Platform Terms of use

 PLATFORM TERMS OF USE

 Last Updated: [11th August 2022][1]

 PLEASE READ THESE PLATFORM TERMS OF USE (THESE “TERMS”) CAREFULLY. THESE TERMS GOVERN YOUR USE OF THE PLATFORM (DEFINED BELOW). YOU ARE ADVISED TO FULLY UNDERSTAND YOUR OBLIGATIONS AND RISKS UNDER THESE TERMS BEFORE USING THE APPLICATION. IF YOU HAVE ANY CONCERNS WITH THESE TERMS, PLEASE CONSULT A PROFESSIONAL ADVISOR BEFORE ENTERING INTO AND ACCEPTING THESE TERMS.

 

You will be deemed to have accepted and agreed to these Terms by downloading, browsing, accessing or using the Platform, and/or using the Solutions in any way (the “Commencement”), on such date that the Commencement begins (the “Commencement Date”).

To use the Platform, you must have a mobile device that is compatible with the Platform and/or Software. Different models or versions of browsers and devices may have firmware or settings that are not compatible with the Platform and/or Software. While the Company continuously develops the Platform and Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Platform is likely to be accessed from, the Company does not warrant compatibility of the Platform and/or Software with specific mobile devices or other hardware. You acknowledge that the Company may from time to time issue upgraded versions of the Platform, and may require you to upgrade the version of the Platform that you are using on your mobile device to continue using the Solutions. You agree that these Terms will apply to all such upgrades.

References to “you”, “your” and “User” shall refer to you as the person who has accepted and agreed to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity and its relevant Affiliates (as a User) to these Terms. If you do not have authority, or if you do not agree with these Terms, you must not accept these Terms and are not permitted to use the Platform.

[In addition to the main body of these Terms, Schedule 1 sets out the additional Terms in respect of matters relating to Third Party Providers (as defined in Schedule 1) and Schedule 2 sets out the additional Terms relating to Users’ cancellation of reservations or bookings of Solutions made on the Platform.][2]

 

These Terms are expressly deemed to incorporate our Privacy Policy {link} and all other policies and documents published by us on the Platform.

 

These Terms may be changed by us from time to time without any prior notice. You may determine if any such changes have taken place by referring to the “Last Updated” date on which these Terms were last updated. You are encouraged to check for any updates to these Terms prior to your use of the Platform. Your continued use of the Platform constitutes your acknowledgement and acceptance of these Terms as changed from time to time.

  1. GENERAL DEFINITIONS AND INTERPRETATION
    • In these Terms, the following words shall have the meanings ascribed below:
      • “Account” means your account registered on the Platform;
      • “Affiliate” means any entity controlling, controlled by, or under common control with the referenced entity, where the term “control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise;
      • “Application” means the relevant mobile application(s) made available for download by the Company (or its licensors) to Users;
      • “Company” and “we” refers to [Smartbed Pte Ltd] (UEN No.: [201714771N]) and/or its Affiliates and references to “us” and “our” shall be construed accordingly;
      • “Data Protection Laws” means applicable laws and regulations relating to the use and/or processing of personally identifiable information and data and privacy;
      • “License” has the meaning specified in Clause 3.1;
      • “Personal Data” means:
        • data, whether true or not, about an individual who can be identified:
          • from that data; or
          • from that data and other information to which we have or are likely to have access; and
        • any data that is analogous to the foregoing, as defined in Data Protection Laws;
      • “Platform” means the Application and Software which the Company owns, operates or otherwise makes available to Users for the purposes of or in connection with the Solutions;
      • “Platform Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a device that appears on, or forms part of, the Platform;
      • “Privacy Policy” means our privacy policy accessible at {www.sbed.sg} as amended from time to time;
      • “Software” means any software associated with the Application and/or Solutions which is made available for download and installation by the Company (including software upgrades), and shall include its respective components, processes and design in its entirety;
      • “Solutions” means the products and services which are made available to Users through the Platform and such other products and services as may be offered on the Platform from time to time; and
      • “User” means any end-user who accesses or uses the Platform to search for, obtain and/or provide the Solutions.
    • Where applicable:
      • references to “Terms” are to these Terms of Use, as may be revised, amended or supplemented from time to time, and where the context so requires, will include the Schedules and any such policies and documents as incorporated; and
      • the expression “written” or “in writing” means the representation or reproduction of words or symbols or other information in a visible form by any method or combination of methods, whether sent or supplied in electronic form (including but not limited to, electronic mails) or otherwise.
    • In these Terms, any reference to any legal entity or individual person includes, where appropriate, a reference to its authorized agents, delegates, successors or nominees. Expressions in the singular form include the plural and vice versa.
    • No rule of law or interpretation to the effect that an ambiguity in a document is to be construed against the party drafting or preparing a document shall apply in respect of these Terms.
    • Any reference to any law, statute or regulation or enactment shall include references to any statutory modification or re-enactment thereof or to any regulation or order made under such law, statute or enactment (or under such a modification or re-enactment).
    • The headings used in these Terms are for convenience or reference only and are not to affect the construction of or to be taken into consideration in interpreting these Terms.
    • References to “Clauses”, “Schedules” and “Appendices” are to clauses of, and the schedules and the appendices to, these Terms; references to “Paragraphs” are to paragraphs of the relevant Schedule.

