TERMS OF SERVICE

 

Last Updated: 02 February 2023

 

Welcome. 

 

These Terms apply to visitors to our website located at URL address https://syestrendinfotech.com/terms-privacy (our “Site”); our mobile application “Syes” (our “App”); and relevant Third-Party Sites as defined below.

 

Syes Trendinfotech PVT. LTD. (“Syes Trendinfotech,” “we,” “us,” or “our”) provides the content and Services available on the Platform (as defined below), subject to

 

(a)         the following Terms of Service,

 

(b)         our Privacy Policy, and

 

(c)          other Terms and Policies which you may find throughout our Platform in connection with certain functionality or features,

 

all of which are deemed a part of our Agreement with you (collectively, the "Agreement").

(d)         our Refund Policy, and

 

You may be accessing our Platform from a computer or mobile phone device.  These Terms and the Agreement govern your use of our Platform and your conduct, regardless of the means of access. By accessing or using any part of the Platform, you are acknowledging that you have read, understood, and agreed, without limitation or qualification, to be bound by this Agreement.

 

We also like to interact with you on third party sites where we post content or invite your feedback, such as (but not limited to) Facebook; Instagram; Twitter; TikTok and LinkedIn ("Third Party Sites"). This Agreement may provide guidelines in connection with our interactive services, including services that involve Third Party Sites, but do note that SYES TRENDINFOTECH does not control those Third Party Sites, and this Agreement does not apply to companies that we do not own or control, or to the actions of people that we do not employ or manage. You should always check the terms of use posted on Third Party Sites.

 

 

OUR SERVICES

 

On the Platform, our Services include an online platform service that provides a place and opportunity for the sale of goods between Consumers and Partners, collectively, “Users”.  Partners post Commercial Information on the Platform, and Consumers may access and use such Commercial Information to facilitate sales and purchases. Any actual contract entered between a Consumer and a Partner is directly between them and we are not a party to that or any other contract between them and we accept no obligations in connection with any such contract(s). Parties to such transaction will be entirely responsible for the contracts between them, the listing of goods, warranty of purchase and the like.

 

We provide the following services through the Platform:

and specific terms may apply to each of these Services, contained herein.  Please remember to check these Terms often, to ensure that you are updated on the applicable terms and conditions.

 

IF YOU DO NOT AGREE TO ANY PART OF THE TERMS WITHIN THIS AGREEMENT, YOU MAY NOT USE OUR SITE AND ANY OF OUR SERVICES.

 

 

SECTION A – GENERAL TERMS

 

1.           INTRODUCTION

 

1.1         Please read these Terms of Service carefully. By using any part of the Platform, you agree that you have read and understood the terms in these Terms of Service which are applicable to you.  We may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on our Site or on our App. It is your responsibility to review the Terms of Service and Syes Trendinfotech Policies regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

 

1.3         Syes trendinfotech is a technology company which provides the Platform for

 

(a)        facilitating interaction between Consumers with other Users;

 

(b)         allowing Consumers to obtain or procure information about other Users; and

 

(c)          allowing Partners to post and promote Commercial Information through the Services.

 

Depending on the goods or services in question, the goods or services may be supplied by Syes Trendinfotech or a Partner who uses the Platform. Where the goods or services in question are provided by a Partner, our role is merely to link Consumers with such Partners, whereupon we shall not be responsible for the acts and/or omissions of any such Partners, who shall bear all liability in relation to such goods or services, and the modes of methods of operating their business in relation to the same. Partners using the Platform are not, and shall not hold themselves out to be, an agent, employee or staff of Syes Trendinfotech and any good or service provided by these shall not be deemed to be provided by Syes Trendinfotech.

 

 

2.           DEFINITIONS

 

In these Terms of Service, the following words shall have the meanings ascribed below:

 

“App” means the mobile application(s) made available for download by Syes Trendinfotech (or its licensors) to Consumers and Partners;

 

“Commercial Information” means the business information posted by Partners relating to products and services which are made available to Consumers through the Platform:

 

“Consumer” means any end-user who accesses or uses the Platform to search for and obtain Commercial Information; and/or to make a purchase or enter into any interaction with other Consumers or commercial activity with any Partners;

 

              “Consumer Charges” means charges incurred by Consumers for any transaction with any Partner obtained through the use of the Service, including any fees or charges that may be due for purchase of any good or service;

 

“Syes Trendinfotech Policies” means the following:

 

(a)          the Privacy Policy available on [URL address]; and

 

(b)         all other forms, policies, notices, guidelines, frequently asked questions (FAQs), in-app or website product/service descriptions and information cards, or agreements provided to or entered into by you from time to time;

 

“Partner” means independent third parties (who are not Syes Trendinfotech) who provide relevant Commercial Information to Consumers through the Platform; 

 

              “Personal Data” refers to any data or information about you from which you can be identified either from that data; or from that data and other information to which we have or are likely to have access. Examples of such Personal Data which you may provide to us include (depending on the nature of your interaction with us):

(a)           your name; NRIC, passport or other identification number; telephone number(s); mailing address; email address; and any other information relating to you which you have provided us in any forms you may have submitted to us, or in other forms of interaction with you;

 

(b)           notes of conversations or incidents that might occur for which a record needs to be kept;

 

(c)            information about your use of our website and services, including cookies; IP addresses, but only to the extent that we may identify you from such information;

 

(d)           your payment related information, such as your bank account or credit card information, and your credit history with us; and

 

(e)           information about your usage of and interaction with any part of our Platform including computer and connection information, device capability, bandwidth, statistics on page views, and traffic to and from our website.

;

              “Platform” means the App, our Site; Third Party Sites; our Software and any other platform, portal or website which Syes Trendinfotech owns, operates or otherwise makes available to Consumers and/or Partners for the purposes of or in connection with the Platform and/or Commercial Information;

 

“Platform Content” means any content as made available on the Platform or any part thereof;

 

“Privacy Notice” means our Privacy Notice accessible at our Site as amended from time to time;

 

              “Rectification Measure” has the meaning ascribed to it in Clause 29.2 of Section A;

 

“Services” means the linking of Consumers to Partners or other Consumers to facilitate trade arising from the publication within the Platform of the Commercial Information;

 

“Software” means any software in connection with the App, Service and/or Commercial Information which is made available by Syes Trendinfotech;

 

“you” refers to the Partner and/or Consumer as may be applicable.

 

 

3.           REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS

 

3.1         By using the Platform, you represent, warrant and undertake that:

 

3.1.1     You must be at least thirteen (13) years old.  However, you should be at least eighteen (18) years old in order to make a purchase or enter into any commercial activity with any Partner on the Platform.  If you are under eighteen (18) years old, then you may not make a purchase or enter into any other commercial activity with any Partner unless you have the permission of an adult. If you are under eighteen (18) years old, you may browse our Service. However, you may not provide personal information to us, make a purchase or enter into any other commercial activity with a Partner.  This Service is not directed to children under thirteen (13) years old.  By accessing or using the Service, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms;

 

3.1.2     You will provide true, accurate, not misleading, current and complete information as required, and undertake 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 the Agreement. You agree that Syes Trendinfotech 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, Syes Trendinfotech has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice, in addition to other rights we may have under law;

 

3.1.3     You will provide us with whatever proof of identity or any other documents, permits, licences or approvals which we may reasonably request or require;

 

3.1.4     You will only use an access point or account which you are authorized by Syes Trendinfotech to use;

 

3.1.5     You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise permitted by Syes Trendinfotech;

 

3.1.6     You will keep your account password or any identification we provide you which allows access to the Platform secure and confidential;

 

3.1.7     You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;

 

3.1.8     You agree to notify us immediately of any unauthorized use of your account or any other breach of security;

 

3.1.9     When using the Platform, you agree to comply with all laws applicable to you and/or your use of the Platform;

 

3.1.10   You will only use the Platform for its intended and lawful purposes;          

 

