These Terms of Service (“Terms”) describe the terms on which LIV3LY PTE. LTD. (“Company”, “we”, “us” or “our”) offers you access to and use of our Mobile App and Services.
1. ACCEPTANCE OF TERMS AND AMENDMENTS
1.1. Your use of our Services is subject to these Terms. These Terms apply to all Users of our Services, including companies, Event Organisers or their representatives (“Business Users”). These Terms also apply in conjunction with any other contracts of policies that apply in relation to the use of our Mobile App or Services.
1.2. The Company may engage external service providers who have into service agreements with us to assist us in (a) operating our Mobile App; (b) providing our Services to you; or (c) conducting our business generally (“Third Party Service Providers”).
1.3. By accessing our Mobile App, registering as a Registered User, or using our Services, you are deemed to have accepted and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein, and the terms and conditions of our Third Party Service Providers.
1.4. We may make changes to these Terms from time to time. If we do so, the revised version of these Terms will be published on the Mobile App with the Effective Date updated accordingly. It is your responsibility to ensure that you are aware of the current Terms. Your continued use of our Services after any changes to these Terms shall constitute your acceptance of such changes.
1.5. If you do not accept these Terms, you should not access our Mobile App, register as a Registered User, or use our Services.
2. CAPACITY TO CONTRACT
2.1. By using our Mobile App or Services as an individual Consumer User, you represent and warrant that you have attained at least the age of 13 years, and if you have attained the age of 18 years, that you are fully capable and competent to accept, abide by and comply with these Terms, or if you are between the age of 13 and 18 years, that you have the consent of a legal parent or guardian to assume fully your obligations under these Terms.
2.2. By using our Mobile App or Services as a Business User, you represent and warrant that you are authorized to enter into this agreement and bind the Business User to these Terms.
3. AVAILABILITY OF MOBILE APP AND SERVICES
3.1. We aim to ensure that our Mobile App and Services are available to Users a minimum of 99.00% of the calendar year. Notwithstanding this aim, we do not guarantee, represent or warrant that:
- The Services will meet your requirements.
- Your use of our Mobile App or Services will be uninterrupted, timely, secure or error-free.
- The results that may be obtained from the use of the Services will be accurate, correct or reliable.
- The accuracy, ability to perform or complete a transaction on the Mobile App or Services, quality, reliability, safety, security, truth or legality of any content, goods, services, information or other material of any Event, any Event Organiser, any Registered User, the Mobile App or any Service (or any part thereof) or which has been purchased or obtained by you through the Mobile App or Services, will meet your expectations; and
- The Mobile App and Services are and will be free of all viruses or other harmful components.
3.2. You acknowledge and agree that, from time to time, we may have to temporarily block or limit the availability of our Mobile App or Services to conduct scheduled maintenance or to upgrade existing or introduce new functions or facilities. This will typically be conducted during weekends or during periods of low usage of our Mobile App or Services. We shall use commercially reasonable efforts to minimize the impact of such scheduled periods to you and to inform you of these scheduled periods.
3.3. As a User, you acknowledge and agree that, from time to time and without notice to you, we may.
- Add, remove, or modify some of all of our Mobile Apps or Services;
- Temporarily block or limit the availability of our Mobile App or Services for indefinite periods of time; or
- Take any measure necessary to protect the integrity and security of our Mobile App, Services and related computer systems, servers and networks
4. USE OF MOBILE APP AND SERVICES
4.1. You shall not use our Mobile App or Services for any illegal or unauthorized purpose or in any manner that violates the laws of Singapore, your Jurisdiction, and the country from which you are using our Mobile App or Services, or in any manner that is contrary to or in breach of these Terms.
4.2. You may not create or use any account with us for any person or entity other than yourself, except if you are authorised to do for and on behalf of such person or entity.
4.3. Without prejudice to the generality of Clause 4.1, you shall:
- Comply with our Content Standards as set out in Clause 5;
- Use our Mobile Apps or Services, including all engagement tools such as engagement walls, message boards, forums and chats in a professional manner; and
- Be solely responsible for your engagements and interactions with other Users of our Mobile App or Services.
4.4. Without prejudice to the generality of Clause 4.1, you shall not, and shall not permit, assist or enable others, directly or indirectly:
- Use our Mobile App or Services for fraudulent purposes;
- Provide us with false information or create a User Account with false information or use or attempt to use another’s individual’s information as your own;
- Share any of the information, content, conversations or Submissions that are provided by any User within our Mobile App or Services externally to the public, unless expressly authorized by us;
- use our Mobile App or Services for any commercial or business purposes unless otherwise agreed between you and the Company;
- Transmit, or procure the transmission of, any unsolicited or unauthorized advertising or promotional material or any other similar form of solicitation through or on our Mobile App or Services, unless expressly authorized by us;
- Transmit or upload any data or material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware, or any other harmful programs or similar computer code of a destructive or malicious nature designed to adversely affect the operation of our Mobile App or Services or any computer software or hardware;/
- Duplicate, transfer, reverse engineer, alter or modify any party of our Mobile App or Services;
- Hack into any part of our Mobile App or Services through password mining, phishing, or any other means;
- Disrupt the availability of our Mobile App or Services, including through a denial-of-service attack or a distributed denial-of-service attack;
- Collect, harvest or mine any personally identifiable information relating to any of our Users;
- Defame, abuse, harass, stalk, threaten, breach the confidence of, or otherwise violate the legal rights of other Users; and
- Send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards as set out in Clause 5 below.
