1. General information
(a) "App" means the mobile or web application, more particularly refer to getMore App, supplied to you and any associated software owned and operated by us, and includes all modifications, enhancements or updates thereto.
(b) "Content" means the materials located on the App, including the text, information, graphics, audio, video, as well as any software programs available on or through the App, whether owned by us or third parties.
(c) "Merchant" means any third-party provider of goods or services on or through the App.
(e) "Promotions" means the advertisements, promotions, offers, discounts, deals offered by a Merchant.
(f) "Services" means the collective functionality and features as provided by us through our App, including the service of providing a compilation of Promotions offered by various Merchant.
(h) "we", "our" or "us" refers to getMore International Pte Ltd, a company incorporated in Singapore.
(i) "you", "your", "yours" means any individual who uses the App, including those who are registered with us for the use of the App.
(j) "User Content" means the content that you post, upload, publish or otherwise make available on or through the App.
3.1. You will need to register an account with us before using the App and our Services.
3.3. You are responsible for the confidentiality of your username and password and shall take ownership of all activity and transactions under your account. It is important that you protect against any unauthorised access of your account and information by choosing your password carefully, and keeping your password and mobile device secure.
4. Provision of Account or Services
4.1. We shall have the right to restrict, suspend, or terminate your account or access to the App, or to restrict, suspend, or cease to provide any Services to you at any time at our sole discretion for any reason or no reason. Where such restriction or suspension of Services is due to planned downtimes for maintenance of the App, the Services, and/or the Content, this may, but will not necessarily, be communicated to you in advance. You agree that we shall not be liable to you or any third party for any losses or damages that may result from such suspension, restriction, or termination.
4.3. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the App and the Services and any Updates thereto. We do not guarantee that the Services or any part thereof will function on any particular hardware or device.
5.1. One of the Services that we provide through the App is aggregating and presenting to you Promotions offered by various Merchants. We may present these Promotions to you in any manner and in accordance with any parameters that we may at our sole discretion determine, including without limitation your location and proximity to the Merchant offering the deal.
5.2. The Promotions published on the App may be from data provided directly by Merchants or gathered indirectly from other third-party sources. We are merely a platform that aggregates data from third-party sources. We are not the seller and do not recommend or endorse any products or services featured in the Promotions. We shall not be construed to be in any way affiliated with any Merchants or any other party featured on the App.
5.3. You agree and understand that we assume no responsibility for the accuracy or timeliness of the Promotions. You acknowledge that we do not have any control over changes that the Merchants might make to the Promotions, and that the Merchants may impose further terms and conditions on the Promotions at their discretion. Unless otherwise specifically stated, nothing in the App (in particular Promotions), shall be considered an offer for the sale of any products or services to you by us or the Merchants.
5.4. You acknowledge and agree that you shall be responsible for:
(a) making your own enquiries to verify the accuracy, veracity, and timeliness of any information (in particular Promotions) that is published on the App;
(b) any risk that the Promotions are not accurate, even if you have made enquiries to verify its accuracy, veracity and timeliness;
(c) any reliance you may place on the Promotions;
(d) assessing that the goods or services offered by Promotions are suitable for your purposes; and
(e) any loss, death, injury, direct, indirect, incidental, special, consequential, and/or exemplary damages.
6. Location-Based Services and Network Connectivity
6.1. The Services may include location-based services, which require Internet connectivity and access to your location. You are responsible for obtaining Internet access and for enabling your mobile device's location information as necessary for us to provide the Services to you.
6.2. Your mobile network's data rates may apply if you access or use the App or the Services from a wireless enabled device and you shall be responsible for such rates and fees. The App and/or the Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, including but not limited to the device used by you or the third-party provider being faulty, not connected, out of range, switched off, or not functioning. You agree that we are not responsible or liable for any delays, failures, damages, or losses resulting from such issues. The quality of the display of the Content may vary and may be affected by various factors, such as your location or the bandwidth or speed of your Internet connection.