3.1.11   You will not try to interrupt, impair or harm the Platform in any way, and shall refrain from:

 

(a)   sending spam or otherwise duplicative or unsolicited messages;

 

(b)   sending or storing infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;

 

(c)   sending material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programmes;

 

(d)   interfering with or disrupt the integrity or performance of the Platform or the data contained therein;

 

(e)   attempting to gain unauthorized access to the Platform or its related software, systems or networks;

 

(f)    impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity;

 

(g)   engaging in any conduct that could possibly damage our reputation or amount to being disreputable;

 

(h)   circumventing the proper operation of the Platform and network which the Platform operates on; and

 

(i)    using any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, to unduly burden or hinder the operation and/or performance of the Platform, or to circumvent the navigational structure or presentation of the Platform or its content;

 

3.1.12   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, its 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 Syes Trendinfotech. This includes without limitation, not to: 

 

(a)       create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Platform except for your personal, non-commercial use;

 

(b)      copy any 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 its content elsewhere;

 

(c)       conduct data mining or scraping activities, unless an exception applies under applicable law; and

 

(d)      disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Platform or any software or services made available on or through the Platform;

 

3.1.13   You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Syes Trendinfotech or to disrupt the natural functions of the Platform;

 

3.1.14   You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes;

 

3.1.15   You will not use the Platform to cause nuisance or harassment; or behave in an inappropriate or disrespectful manner towards Syes Trendinfotech or any third party;

 

3.1.16   You agree that all parts of the Platform are provided on a reasonable effort basis;

 

3.1.17   You agree that your use of the Platform will be subject to the Agreement and the Syes Trendinfotech Policies as may be implemented or amended from time to time;

 

3.1.18   You agree to assist Syes Trendinfotech with any internal or external investigations as may be required by Syes Trendinfotech in complying with any prevailing laws or regulations in place; 

 

3.1.19   You provide us the phone numbers of Syes Trendinfotech users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorised to provide us with such numbers to enhance the Service or Platform for your use or such other purpose as we may communicate to you before or at the point of provision;

 

3.1.20   You are aware that when accessing the Platform, standard telecommunication charges will apply;

 

3.1.21   You agree that Syes Trendinfotech may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account; and

 

3.1.22   You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Syes Trendinfotech or any other party as a result of your breach of this Agreement.

 

3.2         If you are a Partner, you further represent, warrant and undertake that:

 

3.2.1     You possess all the appropriate licences, approvals, permits, consents, authority and mandatory insurance policies related to or in connection with your provision of the goods and/or services; and all related Commercial Information provided and/or marketed on the Platform;

 

3.2.2     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 vehicle, equipment, premises or any other matter or thing which is involved or used in the course of your provision of the goods or services;

 

3.2.3     If applicable, you have a valid policy/ies of liability insurance (in industry-standard coverage amounts) in connection with your provision of the goods and/or services;

 

3.2.4     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 goods and/or services provided by you;

 

3.2.5     You shall obey all local laws related to your provision of the goods and/or services and will be solely responsible for any violations of such local laws;

 

3.2.6     You shall not contact Consumers for purposes other than in connection with the Service;

 

3.2.7     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;

 

3.2.8     You are aware that when responding to Consumers, standard telecommunication charges may apply which shall be solely borne by you;

 

3.2.9     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 the Agreement; 

 

3.2.10   You are strictly forbidden to use the Platform for other purposes such as but not limited to data mining of Syes Trendinfotech’s information or information related to the Platform, unless an exception applies under applicable law.  A breach of this sub-Clause may be treated as industrial espionage or sabotage, and Syes Trendinfotech 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; and

 

3.2.11   Without prejudice to any other provisions, information which you have submitted to us for your registration as a Partner on the Platform, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Platform or otherwise be temporarily displayed in the course of the Services on the Platform. You hereby give your consent to such use of information for the purposes of the Commercial Information, and to facilitate your use of the Platform. Your use of the Platform or any part thereof may be monitored by us or a third-party service provider to provide you with information on your business and account as well as better services. You further agree that any personal data you receive via the Platform or otherwise in connection with the Commercial Information shall only be used for the direct and specific purpose for which you are originally provided the personal data, and such personal data shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a Consumer via the Platform for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.

 

3.3         If you are a Consumer, you further represent, warrant and undertake that:

 

3.3.1     Your use of the Platform and/or any of the Services provided thereon, are, unless otherwise allowed by Syes Trendinfotech, for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Minor”), in which case you shall assume primary responsibility of the Minor;

 

3.3.2     You possess all the appropriate licences, approvals, permits, consents, authority and mandatory insurance policies related to or in connection with your consumption of the goods and/or services marketed under the Service;

 

3.3.3     You shall not contact any Partner for purposes other than to enquire or purchase the good and/or services in which they have advertised through the Service; and

 

3.3.4     You shall not intentionally or unintentionally cause or attempt to cause damage to the Partner or any property of the Partner.

 

 

4.           COMPATIBILITY

 

Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Platform or part(s) thereof. While we continuously develop the Platform 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, we do not warrant compatibility of the Platform with specific mobile devices or other hardware.

 

 

5.           LICENCE GRANT AND RESTRICTIONS

 

5.1        Syes Trendinfotech and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited licence to use and access the Platform, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Syes Trendinfotech and its licensors.

 

5.2         You shall not:

 

5.2.1     post, distribute or reproduce in any way any copyrighted material, trade marks, or other confidential  information without obtaining the prior consent of the owner of such proprietary rights; or

 

5.2.2     remove any copyright, trade mark or other proprietary rights notices contained on the Platform.

 

5A.        SETTING UP OF ACCOUNTS ON THE PLATFORM

 

Terms applicable to Consumers

 

5A.1      We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, any of the Services on the Platform and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing any of the previous Services.

 

5A.2      We reserve the right, but shall not be obliged to:

 

(a)         monitor, screen or otherwise control any activity, content or material on the Platform. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action we deem appropriate;

(b)         prevent or restrict access to any part of the Platform;

 

(c)          report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

 

(d)         request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this clause if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

 

5A.3      You may not use any of the Services or access any part of the Platform if you have been previously permanently or temporarily suspended from using the same, through either the same or different login details.

 

5A.4      While we endeavour to provide or procure accurate description of Goods made available on the Platform, we do not warrant that such description is accurate and updated.

 

5A.5      Access to parts of the Platform may require creation of an account with us or for you to provide Personal Data (as defined in our Privacy Policy).

 

5A.6      If you request to create an account with us, a username or account may either be:

 

(a)         determined and issued to you by us; or

(b)         provided by you and accepted by us in our sole and absolute discretion in connection with your use and access of the Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the username and/or password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the username and/or password has been compromised or if there has been any unauthorised use of the username and/or password.

 

5A.7      You agree and acknowledge that any access or use by you of any of the Services and/or any part of the Platform and any information, data or communications referable to your username and password shall be deemed to be, as the case may be:

 

(a)          access to the platform by you; or

(b)         information, data or communications posted, transmitted and validly issued by you. You agree to be bound by any access or interactions of the Platform by your account (whether such access and/or use are authorised by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.

 

5A.8      For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

 

5A.9      We may attach banners, java applets and/or such other materials in parts of the Platform for the purposes of advertising our or third parties’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.

 

Terms applicable to Partners

 

5A.10    This section applies to you if you are a Partner and sets out the terms under which you may utilise the Portal in conjunction with the Commercial Information accessed by you or your authorised Consumers (“Authorised User”) through the Application or the Platform. Your and your Authorised Users’ use of the Application and Commercial Information are subject to the applicable terms in these Terms of Service. The Terms of Service and this section apply to you upon your completion of the account sign-up page, and constitute a binding agreement between you and Syes Trendinfotech. In the event of any conflict in the terms under this section and the rest of these Terms of Service, the terms in this section shall prevail to the extent that such inconsistency relates to the use of this Portal for Partners.