  2. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
    • By using the Platform and/or Solutions, you expressly represent, warrant and undertake that:
      • You have legal capacity to enter into these Terms and that you are at least eighteen (18) years old. You cannot enter into these Terms if you are below eighteen (18) years old;
      • You will provide true, accurate, not misleading, current and complete information as required by the Company and undertake the responsibility to maintain and update your information in a timely manner to keep it true, accurate, not misleading, current and complete at all times during the term of these Terms. You agree that the Company may rely on your information as true, accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, the Company has the right but not the obligation to terminate these Terms and your use of the Platform and/or the Solutions at any time with or without notice to you and without liability to you;
      • You agree to notify us immediately of any unauthorized use of your Account or any other breach of security;
      • You will not try to interrupt, impair or harm the Platform and/or the Solutions in any way;
      • You will not copy, or distribute any part of the Platform or other Platform Content without written permission from the Company;
      • You will not attempt to commercially exploit any part of the Platform without our permission. For the avoidance of doubt, you are not permitted to modify or make derivative works based on the Platform, the Platform Content or any part thereof in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose save where specifically permitted in writing by the Company. This includes without limitation, not to:
        • create or compile, directly or indirectly, any collection, compilation or other directory from any Platform Content displayed on the Platform except for your personal, non-commercial use;
        • copy any Platform Content displayed through the Platform or “mirror” the Platform or any parts thereof on any other server or wireless or internet-based device, including reproducing any third party product content and reviews for republication in any format or media, or navigational structure or presentation of the Platform or the Platform Content elsewhere;
        • conduct data mining or scraping activities, unless an exception applies under applicable law; and
        • disassemble, decompile, reverse engineer, decrypt or attempt to derive the source code of, the Platform or any Solutions made available on or through the Platform, or any part thereof;
      • You will not use the Platform to cause a nuisance or behave in an inappropriate or disrespectful manner towards the Company or any third party;
      • You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud the Company or to disrupt the natural functions of the Platform;
      • When using the Platform and/or the Solutions, you agree to comply with all laws applicable to you and/or your use of the Platform and/or the Solutions; and
      • You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company or any other party as a result of your breach of these Terms.
  1. LICENSE GRANT AND RESTRICTIONS
    • License. Subject always to these Terms, the Company and its licensors, where applicable, grant you, as the end user, a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Platform, solely for your own personal and non-commercial use (a “License”). Any grant of such a License is also limited by the terms applicable for your specific use of the Platform. The foregoing grant of the License is not a sale of the Application and/or the Software or any copy thereof. We or our third party licensors or suppliers retain all right, title, and interest in and to the Application and/or the Software (and any copy of the Application and/or the Software).
    • Activation of Account and License. An Account is required for the applicable License to be granted to you. To create an Account, you will be required to enter an email address as part of the registration of your Account, and this email address will identify you as the User. An internet connection is required in order to complete the activation of your Account and the applicable License.
    • Updates. Any License granted under these Terms applies only to the version of the Platform at the time the License is granted. If the Company provides an updated version of the Platform, you will be deemed to have accepted the new version of the Application through your continued use of the Platform. Where there have been any updates to the Platform, any License granted for the use of any older versions will be deemed to have been revoked. You acknowledge and agree that the Company has no obligation to make any older versions of the Platform available at any time.

