END USER AGREEMENT
Welcome to Kind Citizen, provided by Gmeal Singapore Pte Ltd (we or us). We are registered in Singapore and our registered office is at 22 Sin Ming Lane #06-76 Midview City S573969.
Please read this end user agreement (agreement) carefully before using Kind Citizen (the Service). This agreement forms a legally binding agreement between you and us and sets forth the terms and conditions by which you may use the Service. You shall be deemed to have accepted the terms by clicking by sign up this agreement.
For the purposes of this agreement, you and your means you as the user of the Service. If you use the Service on behalf of a company, organisation, or other entity, then you includes you and that entity, and you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to this agreement, and that you agree to this agreement on the entity’s behalf.
You acknowledge and agree that the use by you of the Service is conditional on your compliance with the provisions of this agreement. By using the Service, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you are not granted any rights to use the Service, and you should not use the Service.
Use of Service
Subject to your compliance with all of the terms and conditions of this agreement, we grant to you, and you hereby accept, a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Service.
You may use our Service to (a) provide any products, goods and/or services (Merchant partner) to any eligible persons through our Service; (b) order any products, goods and/or services provided by a Supplier registered as a partner through our Service (Beneficiaries); or (c) provide contribution (Contributor), as the case may be, subject to the relevant terms and conditions below:
As merchant partner: You agree that aside from this agreement, you shall be bound by any other terms and conditions which have been executed between yourself and us (including but not limited to any merchant partnership agreement).
As a Beneficiaries: If you order any products, goods and/or services provided by a listed merchant partner through the Service, you agree to the following:
You shall only provide truthful, accurate, valid and current information about yourself, and in the event that any additional information is required, to provide such promptly. In the event that any information is missing or inaccurate, we reserve the right to cancel or limit any of your orders and/or the use of the Service.
Any orders are subject to availability and the terms and conditions of each of the products, goods and/or services provided by the relevant merchant partner (if any);
We reserve the right to consider your eligibility to the products, goods and/or services provided by Merchant partners through the Service, noting that all products, goods and/or services provided by Merchant partners through the Service is restricted to the locality and jurisdiction of Singapore only;
We will not accept any orders from dealers, wholesalers or customers who are resellers or who intend to resell the products, goods and/or services provided by Merchant partners through the Service. If we discover that you are placing orders with such intent, we will immediately cancel your order, suspend or terminate your account and take any additional legal action deemed appropriate;
To the extent your conduct may be fraudulent, such as attempting to impersonate any other persons or use of fake identification, we will report you to the relevant enforcement authorities and take any additional legal action deemed appropriate; and
As a Contributor: You may become a Contributor pledging a Contribution to us by making purchase as provided under the Service. You acknowledge and agree that you are under no obligation to become a Contributor or to pledge a Contribution and that you will be solely responsible for any decision to become a Contributor. You understand that your contribution is being made to Gmeal and that Gmeal has exclusive legal control over all Contributions. In the event that you make a Contribution pledge, you will be required to provide truthful, accurate, valid, and current credit card or other payment information at the time of the pledge. You agree that all Contributions are final.
Additional Terms and Conditions
Electronic Documents and Signatures
When you communicate with us through or on our website, application or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same legal force and effect as if they were in writing and signed by the party sending the communication.
You further acknowledge and agree that by clicking on a button labelled “SUBMIT”, “ORDER NOW”, “I Accept”, “I Agree” Or Similar Links Or Buttons, You Are Submitting A Legally Binding Electronic Signature And Are Entering Into A Legally Binding Contract. You Hereby Agree To The Use Of Electronic Signatures, Contracts, Orders And Other Records And To Electronic Delivery Of Notices, Policies And Records Of Transactions Initiated Or Completed Through The Website. Further, You Hereby Waive Any Rights Or Requirements Under Any Statutes, Regulations, Rules, Ordinances Or Other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Your services may be suspended or terminated with or without notice upon any violation of this policy. Any violations may result in the immediate suspension or termination of your account.
The Website And Service Is Provided On An “As-Is” And “As-Available” Basis. Except As Specifically Provided Herein, To The Fullest Extent Permissible Pursuant To Applicable Law, We Expressly Disclaims All Warranties Of Any Kind Whether Express Or Implied With Respect To The Website And Service, Including, Without Limitation, Any Warranties Of Merchantability, Fitness For A Particular Purpose And Non-Infringement. We Do Not Make Any Warranty That The Website Will Meet Any Requirements, Or That Access To The Website Will Be Uninterrupted, Timely, Secure Or Error-Free, Or That Defects, If Any, Will Be Corrected. We Make No, And Expressly Disclaims, All Warranties As To The Results That May Be Obtained From The Use Of The Website Or As To The Accuracy, Quality, Or Reliability Of Any Information Obtained Through The Website, Including But Not Limited To Any Live Chat Or Static Or Dynamic Content.