 

5A.11    After verification and acceptance by Syes Trendinfotech, Syes Trendinfotech will establish a Corporate User Account for you in accordance to your preferred mode of payment of charges incurred by Authorised Users for the Commercial Information, be it

 

(a)          Corporate Billing (as defined below),

 

(b)         reimbursement, or

 

(c)          corporate credit card billing. Using your Corporate User Account, you may permit Authorised Users with an Active Account (as defined below) to pay for Commercial Information using Corporate Billing (as defined below). You acknowledge that Authorised Users employing Corporate Billing will be incurring User Charges to your Corporate User Account and not to the Authorised User’s personal account or credit card. You agree to pay all User Charges incurred under Corporate Billing, as well as any applicable fees incurred by Authorised Users in using the Commercial Information, in accordance with the terms and conditions herein. “Corporate Billing” means the enterprise billing and payment process for the Service provided by Syes Trendinfotech or its Affiliates to you hereunder for User Charges, whereby you make payment at the agreed date via your designated payment method under the, subject to a monthly statement made available by Syes Trendinfotech to you on a monthly basis.

 

5A.12    You acknowledge and agree that before an Authorised User is authorised, and before the Authorised User can access the Platform’s business functionalities relating to a specific Service pursuant to this Agreement (“Proposed User”), such Proposed User must

 

(a)          download and install the Application on a compatible mobile device; and

 

(b)         register for and maintain an active personal user account (“Active Account“) until the Corporate User Account is terminated. The Proposed User’s registration requires the entry of personal data and may require a personal credit card number or any other payment method authorised by Syes Trendinfotech. The Proposed User must also confirm the mobile number provided during the registration process. Syes Trendinfotech’s use of any personal data and credit card or other authorised payment method information to establish an Active Account shall be as set forth in the Privacy Policy.

 

5A.13    You acknowledge that certain Proposed or Authorised Users may be suspended or banned from use of the Service due to future or past violations of the Terms of Service, and that Syes trendinfotech shall have no obligation or liability related to a Proposed or Authorised User that is unable to obtain or maintain an Active Account for the purposes of Corporate Billing due to such violations.

 

5A.14    To enable Portal business features for a Proposed User with an Active Account, you shall provide Syes Trendinfotech with

 

(a)          the Active Account holder’s full name;

 

(b)         the Active Account holder’s company email address; and

 

(c)          other identifying information about the Active Account holder as reasonably requested by Syes Trendinfotech (“Linking Data”). Syes Trendinfotech will use the Linking Data provided for the purpose of authenticating the identified Active Account holder and linking such Active Account with the business account to establish the Active Account holder as an Authorised User, and verifying the status of such Authorised User from time to time during the term of this Agreement. All Proposed Users invited to enable Syes Trendinfotech for Business features will receive an email to the email address in the Linking Data with instructions for linking their individual Active Account with the Corporate User Account. Upon the linking of the Corporate User Account to an Active Account and where Corporate Billing applies, such Proposed User shall be provided the option, on a ride by ride basis, to apply User Charges to your Corporate User Account via the Corporate Billing option.

 

5A.15    You acknowledge that the verification and linking described above will require Syes Trendinfotech to contact each such Proposed User using the Linking Data, and by providing Linking Data, you confirm that you have obtained all necessary consents from each Proposed User for Syes Trendinfotech to contact such Proposed User for the purpose of implementing the Syes Trendinfotech for Business account in the applicable Active Account. You shall ensure that Linking Data provided to Syes Trendinfotech is accurate and complete, and Syes Trendinfotech shall not be liable to you, an Authorised User, a Proposed User or any other party with respect to inaccurate or incomplete Linking Data supplied by you.

 

5A.16    You agree that

 

(a)          you are responsible for all User Charges incurred by Authorised Users on a then-current Authorised User list regardless of whether such User Charge was authorised between Authorised User and you; and

 

(b)         User Charges may be subject to price changes at any time. Further, you agree that Syes Trendinfotech shall not be responsible for User Charges incurred by an Authorised User after you have attempted removal of such Authorised User from the Corporate Billing option to the extent you provide incomplete or inaccurate Authorised User removal information via the Portal. Finally, as between you and Syes Trendinfotech, you shall be responsible for the User Charges incurred due to fraudulent or other prohibited activity on the part of Authorised User’s use of Corporate Billing for the Service. You shall notify Syes Trendinfotech promptly upon discovery of fraudulent or prohibited activity occurring under your account.

 

5A.17    Restrictions

 

You agree to, and to cause all Authorised Users to, use the relevant parts of the Portal solely as set forth in these Terms of Service. Syes Trendinfotech reserves the right to suspend participation in Corporate Billing to you and/or any Authorised Users for violations of these Terms of Service. In the event that an Authorised User’s Active Account is suspended or terminated pursuant to these Terms of Service, such Authorised User’s access to Corporate Billing shall also be suspended. Corporate User shall not, and shall not authorise others to,

 

(a)          decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms of any part of the Portal, except to the extent allowed by applicable law;

 

(b)         sublicense, lease, rent, sell, give, or otherwise transfer or provide any part of the Portal to any unaffiliated third party;

(c)          upcharge, increase or otherwise modify the User Charges as calculated through the Portal for any usage of the Service; or

 

(d)         impose any additional fees or charges on an Authorised User related to use of the Service. Syes Trendinfotech reserves all rights not expressly granted to you or Authorised Users under these Terms of Service.

 

5A.18    You will be provided with access to the Portal. Syes Trendinfotech’s primary contact with you shall be by way of your appointed administrator set forth on the account creation form associated with this Agreement (“Company Admin”). The Portal may enable you to

 

(a)          view a current list of all Proposed Users who have been invited, and Authorised Users who have been linked;

 

(b)         provide additional Linking Data to invite additional Proposed Users;

 

(c)          revoke any Authorised User’s access to Corporate Billing;

 

(d)         view relevant trip/booking information as determined by Syes Trendinfotech from time to time (“Portal Data“) and prepare and review activity reports using Portal Data;

 

(e)          disable all current Authorised Users from using Corporate Billing methods;

 

(f)          manage and update the Authorised Users on file;

 

(g)          view current, appoint new, and remove Company Admins.

 

You agree to use Portal Data solely for legitimate business purposes including, but not limited to, business expense processing, accounting, and budgeting purposes. Syes Trendinfotech reserves the right to add, remove and update features and functionality of the Syes Trendinfotech for Business Portal at any time without any notice to you.

 

5A.19    You may appoint additional Company Admins at your discretion, and Syes Trendinfotech will provide the necessary Portal login credentials to you. You agree to

 

(a)          maintain all Portal login credentials in confidence;

 

(b)          only permit the lead Company Admin and your other authorised company administrators to access the Portal; and

 

(c)          update all information of the lead Company Admin and other authorised administrators to ensure that it is current, accurate, and complete. You shall limit access to Portal Data to only those personnel who have a legitimate business need to access such Portal Data. You shall be responsible for all activities that occur under your Portal login credentials including keeping and maintaining an accurate list of current Authorised Users entitled to access Corporate Billing methods via the Portal. Syes Trendinfotech may review the current list of Authorised Users from time to time via the Portal to maintain and support the Application and Service and ensure compliance with the Terms of Service.

 

5A.20     Fees and Payments

 

5A.20.1 In consideration of the provision of the Platform provided by Syes Trendinfotech, including Corporate Billing, Syes Trendinfotech may charge a service or administration fee (the “Fees”) as determined by Syes Trendinfotech from time to time. You shall pay to Syes Trendinfotech all User Charges and the Fees on the terms set forth below.