  2. INTELLECTUAL PROPERTY OWNERSHIP
    • You acknowledge that (i) all intellectual property rights in and to the Platform belong to the Company or its licensors, (ii) the rights granted herein are licensed (not sold) to you, and (iii) you have no rights in, or to, the Platform or the Platform Content other than the right to use the Platform in accordance with these Terms.
    • In the event that you elect to share information relating to the Platform and/or the Solutions with the Company, you agree and acknowledge that (i) all information supplied by you is either original to you, or you have the right to share it with the Company; (ii) the Company may utilise the information you supply, in whole or in part, in any manner in connection with the Platform and/or the Solutions; (iii) any modifications or improvements made to the Platform and/or the Solutions as a result of your information and/or feedback are owned and controlled solely by the Company or its licensors; and (iv) you have no right, title, or interest in or to the Platform and/or the Solutions as a result of sharing your information and feedback with the Company.
    • All trademarks, service marks, trade names, and logos and other identifying characteristics associated with the Platform (each a “Mark” and collectively, the “Marks”) are proprietary to the Company or used by the Company with the permission of its third party licensors. Nothing associated with the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark or any Platform Content without the prior written consent of the Company and/or its third party licensors (as the case may be). Your use of the Mark or any Platform Content, except as provided herein, is strictly prohibited.

  3. DATA PROTECTION AND PRIVACY POLICY
    In accordance with the Personal Data Protection Act 2012 of Singapore and all other applicable data protection laws (as the case may be), the data protection terms relating to our collection, use, disclosure and/or processing of your Personal Data are contained in our Privacy Policy, which can be accessed at {www.sbed.sg}. To the extent that there is any conflict between any provision of these Terms and our Privacy Policy, the contents of our Privacy Policy shall prevail in respect of such conflict in so far as the matters of data protection are concerned.
  1. CONFIDENTIALITY
    • You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its Affiliates which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of these Terms) or which are otherwise directly or indirectly acquired by you from the Company, or any of its Affiliates, or created in the course of these Terms (the “Confidential Information”). You shall further ensure that you only use such Confidential Information in order to use the Platform and/or Solutions, and shall not without the Company’s prior written consent, disclose such information to any third party nor use it for any other purpose.
    • The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
      • was prior to the time of receipt already in your possession;
      • is, or becomes in the future, public knowledge through no fault or omission on your part; or
      • was received from a third party having the right to disclose it.
    • You may make disclosures of Confidential Information to the extent required by administrative or judicial process, applicable law, or court order, provided you notify the Company in advance and cooperate in any effort to obtain confidential treatment.
    • You acknowledge that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by you the Company will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.

  2. [PAYMENT TERMS][3]
    • Paid Solutions. Some of the Solutions made available on the Platform will require a purchase before becoming available for use (“Paid Solutions”). Such Paid Solutions may be subject to individual terms and conditions in addition to these Terms. By purchasing such Paid Solutions, you also agree that you will be bound by such individual terms and conditions and agree to pay for Paid Solutions through the Platform.
    • Method of payment. Unless otherwise stated, payment may be made by Visa, Mastercard, Apple Pay, bank transfer and/or any other methods which may be made available on the Platform, from time to time. You agree that the Company may charge your charge card or other account(s) and/or payment methods for any Solutions purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account.
    • Time of payment. You are liable to pay for Paid Solutions at such charges and at such times as stated in the terms and conditions accompanying such Paid Solutions, or such charges and times that the Company may determine from time to time. Payment for subscription-based Paid Solutions will be billed in advance at monthly intervals or such intervals as may be determined by the Company. Payment for all other Paid Solutions will be billed at the point of sale. All fees are due and payable as soon as the bill is issued, and must be settled by the payment date stated on the bill. The total price on the bill will include the price of the Paid Solutions plus any applicable goods and services tax.
    • Your responsibilities. For the avoidance of doubt, you are responsible for: the timely payment of all fees, without any counterclaim, deduction, set off or withholding whatsoever; ensuring and confirming that the credit card (or other payment method) that is being used is yours, or that you have been specifically authorized by the owner of the credit card (or other payment method) to use it; providing the Company with a valid charge card or payment account details for payment of all fees, and keeping the Company up to date on any changes. Any change in payment methods may temporarily disrupt your access to the Platform, while the Company verifies your new payment information.
    • No refund. All sales and purchases of Paid Solutions are final and are, unless otherwise expressly stated in the description of the Paid Solutions, non-refundable.
    • Prices subject to change. Prices for Paid Solutions may change at any time. The Company does not provide price protection or refunds in the event of a price reduction or promotional offering. For the avoidance of doubt, the Company reserves the right to, at any time, make any change, modification and/or variation to any of the Paid Solutions (including but not limited to price(s), content bundles and content packaging) made available on the Platform. Any and all such changes, modifications and/or variations will be notified on an appropriate section on a part of the Platform as the Company may from time to time determine.

