free from viruses or anything else which may have a harmful effect on any technology.

 

11.3Further, we shall not be responsible or liable for:-

 

11.3.1the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;

 

11.3.2any data lost or altered during transmission or any consequences arising from such lost or altered data;

 

11.3.3The accuracy, completeness, fitness for purpose or legality of any information provided by you or accessed by you using the Application, Service or Website;

 

11.3.4Your use of any information or materials on the Website or Application;

 

11.3.5The quality, safety, usability or any other aspect of the Voucher Items provided in exchange for a Voucher as this is the responsibility of the relevant Merchant; or

 

11.3.6Any consequential or indirect losses including but not limited to damage to or corruption of data, loss of opportunity, goodwill, reputation or anticipated savings.

 

11.4The representation and/or description of any Voucher Items displayed on the Website and/or Application are not shown to actual size and are not binding as to detail.  All pictures, photos and descriptions of Voucher Items on the Website and/or Application are for illustrative purposes only and may not reflect the actual Voucher Items.  We do not warrant that the actual Voucher Items provided by a Merchant will fit or match the pictures, photos or descriptions of the products or services.  All representation / descriptions on the Website and/or Application are subject to change without any prior notice.

 

11.5In no event shall we or any of our related persons or related corporations be liable for any incidental, special, punitive, or consequential damages of any kind (including, without limitation, potential loss, loss of income, loss of profits or other pecuniary loss).

 

11.6Our total liability to you or any third party under any theory of law shall in no circumstances exceed, in aggregate, a sum equal to S$50 in relation to any claim in connection with (i) your purchase of one or more Vouchers, and/or (ii) the Voucher Items associated with the Vouchers purchased by you.

 

 

12LINKS TO THIRD PARTY WEBSITES

 

12.1Our Website and Application may contain links to third party sites, including but not limited to social networking sites such as Facebook or Instagram, advertisements and resources (collectively "Third Party Websites"). You acknowledge that we do not operate or control such Third Party Websites. We will not be responsible for (i) such Third Party Websites including but not limited to their content or products or services, and (ii) any loss or damage that you may incur from arising from your access, purchase and/or use of such Third Party Websites and their content, products or services. If you decide to access any of the Third Party Websites linked to the Website or Application, you do so entirely at your own risk.

 

 

13INTELLECTUAL PROPERTY RIGHTS

 

13.1All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, and information content on the Website, Application or accessed as part of the Service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) are owned by and shall remain our property or that of our licensors or Merchants. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. You may not otherwise reproduce, modify, copy or distribute, exploit, sub-license or use for commercial purposes any of the materials or content listed above without our permission.

 

13.2Any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under the Singapore Personal Data Protection Act (No. 26 of 2012). You grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.

 

 

14QUERIES AND DISPUTE RESOLUTION

 

14.1If you have any queries or feedback, please contact Customer Service at Contact Us.

 

14.2You will need to approach the Merchant directly to resolve any disputes or queries you might have in connection with the redemption of a Voucher or the Voucher Items.  We may, at our absolute discretion, facilitate and assist you with any such disputes or queries but we do not represent or warrant that our involvement will necessarily result in the dispute or query being resolved.  For the avoidance of doubt, we are merely the intermediary between you and the Merchant and will not be responsible for any defective or substandard product or services provided by the Merchant or for any non-performance by the Merchant.

 

14.3In the event of any dispute or difference arising out of or in connection with or in relation to these Terms, including any question regarding the existence, validity, application or interpretation of these Terms or any of its provisions, both parties shall endeavour to settle the dispute informally by agreement between the parties.  Both parties shall always act in good faith and co-operate with each other to resolve any disputes.

 

14.4Notwithstanding anything in these Terms, if the dispute is not settled in accordance with the clause above, the parties shall endeavour to resolve the same through mediation in accordance with the mediation rules of the Singapore Mediation Centre. A party who receives a notice for mediation from the other party shall consent and participate in the mediation process in accordance with this clause. Failure to comply with this clause shall be deemed to be a breach of these Terms.

 

14.5If the parties are unable to resolve the dispute after mediation, then subject to the right of either party to apply to the Singapore courts for equitable relief available to preserve the status quo or to prevent irreparable harm, the dispute shall be referred to and finally resolved by arbitration in Singapore in the English language, conducted in private in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force which rules are deemed to be incorporated by reference to this clause.  The arbitration shall be conducted before 1 arbitrator.  Each party shall bear its own costs in connection with the arbitration proceedings.

 

 

15FORCE MAJEURE

 

15.1We shall not be liable for any loss, damage or penalty resulting from delays or failures in performance of our obligations under these Terms if the delay or failure results from events beyond our control.

 

 

16NO PARTNERSHIP

 

16.1Nothing in these Terms shall be construed to create a joint venture, partnership or agency relationship between you and us. You do not have any authority to make any contract, whether expressly or by implication, in our name.

 

 

17NO ASSIGNMENT

 

17.1You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person without having to seek your permission.

 

 

18ENTIRE AGREEMENT AND SEVERABILITY

 

18.1These Terms and our Privacy Policy contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. You agree that you will comply with all operational policies and processes that we may publish on the Website or Application from time to time. Except as expressly stated in these Terms, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

 

18.2If any provision herein is held by the Singapore Court to be illegal or unenforceable, the same shall be deemed to be deleted from these Terms and shall be of no force and effect; whereas the remainder shall continue in full force and effect. No waiver by us of any of these Terms or default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults or provision.

 

 

19NOTICE

 

19.1Except as otherwise provided in these Terms, notices which are required to be given in or under these Terms shall be in writing (unless expressly stated otherwise) and shall be delivered by hand, electronic mail, fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

 

 

20THIRD PARTIES

 

20.1These Terms apply equally to and are for our benefit and our third party content providers and licensors and each shall have the right to assert and enforce such provisions.  Subject to the previous sentence, no provision herein is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act (Cap 53B) by any person who is not a party to these Terms.

 

 

21GOVERNING LAW

 

21.1These Terms shall be governed by and construed in accordance with Singapore law. Both parties hereby submit to the exclusive jurisdiction of the courts of Singapore.