 

5A.20.2 Subject to terms and conditions determined by Syes Trendinfotech in its sole discretion, you will be able to access monthly reports (each, a “Monthly Report“) for User Charges incurred by Authorised Users utilising Corporate Billing during the preceding month (“Monthly Billing“). If you qualify for and elect to participate in Monthly Billing through the Portal, User Charges and Fees shall be billed to you monthly as set forth in the Monthly Report, and each such Monthly Report shall be payable in full by you within thirty (30) days from the date of such Monthly Report.  If you have not enabled Corporate Billing and instead you have opted for a reimbursement or corporate credit card method of payment, Syes Trendinfotech shall charge the Authorised User for User Charges as to be agreed.

 

5A.20.3 All Fees shall be exclusive of Goods and Services Tax (GST) and/or similar sales taxes. If GST is chargeable on any Fees, you shall pay the GST amount to Syes Trendinfotech when making payment of the Fees. Fees paid shall be paid free of any deduction for withholding tax (if applicable).

 

5A.20.4 Unless otherwise indicated on an Authorised User receipt, all payments made pursuant to these Terms of Service are exclusive of applicable taxes, and you agree to be responsible for the payment of any such taxes assessed on User Charges, including GST. You agree to provide information that Syes Trendinfotech may reasonably request in order for Syes Trendinfotech to be able to comply with its tax reporting obligations including, but not limited to, your registered company name; UEN; billing address, tax number (where applicable) and any other evidence that Syes Trendinfotech may require to show that you are a business conducting an economic activity. If you are participating in Monthly Billing, the Monthly Report will indicate Fees in the currency applicable to the place of incorporation only. If you are not participating in Monthly Billing, all payments shall be processed in the local currency applicable to the geography of the Authorised User’s applicable ride. All payments are non-refundable unless otherwise stated.  For the purpose of clarity, all payments shall be made by you to the Syes Trendinfotech entity that is stated in the Syes Trendinfotech for Business account sign-up page on [URL].

 

5A.20.5 Syes Trendinfotech reserves the right to immediately suspend your account and suspend any or all Corporate Billing by all Authorised Users in the event of any unpaid User Charges and/or Fees by you due to past due Monthly Reports (as applicable), an invalid credit on your Corporate User Account, or a rejected transaction. Syes Trendinfotech further reserves the right to pursue any and all remedies available to it under applicable law, including reporting you to applicable credit reporting agencies, in the event of any unpaid User Charges and/or Fees hereunder. Re-establishing your account after full payment of late User Charges and/or Fees shall be at Syes Trendinfotech’s sole discretion. All late payments shall bear interest at 2% per month or the maximum allowed by applicable law.

 

5A.20.6 These terms shall apply from the date of your Corporate User Account creation and shall remain in effect until it is terminated.  Either you or Syes Trendinfotech may terminate this Agreement with or without cause upon 30 days’ advance written notice to the other party. All outstanding payment obligations shall survive such termination.

 

5A.21   You represent and warrant that

 

(a)           you have the full right, power and authority to enter to this Agreement; and that

 

(b)          your acceptance of these Terms of Service and performance of your obligations herein do not and will not violate any other agreement which you are party to.

 

5A.22   You further represent and warrant that:

 

(a)           you have all rights and permissions necessary to provide Syes Trendinfotech with the Linking Data and any other information provided to Syes Trendinfotech hereunder in connection with the Service and Corporate Billing;

 

(b)          you have obtained legally adequate consent from Proposed Users and Authorised Users as necessary to provide Syes Trendinfotech with any personal data in connection with the Service and corporate payment methods including Corporate Billing;

 

(c)           you have notified, and obtained legally adequate consent from, Proposed Users and Authorised Users that Syes Trendinfotech will provide you with transaction information for charged to your account; and

 

(d)          you are in compliance, and shall remain in compliance during the term of this Agreement, with all applicable national, and international laws, rules and regulations relating to data protection, privacy, identity theft, data breach, consumer protection, and data security, and any applicable industry standards relating to privacy and data security.

 

5A.23   OTHER THAN WITH RESPECT TO A BREACH OF CONFIDENTIALITY OR DATA PRIVACY,

 

(A)          IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF BUSINESS OR PROFITS, SUFFERED BY THE OTHER PARTY OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SYES TRENDINFOTECH OR CORPORATE USER (OR THEIR AGENTS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND

 

(B)          IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES IN AN AMOUNT EXCEEDING THE GREATER OF

 

(I)           TEN THOUSAND SINGAPORE DOLLARS (SGD10,000) (OR LOCAL CURRENCY EQUIVALENT THEREOF), AND

(II)          THE TOTAL FEES PAID OR PAYABLE BY YOU TO SYES TRENDINFOTECH HEREUNDER.

 

5A.24    Neither party may use or reference the other party’s name, logo, trade marks or service marks in a press release or otherwise without the prior consent of such other party in each instance.

 

5A.25    Syes Trendinfotech and its affiliate companies are and shall remain the owners of all right, title and interest in and to the Portal including any updates, enhancements and new versions thereof, and all related documentation and materials provided or available to you or any Proposed User or Authorised User in connection with these Terms of Service.

 

5A.26    Non-performance of either party of any obligations hereunder shall be excused to the extent and during the period that performance is rendered impossible by strike, fire, flood, earthquakes, governmental acts or orders or restrictions, failure of suppliers, or contractors, or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party.

 

5A.27    Notwithstanding anything contained in this Agreement, either party may assign this Agreement without the consent but with notice to the other party in connection with a merger or a sale of all of the equity or assets of said party. Subject to the foregoing, this Agreement shall be binding upon all successors and assigns of a party.

 

5A.28    In any legal proceedings between the parties, the prevailing party shall be entitled to reasonable legal fees and all costs of proceedings incurred in enforcing this agreement.

 

 

6.           PAYMENTS

 

6.1         Payment Terms for Partners

 

6.1.1     Syes Trendinfotech charges a fee for your posting of your Commercial Information on the different Services we offer on the Platform (the “Service Fees”). The Service Fees include

 

(a)         a subscription fee of S$365 per annum (should you subscribe to a premium partnership plan) which allows you [list];

 

              (b)         a per-ad post fee of S$15 for 30 days;

 

(c)          purchase of live credits at [price].  You may add funds (“Credits”) to your Credit Balance. The maximum balance you may hold in the Credit Balance at any time is [amount]. Your Credit Balance may be added in any manner prescribed by Syes Trendinfotech from time to time (such as cash reload and credit/debit card payments).  Funds in the Credit Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances. The funds shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. You will not receive interest or other earnings on your Credits. Syes Trendinfotech may receive interest on amounts that Syes Trendinfotech holds on your behalf. You agree to assign your rights to Syes Trendinfotech for any interest derived from your Credits; and

             

(c)          such other fee or taxes which may be levied in addition from time to time.

             

The Service Fees are payable by you immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Platform; and/or our decision to terminate or suspend your access to the Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason (including for no reason) whatsoever.

 

6.1.2     Syes Trendinfotech retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal or tortious activity or where you and/or the Consumer have breached any of the Terms in this Agreement. In such an event, you shall not hold Syes Trendinfotech liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

 

6.1.3     Syes Trendinfotech may, at its sole discretion, make promotional offers with different features and different rates on the Commercial Information to any of the Consumers whereby these promotional offers shall accordingly be honoured by you. Syes Trendinfotech may change the Service Fees at any time at its sole discretion.

 

6.2         Payment Terms for Consumers:

 

Consumers are required to make full payment of the Consumer Charges for all good and/or services offered on the Platform by a Partner directly to the Partner using the method(s) agreed between the Consumer and the Partner at the time of transaction.  Syes Trendinfotech does not currently, by itself, provide payment services through the Platform and shall not at any time beheld to be privy to any contract actually entered into between any Consumer and a Partner.       

 

 

7.           RATINGS

 

              Consumers and Partners may be allowed to rate each other.  Every rating will be automatically logged onto Syes Trendinfotech’s system and we may analyse all ratings received. Syes Trendinfotech may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.