4.5. You agree to immediately notify us of any unauthorised use or access of your account or other breach of security with respect to your account at: email@example.com.
4.7. We shall be entitled to collect all payments made by Registered Users relating to an Event for and on behalf of the Event Organiser and to deduct from such payments, without prejudice to: (a) our other rights and remedies; (b) any outstanding balance owed to us owed by the Event Organiser, whether for that particular Event or for any other Event registered with us; and/or (c) any applicable fees and charges including the payment gateway’s transaction fees. We shall release such payments less any such deductions to the Event Organiser in such manner and at such time(s) as determined by us in our sole discretion or as otherwise mutually agreed in writing between us and the Event Organiser.
4.8. Any refunds for purchases made by a Registered User through the Mobile App relating to an Event shall be subject to the refund policy of the Event Organiser. It shall be the sole responsibility of the Event Organiser to communicate its refund policy to the Registered User and to issue any refunds. If a Registered User desires to request a refund, the Registered User shall request the refund directly from the Event Organiser. All communications or disputes regarding refunds shall be between the Event Organiser and the Registered User and we will not be responsible or liable in any way for any refunds, errors in issuing refunds or lack of refunds in connection with any Event. For the avoidance of doubt, we do not act as an agent for and on behalf of any Event Organiser in respect of the sale of tickets, merchandise and other goods and/or services relating to an Event.
4.9. We reserve the right to terminate any User’s account for suspicion of any breach of the provisions contained in this Clause 4, without giving notice. Information and/or data from the said terminated User’s account shall be dealt with pursuant to the PDPA.
5. SUBMISSIONS AND CONTENT STANDARDS
5.1. You agree that any and all content and material which you contribute through or on our Mobile App or Services (your “Submissions”) shall, in part or in whole, adhere strictly to the standards set out in Clauses 5.2 and 5.3 (our “Content Standards”).
5.2. Your Submissions must:
- To the extent that they contain facts, be true, accurate, current and complete in relation to those facts;
- To the extent that they contain opinions and beliefs, be genuinely held in relation to those opinions and beliefs; and
- Comply with the applicable laws of any country from which they are contributed.
5.3. Your Submissions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote or attempt to promote, on grounds of religion or race, disharmony or feelings of enmity, hatred or ill-will between different religious or racial groups;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any intellectual property rights, including copyright, patent rights, design rights, trade marks, or database right;
- contain any threatening, abusive or insulting communication;
- contain any material which causes or may be likely to cause harassment, alarm or distress to any person;
- provoke or promote the use of violence;
- advertise or distribute any obscene film or party political film;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person; and
- give other Users the impression that such Submissions were made by us, if this is not the case.
5.4. You shall be solely responsible for your own Submissions. You represent and warrant that you have the necessary rights, licences and permission to make such Submissions.
5.5. Subject to Clause 11, we will not control, verify, approve, endorse, censor or edit your Submissions. We make no guarantee as to the accuracy, validity or legality of any Submission by Users. Users are responsible for checking the veracity of their Submissions and the Submissions of other Users.
5.6. Users’ Submissions do not represent the views of the Company.
5.7. If you wish to provide us with feedback on any Submission on our Mobile App or Services, please email us at: firstname.lastname@example.org.
6. PRIVACY AND PERSONAL DATA
7. INTELLECTUAL PROPERTY RIGHTS
7.1. All contents of our Mobile App or Services, including but not limited to information, text, graphics, images, layout, designs, pictures, logos, marks, code, scripts, UI/UX features or other proprietary materials are the intellectual property of the Company or its licensors and are protected by copyright, trademark, patent, design and other intellectual property rights, as the case may be.
7.2. As a User, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and transferable licence to use, copy, reproduce, process, adapt, modify, publish, transmit, display, publish, translate, create derivative works based on, distribute or otherwise exploit all or any part of your Submissions in any media or distribution methods for any purpose.
7.3. As a Business User, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and transferable licence to use, reproduce, distribute or display your business’ name(s) and logo(s) on our external marketing content for our Mobile App or Services.
8. THIRD PARTY WEBSITES
8.1. Our Mobile App or Services may include links to third party websites, plug-ins and applications (“Third Party Websites”). We do not own, control, or endorse any content, advertising, products, services, information or other materials on such Third Party Websites and shall not be responsible or liable for any damages, claims or liability arising from or related to your use of or reliance on any content, advertising, products, services, information or other materials available on or through such Third Party Websites.