7. Use of App and Services
7.1. General Conduct Rules - You agree that you will not:
(a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy) of others;
(b) provide false or inaccurate information when registering for an account on the App or when using the Services;
(c) impersonate any person, or misrepresent your identity or affiliation with any person or entity;
(d) create a false identity for the purpose of misleading others;
(e) create more than one unique profile;
(f) post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
(g) publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, tortuous, obscene, indecent, or unlawful topic, name, material or information;
(h) use the App or Services to send unsolicited emails, including without limitation promotions or advertisements for products or services;
(i) post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(j) force any TCP/IP packet header or any part of the header information in any email or in any way use the APP, Content or Service to send altered, deceptive or false source-identifying information;
(k) harvest or otherwise collect information about other users of the App, including email addresses and phone numbers;
(l) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect any information about us, from the App, and/or the Services for any use, including without limitation use on third-party websites;
(m) use any material or information, including images or photographs, which is made available by us, through the App, and/or the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
(n) upload files that contain viruses, corrupted files, or any other similar software or programmes that may damage the operation of another's electronic device or property;
(o) use the App or the Services for any unlawful purpose, or for the promotion of illegal activities;
(q) access Content not intended for you, or log onto or use a server or account that you are not authorised to access;
(r) attempt to probe, scan, or test the vulnerability of the App, the Services, and/or any associated system or network, or breach security or authentication measures without proper authorisation;
(s) interfere or attempt to interfere with the proper functioning of the App and/or the Services by any other user, host or network, including, without limitation, by means of overloading, "flooding," "spamming," "mail bombing," or "crashing"; or
(t) knowingly disseminate information that you know, or reasonably ought to know, to be confidential in nature, in violation of any duty of confidentiality which you are subject to.
7.2. App Usage Rules - You agree that you will not:
(a) make improper use of the App and/or the Services, or for any purpose not reasonably intended by us;
(b) interfere or attempt to interfere with the proper functioning of the App and/or the Services;
(c) make improper use of our support services or submit false reports of abuse or misconduct;
(d) disparage, tarnish or otherwise harm us, the App and/or the Services;
(e) reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) or other products or processes accessible through the App and/or the Services;
(g) interfere or circumvent any security feature of the App, the Services and/or any feature which restricts or enforces limitations on the use of or access to the App, the Services and/or any Content;
(h) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(i) sell access to the Services or any part thereof other than through a mechanism approved by us;
(j) bypass, circumvent, remove, alter, or deactivate any measure we take to restrict access to the App and/or the Services, or use any technology or device to scrape, spider, or crawl the App and/or the Services; use any data mining, data gathering or extraction method, or upload, publish, or link any material designed to damage or disrupt any computer software or hardware or telecommunications equipment associated with the App or the Services;
(k) use the Content or the Services to create a substitute for, or a substantially similar service to, the App or our Services;
(l) use the Content or the Services to create or augment your own dataset (or that of a third party), business listings database, mailing list, or telemarketing list; and
(m) use the Content or the Services for any undertaking that has the primary purpose of making available business, residential address, or telephone directory listings.
7.3. Rules Relating to User Content - We reserve the right to remove any information, data, or User Content from the App at our sole and absolute discretion. By transmitting and submitting any User Content, you further agree that:
(a) you understand and agree that by posting, uploading, or submitting User Content on the App, we have the right to display or share such User Content on our platforms or with any other users and third parties as we may deem appropriate for the provision of the Services;
(b) you will not post any User Content or other information that is malicious, false, inaccurate, or misleading;
(c) you will not submit User Content that is copyrighted or subject to third-party confidentiality or proprietary rights, including but not limited to privacy, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such User Content and grant us a licence to display such User Content;
(d) you understand that User Content posted by you may be republished and if you do not have the right to submit User Content for such use, you may be subject to liability for which we will not be responsible;
(e) you will not post information in breach of any legal duty owed to a third party, such as a duty of confidentiality;
(f) you understand and agree that we do not research, verify, endorse, represent, warrant, or guarantee the truthfulness, completeness, accuracy, reliability or veracity of any Content on the App, including User Content, and that we have no liability with respect to any such content;
(g) you will not upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you have ownership or control of the rights thereto or have received all necessary consent to do the same; and
(h) you understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Services is your sole responsibility. We shall not be responsible for any misuse of your User Content. You also agree and acknowledge that we cannot pre-screen and monitor all User Content.