  3. SUSPENSION AND TERMINATION
    • These Terms shall take effect from the Commencement Date and carry on until terminated (whether generally or specifically in respect of a particular User) in accordance with these Terms.
    • The Company reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue the Platform and/or the Solutions at any time, with or without notice. The Company may suspend and/or terminate your use of and/or access to all or part of the Platform or any Solutions, at any time, without liability and without notice to you, for any or no reason whatsoever. You shall not hold the Company liable in any way whatsoever for any of the aforesaid. Any termination of these Terms shall be without prejudice to any rights or obligations (including in respect of any antecedent breaches) accrued prior to the date of such termination.
    • Without limiting the generality of the foregoing, in the event that any information provided by you is inaccurate, in breach of any laws or contains indecent elements, the Company has the right to instantly terminate your Account without notice and take all such action as it considers appropriate, desirable or necessary, including but not limited to taking legal actions against such User.
    • The following Clauses will survive any expiration or termination of these Terms: Clause 4 (Intellectual Property Ownership), Clause 5 (Data Protection and Privacy Policy), Clause 6 (Confidentiality), Clause 7 (Payment Terms), Clause 8 (Suspension and Termination), Clause 9 (Indemnification), Clause 10 (Disclaimer of Warranties), Clause 11 (Limitation of Liability), and Clause 12 (General Terms).

  4. INDEMNIFICATION

By agreeing to these Terms upon accessing or using the Platform and/or the Solutions, you agree that you shall indemnify and hold the Company, its licensors and each such party’s Affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use or misuse of the Platform and/or Solutions, or any part thereof; or (b) your violation or breach of any of these Terms, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein.

  1. DISCLAIMER OF WARRANTIES

The Company makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Solutions, Software, Application or Platform. The Company does not represent or warrant that (a) the use of the Solutions, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Platform will meet your requirements or expectations. The Solutions and the Platform are provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law. Notwithstanding the foregoing, nothing in these Terms shall limit or exclude, or purport to limit or exclude, any mandatory statutory rights granted to you under applicable consumer protection laws, which remain unaffected and in full force and effect.

  1. LIMITATION OF LIABILITY
    • Without prejudice to exclusions and limitations of liability of the Company under these Terms, and to the extent permitted by law, in no event will the Company or its officers, directors, agents, and employees, be liable to any User under these Terms or otherwise, regardless of the form of claim or action, for an amount that exceeds the aggregate amount of all amounts actually paid by and/or due from the User to the Company in connection with such User’s use of the Platform and/or Solutions pursuant to these Terms.
    • In no event will the Company or its officers, directors, agents, and employees, be liable to the User for consequential, exemplary, incidental, or indirect damages or costs (including legal fees and expenses) or loss of goodwill or profit in connection with the use of the Platform, Solutions or these Terms, even if the Company has been advised of the possibility of such damages or costs.
    • The Company shall not be liable for any loss, damage or injury which may be incurred by or caused to the User or to any third party, including but not limited to:
      • loss, damage or injury arising out of, or in any way connected with the Platform, the Application, the Software and/or the Solutions;
      • the use or inability to use the Platform, the Application, the Software and/or the Solutions; or
      • any reliance placed by the User on the completeness, accuracy or existence of any advertising,

even if the Company has been previously advised of the possibility of such damages.