 

 

8.           COMPLAINTS

 

Any complaints between Partners and Consumers must be taken up with each other directly.  For the avoidance of doubt, Syes Trendinfotech makes no representations or warranties in respect of the quality or suitability for use for goods and/or services marketed by any Partner on the Platform; and/or in relation to the behaviour of any Consumer or Partner.

 

 

9.           INTELLECTUAL PROPERTY OWNERSHIP

 

              Syes Trendinfotech (and its licensors, where applicable), shall own all right, title and interest, including all related intellectual property rights, in and to the Platform; and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to any Service. The Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to any part of the Platform, or any intellectual property rights owned by Syes Trendinfotech and/or its licensors. Syes Trendinfotech’s name; logo; the Platform and any third parties’ logos and the product names associated with the Software and/or the Platform are trade marks of Syes Trendinfotech or third parties, and no right or licence is granted to use them save for the limited purposes expressly stated in these Terms of Service. For the avoidance of doubt, the term “Platform” shall include its respective components, processes and design in its entirety.

 

 

10.         TAXES

 

10.1       You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Syes Trendinfotech to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.

 

10.2       If you are a Partner, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.

 

 

 

11.         CONFIDENTIALITY

 

11.1       You shall maintain in confidence all information and data relating to Syes Trendinfotech, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Syes Trendinfotech (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Syes Trendinfotech, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Syes Trendinfotech’s prior written consent, disclose such information to any third party nor use it for any other purpose.

 

11.2       The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

 

11.2.1   was at the time of receipt already in your possession;

 

11.2.2   is, or becomes in the future, public knowledge through no fault or omission on your part;

 

11.2.3   was received from a third party having the right to disclose it; or

 

11.2.4   is required to be disclosed by law.

 

 

12.         DATA PRIVACY AND PERSONAL DATA PROTECTION POLICY

 

12.1      Syes Trendinfotech collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of our Services and its terms are made a part of this Agreement by this reference.

 

12.2      You agree and consent to Syes Trendinfotech, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.

 

12.3      You acknowledge that Syes Trendinfotech may disclose Personal Data of other individuals to you in the course of your use of Syes Trendinfotech’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Syes Trendinfotech, and not for any other unauthorized purposes.

 

 

13.         COMMERCIAL INTERACTIONS

 

13.1       During use of any of the Services offered on this Platform, you may enter into communications or transactions with third parties who display or offer their goods and/or service through the Platform. Any such communication or agreement is strictly between you and the applicable third party.  Syes Trendinfotech; its officers; staff and agents; affiliate companies; and/or its licensors shall have no liability or obligation for any such communication or agreement. Neither Syes Trendinfotech nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform, and in no event shall Syes Trendinfotech; its officers; staff and agents; affiliate companies; and/or its licensors be responsible for any content, products, services or other materials on or available from such sites or third parties. Certain third parties may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and Syes Trendinfotech is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third parties. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. Syes Trendinfotech is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.

 

13.2       Syes Trendinfotech may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue.

 

13.3       You agree and allow Syes Trendinfotech to compile and release information regarding you and your use of our Services on an anonymous basis as part of a consumer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Services, Platform and/or advertising or marketing material supplied by third parties through the Platform.

 

13.4       We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

 

13.5       You acknowledge that the Platform utilises and modifies search results from Google Maps services and content, and that by using the Platform, you agree to comply with (a) the Google Maps/ Google Earth Additional Terms of Services at https://maps.google.com/help/terms_maps.html; (b) the Google Privacy Notice at https://www.google.com/policies/privacy/; and (c) the Google Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/. You further agree that when using the Platform you shall not:

 

13.5.1   copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any of the source code of Google Maps;

13.5.2   sublicence, transfer or distribute Google Maps;

13.5.3   sell, resell or otherwise make Google Map available to a third party as part of a commercial offering that does not have material value independent of Google Maps; or

13.5.4   access or use Google Maps in a manner that is illegal or which is likely to result in a circumvention of any fees payable to Google.

 

13.6       Save for factual, truthful and not misleading references through a plain text link to http://www.syestrendinfotech.com or URL(s) which Syes Trendinfotech may specifically provide you with, any linking to the Platform or any part thereof is strictly prohibited in the absence of prior approval by Syes Trendinfotech. Notwithstanding any other provisions, any website, software, platform or other device that links to the Platform or any part thereof is prohibited from (a) replicating any Platform Content, (b) using a browser or border environment around the Platform Content, (c) implying in any fashion that Syes Trendinfotech is endorsing it or its products or services, (d) misrepresenting any state of facts, including its relationship with Syes Trendinfotech, (e) presenting false information about products or services of Syes Trendinfotech, and (f) using any logo or mark of Syes Trendinfotech without prior written approval from Syes Trendinfotech.

 

 

14.         INDEMNIFICATION

 

              By agreeing to the Terms of Service upon using any Service or accessing the Platform, you agree that you shall indemnify and hold Syes Trendinfotech; its licensors; and each such party’s affiliates; officers; directors; members; employees; lawyers; and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs and/or regulatory action) arising out of or in connection with:

 

(a)          your use of a Service, the Platform and/or any part thereof in your dealings with the Partners or Consumers (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or

 

(b)         your violation or breach of any of the Terms of Service, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or

 

(c)          your violation of any rights of any third party, including Partners or Consumers arranged via the Platform, or

 

(d)         your use or misuse of any of the Services, the Platform and/or any part thereof, or

 

(e)          where applicable, your ownership, use or operation of any property, including your provision of Commercial Information to Consumers via the Platform.

 

 

15.         DISCLAIMER OF WARRANTIES

 

15.1       Syes Trendinfotech makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services, Software, Application or Platform. Syes Trendinfotech does not represent or warrant that

 

(a)          the use of the Services, 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 or communicated 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 Services 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.

 

15.2       Syes Trendinfotech makes no representation or warranty of any kind whatsoever, express or implied, in respect of Commercial Information provided by Partners or any Commercial Information procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Services and any goods and/or services provided by Partners and shall have no recourse to Syes Trendinfotech in respect of the same.

 

 

16.         INTERNET DELAYS

 

THE SERVICES, PLATFORM, APP; OUR SITE; AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE PARTNER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. SYES TRENDINFOTECH IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

 

 

17.         LIMITATION OF LIABILITY

 

17.1       UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST SYES TRENDINFOTECH BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING ANY PART OF THE PLATFORM OR THE SERVICES DURING THE EVENT GIVING RISE TO SUCH CLAIMS. SYES TRENDINFOTECH; ITS OFFICERS; STAFF AND AGENTS; AFFILIATE COMPANIES; AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:

 

17.1.1   LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, THE PLATFORM, APP; AND/OR THE SOFTWARE;

 

17.1.2   THE USE OR INABILITY TO USE THE SERVICES, THE PLATFORM, APP AND/OR THE SOFTWARE;

 

17.1.3   ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING; OR

 

17.1.4   AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY CONSUMER, PARTNER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE PLATFORM OR IS REFERRED TO BY THE SERVICES AND/OR THE PLATFORM, EVEN IF SYES TRENDINFOTECH AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

17.2       SYES TRENDINFOTECH DOES NOT WARRANT OR REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE SYES TRENDINFOTECH; ITS OFFICERS; STAFF AND AGENTS; AFFILIATE COMPANIES; AND/OR ITS LICENSORS FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS.

 

17.3       SYES TRENDINFOTECH WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. SYES TRENDINFOTECH CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE PARTNERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICES AND/OR THE PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE SYES TRENDINFOTECH; ITS OFFICERS; STAFF AND AGENTS; AFFILIATE COMPANIES; AND/OR ITS LICENSORS FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES AND/OR THE PLATFORM, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICES AND/OR THE PLATFORM.