9. LIMITATION OF LIABILITY
9.1. Our Mobile App and Services are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, and non-infringement
9.2. You agree that your use of, or inability to use, our Mobile App or Services is at your own discretion and risk. You shall be solely responsible for safeguarding and maintaining the confidentiality and security account (including your password) and for all activities that occur through your account. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, our Mobile App or Services.
9.3. You are solely responsible for your Submissions to our Mobile App or Services. To the fullest extent permitted by applicable law, the Company, its officers, directors, employees, agents, Third Party Service Providers, representatives, shareholders, advisers, predecessors, successors and assignees shall not be liable to you or any third party for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation, for any lost profits, sales, revenue or business, business interruption, loss of anticipated savings, loss of data, loss of goodwill or reputation, or any similar damages, whether based in contract, tort (including negligence), defamation, or otherwise, arising from your breach of these Terms, and/or Submissions you make through your use of our Mobile App or Services.
9.4. Without prejudice to the foregoing, if we are found to be liable to you for any loss or damage arising out of or in connection with your use or access of the Mobile App and Services or any other matter relating to the Mobile App and Services, our total liability to you shall not exceed the amount paid by you, if any, for using or accessing our Mobile App and Services.
9.5. Your sole and exclusive right and remedy against us in the case of dissatisfaction with the Mobile App and Services or any other grievance shall be your termination and discontinuation of your use or access of the Mobile App and Services.
9.6. You understand and agree that your use or access of the Mobile App or Services is predicated upon your waiver of any right to sue us directly or to participate in any representative action, class action suit, or class-wide arbitration for any loss or damage resulting from your use or access of the Mobile App or the Services.
9.7. We are not responsible and shall have no liability for the content, goods, services, actions or inactions of any Event Organiser, Registered User, or third party before, during and/or after an Event. We will have no liability with respect to any warranty disclaimed in Clause 3.1 to the extent allowed for by the applicable law.
10.1. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, agents, Third Party Service Providers, representatives, shareholders, advisers, predecessors, successors and assignees from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from your breach of these Terms, and/or the Submissions you make through your use of our Mobile App or Services.
10.2. This indemnification shall not prejudice any other rights or remedies available at law to the Company.
In the event that you breach these Terms, we shall have the right, at our sole discretion, to immediately remove your account with us or ban or terminate your access to and use of our Mobile App or Services at any time and without prior notice, and we reserve the right to take any action as we consider appropriate or necessary under the law, including without limitation removing any material or Submission which we deem to be in breach of our Content Standards, or taking legal action against you.
12.1. We may at any time and without the need for further consent from you assign or transfer any or all of our rights or obligations under these Terms to any person.
12.2. You may not assign or transfer any of your rights or obligations under these Terms without obtaining our prior written consent.
13. ENTIRE AGREEMENT
If at any time any provision hereof shall become or be declared illegal or invalid or unenforceable for any reason whatsoever, that provision shall be severable from these Terms without affecting or impairing the legality, validity or enforceability of any of the remaining provisions, and these Terms shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein.
15. RIGHTS OF THIRD PARTIES
No third party shall be entitled to enforce any provision of these Terms which may confer a benefit on that third party, whether any such entitlement would, but for this provision, arise under the Contracts (Rights of Third Parties) Act (Cap 53B) or otherwise.
16. GOVERNING LAW AND JURISDICTION
16.1. These Terms will be governed by and construed in accordance with the laws of the Republic of Singapore.
16.2. You irrevocably agree and submit to the exclusive jurisdiction of the courts of the Republic of Singapore to settle any dispute or claim that arises out of, or in connection with, these Terms.
In these Terms, the following words and expressions have the following meanings, unless they are inconsistent with the context:“Business User” means any company or business that is a registered client of the Company;
“Company”, “we”, “us” or “our” means Liv3ly Pte. Ltd.;
“Consumer User” means Users who are individuals.“Content Standards” has the meaning ascribed to it in Clause 5;
“Event” means any activity which is registered through our Mobile App or Services;“Event Organiser” means any entity which organises any Event;
“Jurisdiction” means the country that is the domicile of the User or the place where the User ordinarily resides in;
“Mobile App” means the Liv3ly mobile application;
“PDPA” means the Personal Data Protection Act 2012 of Singapore;
“personal data” means data, whether true or not, about a User who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.
“Registered Users” means, collectively, Business Users and any other Users;
“Services” means the services, information and resources provided by the Company to Registered Users through our Mobile App;
“Submissions” means any and all content and material which Users contribute through or on our Mobile App or Services;
“Terms” means these Terms of Service, as amended by us from time to time;
“Third Party Service Providers” means external service providers who have entered into service agreements with us to assist us in (a) operating our Mobile App; (b) providing our Services to you; or (c) conducting our business generally;
“Third Party Websites” means websites which are not owned or controlled by the Company;
“Third Party Websites” means websites which are not owned or controlled by the Company;