  1. GENERAL TERMS
    • Assignments and Transfers

You shall not, without the prior written consent of the Company, assign, transfer, or sub-contract these Terms and/or any of your rights or obligations under these Terms, and any unauthorized assignment shall be null and void. The Company may, at any time, freely assign, transfer or sub-contract these Terms or any or all of its rights or obligations under these Terms.

  • Communications

General questions and communications regarding the Platform and/or the Solutions and any notices to the Company regarding these Terms should be made to [enquiry.smartbed@gmail.com][4]. The Company may contact and notify you at the email address you have provided to us. You are required to keep your contact information current.

  • Amendments

The Company may at any time give you notice of any amendment, variation, revision, supplement or any other charge to these Terms by publishing an updated version of these Terms, through a notification by e-mail or such other means as the Company shall deem fit. Changes shall take place on and from the date specified, on and from the date of such notice and shall apply to all use of the Platform and/or Solutions. Without prejudice to the foregoing, your continued use of the Platform and/or acceptance of the Solutions after such change shall be deemed as acceptance and agreement to the same from you.

  • Force Majeure
    • The Company shall not be in breach of these Terms, nor be liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, strikes, fire, flood, earthquakes, governmental acts or orders or restrictions, or failure of suppliers or contractors.
    • In the event that any such delay or non-performance continues for a period in excess of 120 days, the Company shall have the right to terminate these Terms by giving you 14 days’ notice in writing prior to such termination without affecting any rights accruing prior to such termination.
  1. No Third Party Rights

Except for the parties who are indemnified pursuant to the indemnification provisions set out herein, these Terms do not give rights to any third parties who are not party to these Terms.

  1. Relationship of Parties

Nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship between the Company and you. No party pursuant to these Terms has authority to enter into agreements of any kind on behalf of the other and no party shall be considered the agent of the other.

  1. Remedies

No remedy conferred by any of the provisions of these Terms is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statutes or otherwise and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by a party hereto shall not constitute a waiver by such party of the right to pursue other available remedies. No failure on the part of a party hereto to exercise, and no delay in exercising any right under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right under these Terms preclude any other or further exercise of any right thereof or of the exercise of any other right.

  1. No Waiver

A failure or delay in exercising any right, power or privilege in respect of these Terms will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise of that right, power or privilege or exercise of any other right, power or privilege.

  1. Entire Agreement

These Terms and the documents referred to in it comprise the entire agreement between you and the Company in relation to the matters stated herein and supersede any prior or contemporaneous negotiations or discussions. Each party acknowledges that in agreeing to enter into these Terms, it has not relied on any representation, warranty, or any other assurance except those set out in these Terms.

  1. Severability

If any provision of these Terms or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further, and the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

  1. Governing Law and Jurisdiction

These Terms shall be governed by Singapore law, without regard to the choice or conflicts of law provisions of any jurisdiction.


 