 

17.4       THE QUALITY OF THE COMMERCIAL INFORMATION SCHEDULED THROUGH THE USE OF THE SERVICES AND/OR THE PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PARTNER WHO ULTIMATELY PROVIDES SUCH GOODS AND/OR SERVICES TO THE CONSUMER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO COMMERCIAL INFORMATION THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

 

 

18.         NOTICE

 

Syes Trendinfotech may give notice to you

 

(a)         through the Platform;

 

(b)         electronic mail to your email address in the records of Syes Trendinfotech; or

 

(c)          by written communication sent by registered mail or pre-paid post to your address in the records of Syes Trendinfotech.

 

Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Syes Trendinfotech (such notice shall be deemed given when received by Syes Trendinfotech) by letter sent by courier or registered mail to Syes Trendinfotech using the contact details as provided in the Platform.

 

We shall not be liable for any delays; loss; or damage to you or to any third party related to you in any way from any failure on your part to update any of your contact details on the Platform.

 

 

19.         ASSIGNMENT

 

Unless otherwise stated herein, these Terms of Service as modified from time to time may not be assigned by you without the prior written approval of Syes Trendinfotech but may be assigned without your consent by Syes Trendinfotech. Any purported assignment by you in violation of this section shall be void.

 

 

20.         DISPUTE RESOLUTION

 

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

 

20.2       Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Service (“Disputes“) or the Service shall be referred to the Singapore International Arbitration Centre (“SIAC”), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Syes Trendinfotech (the “Arbitrator”). If you and Syes Trendinfotech are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by you and Syes Trendinfotech, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

 

20.3       Notwithstanding the above, if you are a Partner, you may choose to submit a Dispute for mediation at the Singapore Mediation Centre and/or Small Claims Tribunal, subject to their respective rules and guidelines.

 

 

21.         RELATIONSHIP

 

Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise with Syes Trendinfotech.

 

 

22.         SEVERABILITY

 

If any provision of the Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

 

 

23.         NO WAIVER

 

The failure of Syes Trendinfotech to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision.

 

 

24.         ENTIRE AGREEMENT

 

              This Agreement comprises the entire agreement between you and Syes Trendinfotech in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions, save where mutually agreed otherwise. For the avoidance of doubt, where you have entered into a separate written agreement with Syes Trendinfotech which incorporates a reference to these Terms of Service, these Terms of Service shall be applicable in addition to the said written agreement. In the event there are inconsistencies between these Terms of Service and the separate written agreement, you agree to work with Syes Trendinfotech in good faith to resolve the conflicts or inconsistencies. Certain services made available on the Platform may be subject to additional terms and conditions, which will be communicated to you.

 

 

25.         SUSPENSION AND TERMINATION; MODIFICATION OF PLATFORM CONTENT

 

25.1       You agree that we may do any of the following, at any time, without notice:

 

(a)       modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform (including access to your account and/or the availability of any products or services), for any reason;

 

(b)      modify or change any applicable policies or terms; and

 

(c)       interrupt the operation of the Platform or any portion of the Platform (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

We shall not be required to compensate you for any modification, suspension or termination.

 

25.2      Without prejudice to any other provisions, we may vary, modify or remove Platform Content without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the event any Platform Content contains any typographical errors, inaccuracies, omissions or otherwise violates Syes Trendinfotech Policies, we reserve the right to (but shall not be obliged to, save to the extent where mandated by applicable laws) carry out any such measures as Syes Trendinfotech deems appropriate (collectively, “Rectification Measure”) including without limitation

 

(a)          correcting the said errors, inaccuracies or omissions,

 

(b)          changing or updating information; and/or

 

(c)          where applicable, canceling the affected orders at any time without prior notice (including without limitation after an order has been submitted).

 

 

26.         NO THIRD PARTY RIGHTS

 

26.1       Except for the parties who are indemnified pursuant to the indemnification provisions set out herein, this Agreement does not give rights to any third parties who are not party to this Agreement.

 

 

27.1       BUY & SELL

 

For Consumers:

 

27.1.1   The Platform allows you to place orders for goods and/or services made available on the Platform (“Goods“) by Partners who are merchants; or other merchants, which at your option when placing the order(s), may be delivered to you by Partners who are delivery-partners or may be made available for self pick-up (if such self pick-up option is available) from the respective merchants during the time period as specified in the Platform or otherwise communicated by Syes Trendinfotech. Syes Trendinfotech does not control any of these Partners or any Goods provided by them. You understand that any order that you place shall be subject to the product availability and location serviceability on the part of the Partners.

 

27.1.2   All Goods orders and delivery bookings placed on the Platform (“Goods Orders”) are treated as confirmed. You shall not be entitled to cancel a Goods Order after it is confirmed (including any address changes initiated via the App chat or call function with the Partner). If you cancel a Goods Order after it has been confirmed, you remain liable to pay the Customer Charges and/or applicable fees for the Goods Order in full regardless of whether it has been prepared or delivered by the relevant Partner. For the avoidance of doubt, where you have opted to self pick-up a Goods Order, you will be deemed to have cancelled the Goods Order by not collecting it within the time period specified in the Commercial Information published by the Partner on the Platform or otherwise communicated by Syes Trendinfotech. Neither Syes Trendinfotech nor the Partners shall be responsible to retain the Goods Order for your collection after the said period has lapsed.

 

27.1.3   Upon your placement of a Goods Order, the relevant Partner(s) may call you on the telephone or mobile number provided or otherwise contact you to confirm

 

(a)         the details of the order;

 

(b)         any change in the order (for instance, due to unavailability);

 

(c)          the price to be paid; and/or

 

(d)         any change thereof and/or the estimated delivery time.

 

For the avoidance of doubt, Syes Trendinfotech is not involved in and will not be responsible for any such separate arrangement between you and the Partner(s) where such arrangement is not confirmed and recorded on the Platform.

 

27.1.4   You remain liable to pay the order value in full where

 

(a)          cancellation is made by you after the Partner(s) has accepted the order; or

 

(b)          you are not present or do not show up at the designated delivery location or the designated self pick-up location; or

 

(c)          you are unreachable physically or uncontactable:

 

(i)           after 5 minutes from the time that the Partner arrives at the designated delivery location; or

 

(ii)          within the time period as may be communicated by Syes Trendinfotech or the Partner, for self pick-up collection.

 

27.1.5   The Partner(s) may not process your Goods Order in the event of any of the following:

 

(a)          you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable;

 

(b)         if the requested delivery location falls outside the delivery zone offered;

 

(c)          there is a lack of information, direction or authorization from you at the time of delivery; or

 

(d)         unavailability of items ordered.

27.1.6   The prices of Goods reflected in the Platform are determined solely by the Partner and are listed for information only.

 

27.1.7   Prices of Goods as reflected in the Platform may, for reasons such as technical issue, typographical error or outdated product information supplied by the Partner, be incorrectly reflected and in such an event the Partner may cancel your order(s). Syes Trendinfotech shall in no event be liable for any (direct or indirect) loss arising therefrom.

 

27.1.8   The Partner alone shall be solely responsible for the accuracy of any Commercial Information; and for honouring any warranty or representation made in relation to the quality of, or the suitability for purpose of the Goods sold to you.

 

27.1.9   You are responsible for ensuring that the details entered by you in respect of the Goods Order on the Platform are accurate and complete. Syes Trendinfotech shall not be liable

 

(a)          in the event of late delivery or non-delivery of Goods that you order by reason of erroneous delivery details entered by you on the Platform; or

 

(b)         in the event of late or non-collection of the Goods you ordered for self pick-up by reason of erroneous collection details entered by you on the Platform. You acknowledge that in the ordinary course of delivering the Goods, the Partners may disclose your details to the recipient. None of the Services are provided as an anonymous service. Therefore, you are solely responsible for determining your choice of the recipient and Syes Trendinfotech shall not be liable or responsible for any (direct or indirect) losses suffered by or caused to you or arising out of or in connection with or by reason of your expectation of anonymity through the use of the Services or any part of the Platform.

