Terms and conditions

Last updated: 20 Sept 2014

1.Introduction

1.1 Welcome to the Terms of Use for Cardable Pte Ltd’s (“Cardable”) mobile device software application, namely Cardable (the “Application”).

1.2 By downloading, installing, and/or using the Application in any manner, you (collectively or individually “You” or “Users”) agree to comply and be bound by the following terms which shall be deemed incorporated by reference. If You do not agree to be bound by the terms herein, do not use the Application.

1.3 These Terms of Use may be amended at any time by Cardable from time to time without specific notice to You.

 

2. Registration

2.1 Cardable requires you to register an account. You agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. If you provide any information that is untrue, inaccurate, not current or incomplete, or Cardable has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cardable has the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof).

 

3. User Account and Security

3.1 You will receive a user name and password when you register for the Application. You are responsible for maintaining the confidentiality of the password and account and should not disclose it to any third party, including friends and family.  You remain fully responsible for all activities that take place using your password or account. You agree to (a) immediately notify Cardable of any unauthorised use of your account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. Cardable accepts no liability for any loss or damage arising from your failure to comply with these requirements.

 

4. Intellectual Property Rights

4.1 All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements)) whether registered or unregistered) in the Application, (subject to Clause 4.4), the Application’s 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) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.

 

4.2 Save as otherwise expressly permitted, all copying, redistribution, reverse engineering, use and/or publication by You of any such content relating to Cardable and/or content found thereon is strictly prohibited.

 

4.3 All rights (including goodwill and, where relevant, trade marks) in the Cardable name are owned by us (or our licensors).

 

4.4 Other product and company names mentioned in the Application remain property of their respective holders, and unless otherwise represented, their display on or through the Application is solely for the purpose of illustrating products, events, and businesses and in no way should be taken to indicate any relationship, affiliation or sponsorship between the holders of said trademarks and         and/or Cardable.

 

5. Third-Party Services

5.1 The Application allows access to certain third-party product or service providers (“Merchants”) from whom You may purchase certain goods or services. You understand that Cardable does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. Cardable is not a party to the transactions entered into between You and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.

 

5.2 UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITES LINKED TO SG MALLS.

 

6. Third-Party Merchant Policies

6.1 All rules, policies (including privacy policies) and operating procedures of Merchants will apply to You while on any Merchant websites. Cardable is not responsible for information provided by You to Merchants. Cardable and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

 

7. Privacy Policy

7.1 Our Privacy Policy, as it may change from time to time, is a part of this Agreement. For more information, please refer to our Privacy Policy (*add hyperlink*).

 

8. Links to other Websites

8.1 The Application contains links to other websites. Cardable is not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Cardable. Inclusion of any linked Websites on the Application does not imply approval or endorsement of the linked websites by Cardable. If You decide to leave the Application and access these third-party websites, You do so at your own risk and discretion.

 

9. Errors, Corrections and Changes

9.1 Without limiting the generality of the disclaimer in Clause 13 hereinbelow, Cardable does not represent or warrant that the content, materials, and/or information available on or through the Application will be correct, accurate, timely or otherwise reliable. Cardable may make changes to the features, functionality or content of the Application at any time. Cardable reserves the right in our sole discretion to edit or delete any documents, information or other content appearing on the Application.

 

9.2 Cardable does not represent or warrant that the Application will be error-free, free of viruses or other harmful components, or that defects will be corrected.

 

10. Advertisers

10.1 Cardable may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Cardable is accurate and complies with applicable laws. Cardable is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

 

11. Unlawful Activity

11.1 Cardable reserves the right to investigate complaints or reported violations of this Agreement and to take any action Cardable deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

 

12. Indemnification

12.1 You agree to indemnify, defend and hold Cardable and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, lawyers, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable legal fees, arising from your use of the Application or breach of this Terms of Use.

 

13. Disclaimer

13.1 THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE APPLICATION ARE PROVIDED “AS-IS”. ALL WARRANTIES, IMPLIED OR OTHERWISE, (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY DISCLAIMED. THE INFORMATION AND SERVICES MAY CONTAIN INACCURACIES, BUGS, ERRORS, PROBLEMS AND/OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.

 

13.2 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

13.3 THE APPLICATION WOULD NOT BE PROVIDED WITHOUT SAID LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE APPLICATION OR OTHERWISE SHALL CREATE OR FOUND ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT OTHERWISE EXPRESSLY STATED IN THIS TERMS OF USE.

 

14. Use of Information

14.1 Cardable reserves the right, and You authorize us, to the use and assignment of all information regarding Cardable by You and all information provided by You in any manner consistent with SingTel’s Privacy Policy.

 

14.2 All remarks, suggestions, ideas, graphics, or other information communicated by You to Cardable (collectively, a “Submission”) will forever be Cardable’s property. Cardable will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in Cardable’s future products, services or operations. Without limitation, Cardable will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Cardable will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to You or any other person sending the Submission. You acknowledge that You are responsible for whatever material You submit, and You, not Cardable, has full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

15. Legal Compliance

15.1 You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Cardable.