SCHEDULE 1

ADDITIONAL TERMS RELATING TO THIRD PARTY PROVIDERS

  1. DEFINITIONS
    • In this Schedule 1, unless the subject or context otherwise requires, the following words and expressions have the following meanings respectively ascribed to them:
      • “Third Party Provider” means any User which is also a goods and/or services provider providing Solutions to other Users through the Platform, and which is neither the Company nor an Affiliate of the Company; and
      • “Third Party Solutions” means any Solutions which are provided by Third Party Providers.
  1. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS BY THIRD PARTY PROVIDERS
    • If you are a Third Party Provider, further to the representations, warranties and undertakings set out in Clause 2 of the Terms, you represent, warrant and undertake that:
      • you possess all the appropriate licenses, approvals, permits, consents, authority and mandatory insurance policies related to or in connection with your provision of the Solution(s) in the relevant jurisdiction(s);
      • if applicable, you own, or have the legal right and authority to operate, and you have all appropriate licences and approvals in respect of, any equipment, premises or any other matter or thing which is involved or used in the course of your provision of the Solution(s);
      • if applicable, you have a valid policy of liability insurance (in industry-standard coverage amounts) in connection with your provision of the Solution(s);
      • you shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the Solution(s) provided by you;
      • you shall obey all local laws related to your provision of the Solution(s) and will be solely responsible for any violations of such local laws;
      • you shall not contact Users for purposes other than in connection with the Solutions;
      • you shall not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Platform, including without limitation any user account not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Platform;
      • you are strictly forbidden to use the Platform for other purposes such as but not limited to, data mining of the Company’s information or information related to the Platform or the Solutions, unless an exception applies under applicable law. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and the Company reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Platform other than for the purpose for which it is intended to be used;
      • if you are required to and do sign up for an Account on behalf of your employer, your employer shall be the owner of the Account, and you represent and warrant that you have the authority to bind your employer to these Terms; and
      • you are forbidden from promoting another application or platform on the Platform.
  1. USERS’ INTERACTIONS WITH THIRD PARTY PROVIDERS
    • The User acknowledges and agrees that the User may, during the course of or in relation to the User’s use of the Platform, be provided with the opportunity to obtain Third Party Solutions from Third Party Providers. The User acknowledges and agrees that such Third Party Providers are independent of and not within the control of the Company and the Company shall not be liable in any way to the User whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any matter in relation to any Third Party Solutions provided (including the non-provision of Third Party Solutions) by any Third Party Provider.
    • Your purchase, access or use of any Third Party Solutions is solely between you and the relevant Third Party Provider. In addition to these Terms, you also agree to be bound by any additional terms applicable to the Third Party Solutions.
    • If you purchase, access or use Third Party Solutions on the Platform, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Solutions with the Platform, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. We are not responsible for any access to or use of your data by Third Party Providers, or for the security or privacy practices of any Third Party Provider.
    • We make no representations, warranties, or guarantees as to the availability or content (including its truthfulness, accuracy, completeness, timeliness or reliability) of any Third Party Solutions, or as to any other matter in relation to any Third Party Solutions. You agree that you shall bear all risk arising out of your use of Third Party Solutions and shall have no recourse to the Company in respect of the same. The availability of Third Party Solutions on the Platform does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with the Company. The Company does not guarantee the availability of Third Party Solutions and you acknowledge that the Company may disable access to any Third Party Solutions at any time in its sole discretion and without notice to you. The Company is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Solutions.
    • The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and the Company is not obligated to intervene in any dispute arising between you and a Third Party Provider.
    • Under no circumstances shall the Company be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Solutions or your contractual relationship with any Third Party Provider. These limitations shall apply even if the Company has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
    • You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, Affiliates, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Solution or your relationship with a Third Party Provider.
    • Where any Third Party Solutions made available on the Platform require a purchase before becoming available for use and you make such purchase, you expressly acknowledge and agree that the Platform acts as a venue only. Any dispute relating to Third Party Solutions, whether or not such Third Party Solutions require any purchase, must be brought to the Third Party Provider and not to the Company.

SCHEDULE 2

CANCELLATION TERMS

  1. CANCELLATION
    • Cancellation Terms for Users
      1. Full payment shall be paid for promotional items
      2. 50% of deposit shall be paid upon confirmation of the sales order and full payment before delivery
      3. Smartbed Pte Ltd reserves the right to schedule the delivery date and timing
      4. No disposal or arrangement of existing furniture upon delivery unless otherwise stated
      5. Transportation costs apply for the products under warranty
      6. Quality issues should be reported immediately upon delivery
      7. All payment modes should be made to Smartbed Pte Ltd bank account only
      8. Cheques shall be made out to Smartbed Pte Ltd only
      9. Cash payment must be accompanied by official receipt from Smartbed Pte Ltd
      10. Do no transfer cash payment to any other bank account except Smartbed Pte Ltd bank account as stated
      11. All goods sold are non-exchangeable and non-refundable
      12. No disposal of old furniture
      13. No Cancellation, No refund upon purchase
    • Cancellation Terms for Third Party Providers (when applicable):
      • The Users rely on Third Party Providers for delivery or provision of the Solutions. Third Party Providers agree that high and/or frequent cancellation rates or ignoring the Users’ bookings/order will impair the Users’ experience and negatively impact the reputation and branding of the Company.
      • The Company reserves the right to accept the Third Party Provider’s cancellation reasons. An unreasonable cancellation or ignoring a User’s booking/order may be counted in determining if the Third Party Provider’s access to the App will be temporarily restricted.