Terms & Conditions
Last updated: 3 May 2021
Please read these Terms & Conditions (“Terms,” “Terms & Conditions”) carefully before using the Shopmentary Application (the “Application”) operated by Hostyu Pte Ltd (the “Company”) a Limited Liability Company formed in Singapore (“us,” “we,” “our”) as this Terms & Conditions contains important information regarding limitations of our liability. Your access to and use of this Application is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Application.
By accessing or using the Application, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Application.
To effectuate a purchase, you will be asked to supply your credit card number, expiration date, CCV, and billing address.
All payments shall be processed immediately through a third party service. We are not responsible for the retention or safety of your billing information that is collected by the third party service.
You hereby represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, error(s) in your order, or for any other reason.
We have the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. If fraud or an unauthorized or illegal transaction is suspected, we have the right to contact law enforcement to report the above actions and to provide your information.
We do not offer refunds on any purchases made on this Application.
This Application features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service.
We offer a free trial to our customers for 30 Days. After the free trial has expired, you will be charged for the subscription service.
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Application.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Application or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You can terminate your account by doing the following: by emailing us and by visiting the website.
You agree that you will use this Application in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Application. You agree that you will not perform any of the following prohibited uses:
- Impersonating or attempting to impersonate Shopmentary or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Application, or which, as determined in our sole discretion, may harm us or the users of this Application or expose us or other users to liability;
- Using the Application in any manner that could disable, overburden, damage or impair the Application or interfere with another party’s use of the Application;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Application for any purpose, including monitoring or copying any of the material on this Application;
- Using any manual process or means to monitor or copy any of the material on this Application or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Application, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Application, the server(s) on which the Application is stored, or any server, computer or database connected to the Application;
- Attempting to attack or attacking the Application via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Application;
- Using the Application in any way that violates any applicable laws, rules or regulations.
NO WARRANTY ON APPLICATION
THIS APPLICATION IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS APPLICATION, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Availability, Errors and Inaccuracies
We assume no liability for availability, errors, or inaccuracies in the information provided on this Application. We may experience delays in updating information on the Application and in our advertising on other websites. The information, products, and services found on the Application may contain errors or inaccuracies or may not be complete or current. Services may be incorrectly priced, described inaccurately, or unavailable on the Application, and we cannot guarantee the accuracy or completeness of any information found on the Application. We expressly reserve the right to correct any pricing errors on our Application.
We make no representations about the suitability of the information, products, and services contained on this Application for any purpose, and the inclusion or offering of any products or services on this Application does not constitute any endorsement or recommendation of such products or services by us. We disclaim all warranties and conditions that this Application, its servers, or any email sent from us are free of viruses or other harmful components.
Links to Third-Party Sites
This Application may contain hyperlinks to websites operated by parties other than us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Application or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
All contents of this Application are ©2021 the Company. All rights reserved. Application, and all content and other materials on this Application, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, ” Content “) are the proprietary property of the Company and are either registered trademarks or trademarks of Shopmentary in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us.
If you are aware of an infringement of our intellectual property, please let us know by contacting us at firstname.lastname@example.org.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Application infringes on the copyright or other intellectual property rights of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Application on your copyright.
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. To report that your intellectual property rights have been infringed upon, please email us at firstname.lastname@example.org and include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Governing Law, Severability, Dispute Resolution, and Venue
These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Application, and supersede and replace any prior agreements we might have had between us regarding the Application.
In the event there is a dispute arising out of or in connection with the use of the Application and this Terms & Conditions (including any question regarding its existence, validity or termination) , the parties shall first notify each other of the dispute in writing by way of email (to the email addresses used by the parties in connection with the Application). Once a dispute has been notified, the parties shall engage in good faith negotiations for a period of 60 days, in order to amicably resolve the dispute.
In the event the dispute cannot be resolved, after the 60 day negotiation period the dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be Singapore.
The Tribunal shall consist of one (1) arbitrator.
The language of the arbitration shall be English.
We reserve the right to amend this policy at any time without any prior notice to you.
If you have any questions about our Terms and Conditions, please contact us at email@example.com.