 

27.1.10               If you or the intended recipient of the Goods are not at the designated delivery location, the Partner may leave your order unattended on or in front of the premises of the designated delivery location and the Goods shall be deemed to have been delivered. After the delivery of the Goods or collection of the Goods that you ordered for self pick-up, you shall solely be liable for all loss, damage, contamination, soiling or degradation of the Goods (including but not limited to containers and packaging) whether caused directly or indirectly by you or any person acting on your behalf or otherwise.

 

27.1.11 Persons placing an order for alcohol from any Partner must be at least eighteen (18) years old. Alcoholic beverages can only be sold and delivered to persons who are at least eighteen (18) years old. By placing an order that includes alcohol, you confirm that you are at least eighteen (18) years old. The Partner will have the right to

 

(a)          request to be shown your identity document for age verification purposes; and

 

(b)         refuse to deliver or provide any alcoholic product to any person who at the time of delivery or self pick-up

 

(i)           does not appear to be at least eighteen (18) years old; or

 

(ii)          cannot prove that he/she is at least eighteen (18) years old; or

 

(iii)         is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or self pick-up collection and in such an event you agree that Syes Trendinfotech and the Partner(s) shall not be liable to make any refund to you for payment already made by you.

 

 

For Partners:

 

27.1.12 As a merchant, in addition to provisions applicable to Partners in general and other terms or contracts which you have entered into with Syes Trendinfotech, you are subject to the additional terms below.

 

(A)         Creation and Monitoring of Self-funded Marketing Activities

 

You may be able to create a campaign, participate in a promotion or place an order for advertisement(s) on the Platform PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign, promotion and/or advertisement (“Marketing Activity(ies)”).

 

In creating or otherwise indicating consent to participate in a Marketing Activity, you may be required to indicate information such as the type of Marketing Activity, budget for the Marketing Activity and/or the proposed duration for the Marketing Activity. The types of Marketing Activities which you may choose from the Application may be varied from time to time at Syes Trendinfotech’s sole discretion, and where provided, suggested or offered, you agree and acknowledge that they are made available on an ‘as-is’ basis.

 

By creating or participating in any Marketing Activities, you accept the following additional general conditions:

 

(a)          Any information submitted through your account to us (whether via our Application or otherwise), including without limitation the submission of your consent to participate in a Marketing Activity and acceptance of the applicable terms, shall be deemed to have been submitted by you, regardless of whether they are submitted on your behalf by your employee or other individuals. You are solely responsible to ensure that only authorized individuals have access to your account.

 

(b)         Any information you input into the Platform where required or otherwise provided to us must be complete, truthful, accurate and not misleading.

 

(c)          Your intention to create or otherwise indicate consent to participate in a Marketing Activity must be genuine and must not be conducted in a manner which may be misleading to the Consumers. You shall indemnify us in the event where we incur any losses or damages arising from or in connection with the Marketing Activity.

 

(d)         Depending on the type of Marketing Activity elected by you, the way in which we may facilitate the Marketing Activity may differ. You agree that it is your responsibility to review any and all information made available by us to understand  how each type of Marketing Activity will be facilitated. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating or otherwise indicating consent to participate in a Marketing Activity. By creating or otherwise indicating consent to participate in a Marketing Activity, you irrevocably agree to the way in which the Marketing Activity will be facilitated.

 

(e)         You shall be responsible to directly handle any complaints or enquiries from Consumers in respect of the Marketing Activity.

 

(f)          In the event where you would like to end, pause or otherwise vary a Marketing Activity (for example, where the discounted item under the Marketing Activity has become out of stock prior to expiry of the said duration, where you would like to cancel the Marketing Activity or vary the budget indicated for the Marketing Activity), you must immediately indicate the same via the Platform or otherwise in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the Marketing Activity and remain responsible to handle any enquiries or complaints from Consumers in respect of or in connection with the Marketing Activity. 

 

(g)          Notwithstanding any provision otherwise and in any event, your creation or indication of consent to participate in a Marketing Activity does not indicate our approval that the Marketing Activity is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the Marketing Activity is, and will be conducted, in accordance with the applicable law.

 

(h)        While we do not supervise or monitor the Marketing Activity, we reserve the rights to (but are not obliged to) cancel, take down, suspend or otherwise vary the Marketing Activity as we deem fit, without being liable for any damage or loss whatsoever, including any refund of the fee or cost which you have paid for the purposes of the Marketing Activity.

 

(i)           We may make available to you information relating to the Marketing Activity, and such information is considered as part of the Platform Content and is subject to Clause 9.

 

(j)           You agree to pay to Syes Trendinfotech any and all costs and expenses in connection with the Marketing Activity. Notwithstanding any other provisions, you authorise Syes Trendinfotech and its affiliates to directly deduct any amount payable by you to Syes Trendinfotech or its affiliates, including without limitation the said costs and expenses in connection with the Marketing Activity (“Amount Payable”), from any amount receivable by you as a Partner (including without limitation your balance in the merchant wallet on the Platform) (“Amount Receivable”) prior to crediting the Amount Receivable to the bank account(s) which you have instructed Syes Trendinfotech or its affiliates to transfer the Amount Receivable to. We reserve the right to change the payment method or otherwise set off the Amount Payable against your Amount Receivable by providing reasonable notification to you, or to issue an invoice for the Amount Payable where we deem appropriate.

 

(k)          You must notify us immediately if your account has been used without your authorization to create or otherwise indicate consent to participate in a Marketing Activity or where any other breach of security has occurred. In such an event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred due to the Marketing Activity created or launched using your account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your account.

 

(l)           You agree that any amount payable to you by Consumers for each Goods Order placed pursuant to the Marketing Activity may be rounded in accordance with our internal policies which we may update from time to time.

 

 

(B)         Submission and Variation of Content

 

We do not claim ownership of any content or information that you upload on the Platform or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you

 

(a)          grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual licence to host, use, distribute, modify, run, copy, publicly perform; communicate or display, translate, and create derivative works of your content; and

 

(b)         undertake that you have the right to grant us such licence.

 

We may enable you to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu) or certain content submitted by Consumer(s) in order to facilitate the Service including without limitation detail(s) of an order placed by a Consumer.

 

You acknowledge that any such content or information may be made available in real time to end consumers via the Platform or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the Consumer(s) in respect of the said content or information without incurring liability on our part.

 

We may, but are not obliged to, review the content or information submitted or amended by you (via the Platform or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary.

 

For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights. In the event where you amend any content submitted by a Consumer(s) such as an order placed by a Consumer, you further agree that by amending such content,

 

(i)           you have obtained the prior consent or acceptance from the affected Consumer; and

 

(ii)          Syes Trendinfotech is not involved in and will not be responsible for the amendments made by you, though Syes Trendinfotech reserves the right to (but is not obliged to) carry out Rectification Measure(s) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.

 

 

 

 

27.3       Connect

 

27.3.1   As between you and Syes Trendinfotech, all content, software, images, text, graphics, illustrations, logos, patents, trade marks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services and the Platform, and all intellectual property rights related thereto (the “Syes Trendinfotech Content”), are either owned by or licensed to Syes Trendinfotech. You or your licensors will own any User Content (as defined below) you upload or transmit through the Platform. Use of the Syes Trendinfotech Content or materials for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.

 

27.3.2   You acknowledge and agree that we may generate revenue, increase goodwill or otherwise increase our value from your use of the Services and the Platform, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and virtual gifts, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you

 

(a)          have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you; and

 

(b)         are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service.

 

27.3.3   Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide licence to access and use the Services, including to download the Platform on a permitted device, and to access the Syes Trendinfotech Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Syes Trendinfotech reserves all rights not expressly granted herein in the Services and the Syes Trendinfotech Content. You acknowledge and agree that Syes Trendinfotech may terminate this licence at any time for any reason or no reason.

 

27.3.4   NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE PLATFORM.

 

27.3.5   You acknowledge and agree that when you view content provided by others on the Platform, you are doing so at your own risk. The content on our Service is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Service.