9. Electronic Delivery
9.1. Where appropriate, we use available technology to protect the security of communications made through the App and/or the Services. However, as no data transmission over the Internet can be guaranteed to be completely secure, we cannot guarantee the security of any information you transmit to us, and you transmit such information at your own risk. We do not accept liability for the security, authenticity, integrity, or confidentiality of any transaction and other communications made through the App and/or the Services.
9.2. Internet communications may be susceptible to interference or interception by third parties. Despite our best efforts, we make no warranties that the App is free of viruses or other unauthorised software. You should take appropriate steps to keep your information, software, and equipment secure. This includes clearing your Internet browser cookies and cache before and after using the Services on the App.
10.1. You acknowledge and agree that:
(a) you are solely responsible, and that we have no responsibility to you or to any third parties, for any data and User Content that you transmit, update, or upload while using the App and/or the Services, and for the consequences of your actions (including any fees, charges, losses or damages which we may suffer) by your doing so;
(b) your use of the App and reliance on the Services are entirely at your own risk, and therefore we specifically disclaim any liability arising from or in connection with your use of the App and/or the Services;
(c) we reserve the right to review materials posted, edit, refuse to post, or remove any Content, or to terminate your access to the App and/or the Services at our sole discretion at any time, without notice, for any reason whatsoever;
(d) the App may become temporarily unavailable for a number of reasons, including but not limited to, capacity constraints, transmission limitations, equipment modifications, upgrades, relocations, and repairs. Notwithstanding this, we will use reasonable commercial efforts to minimise such non-availability of the App;
(e) we may send to you via emails or push notifications administrative messages regarding your account activity or such messages as relating to the App, the Services, and/or the Content;
11. No Warranty
11.1. The App, the Services and the Content are provided on an "as is", "as available" basis. We do not warrant the correctness, accuracy, adequacy, completeness, timeliness or validity of the App, the Services and/or the Content, and expressly disclaim liability for errors or omissions in the Content. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose, is given in conjunction with the App, the Services and/or the Content. You assume full responsibility and risk for your use of or reliance on the App and/or the Services.
11.2. We do not make any representation or warranty, express or implied, with respect to any third-party information or services and/or content provided to us, or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. We will not be liable in any way to you or to any third party for any inaccuracy, error, or delay in, or omission of any third-party data or service, or the transmission or delivery of any such third-party data or service and any loss or damage arising from (a) any such inaccuracy, error, delay, or omission; (b) non-performance; or (c) interruption in any such third-party data or service due either to any negligent act or omission by us or force majeure or any other cause beyond our control. You further specifically acknowledge that we or any of our officers, directors, employees, agents, subsidiaries, and affiliates are not liable, and you agree not to hold the aforementioned parties liable, for the conduct of third parties, and that the risk of use of, or reliance on the App and/or the Services and of injury, damage, or loss from the foregoing rests entirely with you.
11.3. We do not warrant that the App and/or any Services will be provided uninterrupted or free from errors or that any identified faults will be corrected; further, no warranty is given that the App and/or the Services are free from any computer virus or other malicious, destructive or corrupting code/programme. No advice or information, whether oral or written, obtained from us or through the App, will create any warranty not expressly made herein.
12. Disclaimer of Liability
12.1. We shall in no event be liable for any loss, death, injury, direct, indirect, incidental, special, consequential, exemplary damages, or other indirect damages or costs of any kind suffered or incurred by you or any third party arising from or in connection with your use of the App, the Services, or the Content.
12.2. We may use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the App and/or the Services will be free of faults or errors and we do not accept liability for any faults or errors. In the event of an error or fault, you should report the error or fault by email here.
13. Representation and Warranty
13.1. You hereby represent and warrant that:
(a) all information provided by you is accurate, complete and up to date, including any compliance with licences, governmental or third-party approvals and consents;
(b) you consent and agree to us collecting, storing, processing, and/or transmitting your location information, personal information or User Content as may be required to third parties for the purpose of providing the Services to you, including collecting, storing, processing, and/or transmitting your personal information or User Content to our Amazon cloud based server outside Singapore;
(c) you are not contractually and/or legally restricted from performing any of your obligations herein or any actions that you may take;
(d) you will notify us promptly of any unauthorised access to or use of the App, the Content, or of your account;
(e) you will not reveal or otherwise misuse any Content or Services available through the App.