You Understand And Agree That Any Material Or Data Downloaded Or Otherwise Obtained Through The Use Of The Website Is Used At Your Own Risk And That You Will Be Solely Responsible For Any Damage To Your Computer System Or Loss Of Data That Results From The Download Of Such Material Or Data.
No Information, Whether Oral Or Written, Obtained By You From Us Or Through The Website Shall Create Any Warranty Not Expressly Made Herein.
To the fullest extent permitted by law, you will protect, defend, indemnify and hold harmless Gmeal, and all of its directors, officers, employees, agents, and contractors from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with or related to (i) your use of the website and/or Service; (ii) information you submit or transmit through the website and/or Service; (iii) privacy, tort or other claims relating to the provision of personal information (e.g., telephone number) to us that is not owned by you in contravention of this agreement; or (iv) your breach of this agreement.
Limitation of liability
Except Where Otherwise Inapplicable Or Prohibited By Law, We Are Not Liable To You For Claims Or Liabilities Of Any Kind, Including, Without Limitation, For Any Direct, Indirect, Incidental, Consequential Or Any Other Damages Arising Out Of Or Related To The Use Of The Website Or Service By You Or By Third Parties And/Or The Purchase Of Products, Goods And/Or Services From Merchant Partners Through The Website And/Or Service, Regardless Of Whether We Have Had Notice Of The Possibility Of Such Damages. This Includes, Without Limitation, Any Loss Of Use, Loss Of Profits, Loss Of Data, Loss Of Goodwill, Cost Of Procurement Of Substitute Services, Or Any Other Direct, Indirect, Special, Incidental, Or Consequential Damages. This Applies Regardless Of The Manner In Which Damages Are Allegedly Caused, And On Any Theory Of Liability, Whether For Breach Of Contract, Tort (Including Negligence And Strict Liability) Or Otherwise Resulting From (1) The Use Of, Or The Inability To Use, The Website; (2) The Use Of, Or The Inability To Use, Services; (3) The Use Of, Or The Inability To Use Products, Goods And/Or Services Ordered On Or Through The Website And/Or Service; Or (3) The Cost Of Procurement Of Substitute Items.
If, Not Withstanding The Limitations Of Liability Set Forth Above, We Are Found Liable Under Any Theory, Our Liability And Your Exclusive Remedy Will Be Limited To Money Damages Not To Exceed S$100.
Specifically, you acknowledge that we are only providing the Service to you and do not bear any responsibility whatsoever in (a) providing any assurance in relation to your use of the products, goods and/or services provided by Merchant partners through the Service; (b) providing any assurance that the products, goods and/or services provided by Merchant partners through the Service will be used appropriately by the Purchasers; (c) providing any assurance in relation to that any monies donated is ultimately used by any third parties appropriately, as the case may be.
Entire agreement. This agreement constitutes the whole legal agreement between you and us and govern your use of the Service and completely replace any prior agreements between you and us in relation to the Service. You acknowledge that you are not relying on, and will have no remedies in respect of any undertakings, warranties, promises or assurances that are not set forth in this agreement.
Variation. This agreement may only be amended, modified or supplemented by agreement in writing between the parties.
Governing Law. This agreement and any non-contractual obligations arising out of, or in connection with it, shall be governed by, and interpreted in accordance with, Singapore law, without regard to conflict of law principles.
Arbitration. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC Rules) for the time being in force, which rules are deemed to be incorporated by reference in this Clause 8.5. The seat of the arbitration shall be Singapore. The tribunal shall consist of one arbitrator(s). The language of the arbitration shall be English. The law for the arbitration agreement shall be Singapore law.
Successors and Assigns. We may transfer our rights and obligations under these terms to another organisation and shall use commercially reasonable efforts to notify you of the same. You shall not be permitted to assign or transfer your rights and obligations under this agreement without our prior written consent.
Third Party Rights. A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap 53B) of Singapore to enforce any of its terms. Notwithstanding any terms of this agreement, the consent of any third party is not required for any variation (including any release or compromise of any liability under) or termination of this agreement.
Severability. Each of the terms of this agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.
Headings. The headings of the sections of this agreement are for convenience of reference only and shall not be considered in construing this agreement.
Language. The parties hereto confirm that it is their wish that this agreement as well as other documents relating hereto, including notices, have been and shall be drawn up in the English language.