 

27.3.6   We make no representations, warranties or guarantees, whether express or implied, that any Syes Trendinfotech Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).

 

User Content

 

27.3.7   Users of the Service may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another User to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Service may also overlay music, graphics, stickers, Virtual Items and other elements provided by Syes Trendinfotech (“Syes Trendinfotech Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes Syes Trendinfotech Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values.

 

27.3.8   Whenever you access or use a feature that allows you to upload or transmit User Content through the Service (including via certain third party social media platforms such as Instagram, Facebook, YouTube, TikTok, Twitter), or to make contact with other users of the Services, you must comply with the Syes Trendinfotech Policies. You may also choose to upload or transmit your User Content, including User Content that includes Syes Trendinfotech Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the Syes Trendinfotech Policies. As noted above, these features may not be available to all users of the Services, and we have no liability to you for limiting your right to certain features of the Service.

 

27.3.9   You warrant that any such contribution does comply with the Syes Trendinfotech Policies, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

27.3.10 Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.

 

27.3.11 If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Service unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Service.

 

27.3.12 You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Service, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.

 

27.3.13 You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.

 

27.3.14 For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., COMPASS, RIPS, ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO, any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.

 

27.3.15 Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.

 

27.3.16 Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.

 

27.3.17 Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.

 

27.3.18 We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.

 

27.3.19 We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out in the Syes Trendinfotech Policies. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content

 

(a)          that we consider to violate these Terms; or

 

(b)         in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.

 

27.3.20 We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

 

27.3.21 If you wish to complain about information and materials uploaded by other users please contact us at [email address].

 

27.3.22 Syes Trendinfotech takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of.  It is Syes Trendinfotech’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of Users of the Service who repeatedly infringe copyrights or intellectual property rights of others.

 

27.3.23 While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the User community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:

 

(a)             Syes Trendinfotech has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;

 

(b)             Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and

 

(c)              You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

 

27.3.24 You agree to defend, indemnify, and hold harmless Syes Trendinfotech, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, legal fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

 

27.4       Job Post

 

27.4.1   In order to list available jobs via the Portal, the User shall first be required to register as a Partner by completing the online registration form on the Website.

 

27.4.2   The Partner shall at all times use the Property Service and the Portal in accordance with these terms and shall ensure that its use of the Service and/or the Portal, including the submission of any information, data, images, videos, audio, files, links to external websites, communication between the Partner and with potential employees, and all other material of any format (the “Submissions"):

 

(a)         comply with all applicable laws and legislations;

 

(b)         do not infringe any intellectual property rights or other proprietary rights of any third party;

 

(c)          cannot reasonably be deemed to be offensive, illegal, inappropriate or in any way:

 

(i)           promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

 

(ii)          harass or advocate harassment of another person;

 

(iii)         display pornographic or sexually explicit material;

 

(iv)         promote any conduct that is abusive, threatening, obscene, defamatory or libellous;

 

(v)          promote any illegal activities;

 

(vi)         promote or contain information that the Partner knows or believes to be inaccurate, false or misleading;

 

(vii)        engage in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent;

 

(viii)       exploit people in a sexual or violent manner;

 

(ix)         invade or violate any third party’s right to privacy; and

 

(x)          transmit "junk mail", or "chain letters", or unsolicited mass mailing, messaging or “spamming";

 

and the Partner hereby indemnifies Syes Trendinfotech for all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by Syes trendinfotech which arise directly or indirectly from a breach by the Partner of this Clause.

 

27.4.3   Unless otherwise explicitly stated by Syes Trendinfotech, Syes Trendinfotech does not vet, verify the accuracy, correctness and completeness, edit or modify any Submissions or any other information, data and materials created, used and/or published by the Partner on the Portal to determine whether they may result in any liability to any third party. The Partner hereby warrants that the Partner has the right to use all such information and material.  In communicating the Submissions, Syes Trendinfotech does not purport to be, and in no way represents itself; or any of its officers; staff; or agents as having the required licences to carry out work as an employment agency. Syes Trendinfotech merely provides a portal through which employers and employment agencies may promote and market their available job vacancies.   

 

27.4.4   Notwithstanding Clause 27.4.3, Syes Trendinfotech reserves the right to refuse to publish any Submissions, or to at any time remove or edit a Submission (in whole or in part), if Syes Trendinfotech has reason to believe that the Customer’s use of the Services and/or the Portal breaches these Terms.

 

27.4.5   The Partner shall ensure that any Submission it publishes through the Portal contains sufficient information to allow a potential employee to make an informed decision as to applying for the job in question.

 

27.4.6   The Partner warrants and represents that the Submissions made; and all Commercial Information provided shall be correct, complete, accurate and up to date. In the event the information in the listing or the Commercial Information is incorrect, incomplete, inaccurate or out of date, then the Partner must immediately take all necessary steps to rectify such information.

 

27.4.7   Each User acknowledges that

 

(a)         Syes Trendinfotech does not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of any Partner or Customer.  However, Users are reminded to comply with the law in their use of the Portal and the Partner shall at all times keep all information including without limitation, the buyers/tenants’ profiles; communications and correspondence between the Customer with the Partner, with Syes Trendinfotech and potential employees; and all information relating to the employment or recruitment process secure and confidential;

 

(b)         Syes Trendinfotech shall not at any time become liable for any reason for any loss or damages suffered by any User arising from their use of this Service on the Platform.  It is the User’s responsibility to ensure it enters into any necessary contractual arrangements at its own risk. The terms of any contractual arrangements shall be negotiated and agreed between the Customer and the Partner directly. In the event there is a dispute between the Customer and the Partner whether it relates to the contractual arrangements between the parties or otherwise (a "Dispute"), each User agrees Syes Trendinfotech is not liable for any loss or damage suffered by the User resulting from any such Dispute and the Customer hereby releases and holds harmless Syes Trendinfotech from any such loss or damage or any liability in relation to any Dispute.

 

27.4.8  Each User hereby indemnifies Syes Trendinfotech against all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by Syes Trendinfotech which arise directly or indirectly from any Dispute, or any breach by the User of any part of these Terms.

 

28.         RefundPolicy

Returns and Refunds: We want you to be completely satisfied with your purchase. If you are not satisfied with your item(s), you may be eligible for a return and refund subject to the conditions outlined below.

Eligibility: To be eligible for a refund, the item(s) must be unused, in their original condition, and returned within the specified time period. The eligibility criteria may vary depending on the type of product. Some items, such as perishable goods or personalized items, may not be eligible for a refund.

Timeframe: The timeframe for returns and refunds will be clearly stated on the product page or in the purchase confirmation email. Typically, you will have [X] days from the date of delivery to initiate a return.

Return Process: To request a return and refund, please follow the instructions provided with your purchase. This may involve contacting our customer support team, filling out a return form, or initiating the return through your user account on our website or mobile app.

Return Shipping: In most cases, the customer is responsible for the return shipping costs unless the return is due to a mistake on our part or a defective/damaged item. We recommend using a trackable shipping method to ensure the safe return of the item.

Inspection and Refund: Once we receive the returned item(s), our team will inspect them to ensure they meet the eligibility criteria. If approved, we will process the refund using the original payment method, minus any applicable fees or shipping charges. Please note that it may take several business days for the refund to be reflected in your account.

Non-Refundable Items: Certain items may be non-refundable, including but not limited to digital downloads, gift cards, or items marked as final sale or clearance. Please check the product description or contact our customer support for more information.

Damaged or Defective Items: If you receive a damaged or defective item, please contact our customer support immediately. We may require photo evidence or additional information to process a refund or provide a replacement.

Exchanges: We typically do not offer direct exchanges. If you wish to exchange an item, you will need to return the original item for a refund and place a new order for the desired item.

Policy Changes: We reserve the right to update or modify our refund policy at any time. Any changes will be effective immediately upon posting the revised policy on our website or notifying customers through other means.

If you have any further questions or concerns regarding our refund policy, please contact our customer support for assistance.