14. Links to and from Third-Party Websites
14.1. The App and/or the Services may contain links to third-party sites and to resources provided by third parties ("Other Sites"). You acknowledge that we have no control over such Other Sites and that we are not responsible for the accuracy, content, legality, products or services, or any other aspect of such Other Sites. In no event shall any reference to such Other Sites be construed as an approval or endorsement by us of that third party or such Other Sites or any product or services provided by that third party. We assume no responsibility for any loss or damage that may arise from your use of such Other Sites. If you decide to access such Other Sites, the terms and conditions of such Other Sites will govern your use of such Other Sites and your access thereto is entirely at your own risk.
15. Terms Governing the Use of Google Maps API
15.1. The App and/or the Services incorporate certain functionalities from Google Maps as a convenience to you. This includes the use of Google Maps API.
(a) GOOGLE TERMS OF SERVICE
(b) GOOGLE MAPS/GOOGLE EARTH ADDITIONAL TERMS OF SERVICE; and
15.4. We have no control over and are not in any way affiliated with Google, and we are not responsible for the accuracy, content, legality, products or services, or any other aspect of Google's content, Google's maps, or Google's advertising. In no event shall any reference to Google or Google Maps or any other Google product or service be construed as an approval or endorsement by us of Google, Google Maps, Google's advertising, or any other product, service, or content provided by Google. We accept no responsibility for any loss or damage that may arise from your use of Google's services if you decide to access Google's services.
16.2. Your obligations under the foregoing indemnity may not be offset against any other claim you may have against us, or any of our officers, directors, employees, agents, subsidiaries and affiliates.
17. Proprietary Rights
17.1. The App is owned and operated by us. The Content located on the App is protected by copyright, trademark, and other forms of proprietary rights, including compilation rights. Unless expressly stated, all rights, title, benefit, and interest (including goodwill, and where relevant, trade marks) in the Content are owned by, licensed to, or controlled by us.
17.2. You hereby grant to us a royalty-free, perpetual, worldwide, transferrable, and assignable licence to use, copy, modify, adapt, translate, publish, distribute or disseminate the User Content that you upload on the App at our sole discretion, including any location information and personal information or any suggestions, feedback or other information that you may provide relating to the App or the Services. You should only provide User Content which you are comfortable sharing with others.
17.3. You agree that we may, at our sole and absolute discretion and to the extent permitted by law, access, preserve or disclose your account information, usage history and activity in order to:
(a) comply with any applicable law, regulation, legal process, or government request;
(b) respond to claims that any User Content violates the rights of third parties;
(d) detect, prevent, or otherwise address fraud, security, or technical issues;
(e) protect the rights, property, or personal safety of us, other users of the App, or the public.
18.3. In the event of any termination, you will have no rights to the continued use or access to the App, the Services, or your account. We will have no obligation to maintain your account or to retain or forward any information in your account, except as required by the applicable law.
19.3. All rights and obligations hereunder are personal to the parties and you shall not assign any such rights and obligations to any third party without the prior consent in writing of us.
19.6. The App and the Services are only intended for jurisdictions where its use is legal by the person accessing or otherwise using the App and/or the Services. You must not access the App and/or use the Services if by reason of your nationality, residence (temporary or permanent) or for any other reason, the use of the App and/or the Services is prohibited or contrary to any law, rule, or regulation.
20. Dispute Resolution
20.3. The costs and expenses of arbitration, including the compensation and expenses of the Arbitrator, shall be borne by the parties as the Arbitrator may determine. Either party may apply to any court which has jurisdiction for an order confirming the award or commence legal proceedings to sue on the award. Except as provided below, any right of either party to judicial action on any matter subject to arbitration hereunder is hereby waived, except suit to enforce the arbitration award.
20.4. Notwithstanding the above and the arbitration provided for herein, actions initiated or maintained by either party for injunctive relief, whether mandatory or prohibitory or similar relief in equity is not subject to arbitration and may be brought by either party in any court which has jurisdiction. Actions may also be initiated or maintained by either party where the same is relevant or necessary for such party to obtain or secure any interlocutory or interim relief, including but not limited to proceedings for detention, custody or preservation of any property.
22. Governing Law
Updated on 13 December 2017