TREZO TERMS & CONDITIONS
- You hereby represent and warrant that:
||using Trezo and contracting in your own personal capacity;
||using Trezo and contracting on behalf of a corporate entity; or
- all of the information provided by you to SPH (including without limitation personal particulars and contact information) is accurate and complete.
- SPH reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or App (both defined below) at any time. SPH may also impose limits on certain features or restrict your access to parts or the entire Services or App without notice or liability.
- In this Agreement, the following definitions shall apply unless the context does not permit such application:
"Account" means your registered account with Trezo.
"App" means the Trezo mobile application.
"Content" means materials, information, advertisements, listings, data, text, audio, video, pictures, graphics, messages and other content.
"Device" means your mobile phone or other electronic device used to access the App.
"Member" means a registered user of Trezo.
"Member Conditions" means the terms and conditions applicable to Members accessible here. All references to "Site" in the Member Conditions shall be understood to refer to the App.
"Personal Data" means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access.
"Servers" means the computer software, systems and servers hosting, operating, managing, providing or contributing to the App and the Services.
"Services" is defined in Clause 3.2.
"SPH Content" means all Content of SPH that is made available on Trezo.
"User Content" means all Content on Trezo which is posted or uploaded by a Trezo user.
- The words "include" and "including" shall not be construed as having any limiting effect.
- The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.
- Apps and Services
- The App is owned and maintained by SPH.
- SPH offers through the App a mobile marketplace for goods (new and pre-owned) and services in which users may list their items for sale and other users may browse such items, and an in-App messaging facility via which potential buyers may contact potential sellers (each a "Service" and collectively the "Services").
- Registering for an Account and using the Services are free, but SPH reserves the right to charge for the same.
- From time to time SPH will run competitions, promotions and surveys on Trezo. These are subject to additional terms and conditions that will be made available at the time they are run.
- Content Use Conditions
- You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
- any Service;
- the App;
- any User Content posted or uploaded by another Trezo user except, to the extent permitted, with the prior written consent of SPH and the owner or licensee of the said User Content.
- Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services or any Content on Trezo on another mobile application, website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of SPH.
- Intellectual Property
- The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the App, and all SPH Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with SPH.
- The trademarks, logos and service marks ("Marks") displayed on the App are the property of SPH or other third parties, and all rights to the Marks are expressly reserved by SPH or relevant third parties. You are not permitted to use any Marks without the prior written consent of SPH or such third party. SPH and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of SPH or any other Marks may not be used by you in any way, including in any advertising or publicity, without the prior written permission of SPH.
- Use of Trezo
- You hereby undertake:
- not to use Trezo for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
- not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the App, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;
- not to use the Account of another Member at any time, whether with or without his/her permission;
- not to advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through Trezo;
- not to advertise, offer to sell or sell any goods or services which you do not have the legal authority to sell; and
- not to post or upload any Content that is inaccurate, misleading, pornographic, obscene, false, libelous, defamatory, infringes the intellectual property rights or other rights of any third party, or is otherwise illegal, or constitutes unsolicited or unauthorized advertising or promotional materials, spam, chain letters, or any other form of solicitation.not to advertise, offer to sell or sell any goods or services which you do not have the legal authority to sell; and
- Disclaimers & Limitations
- We provide the App on an 'as is', 'as available' basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, SPH disclaims all warranties, express or implied, including, but not limited to, the warranty of non-infringement. Without limiting the generality of the foregoing, SPH does not warrant that the functions contained in or access to Trezo will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the App and Services are free of viruses or other harmful components, or that the download or use of the App in or with any Device will not affect the functionality or performance of the Device. SPH does not warrant or make any representations regarding the use or the results of the use of Trezo in terms of its correctness, accuracy, completeness, reliability, or otherwise. You (and not SPH) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Device. You agree not to hold SPH liable for the loss of any of your User Content that is due to any circumstances beyond the control of SPH.
- You acknowledge that it is not SPH’s policy to screen or edit any item or User Content, and that SPH does not endorse and shall not be responsible for any such content, but that SPH shall have the right (but not the obligation) to remove any item or User Content that violates these Terms and Conditions or is deemed by SPH, in its sole discretion, to be objectionable, and SPH shall not be responsible for any loss, damage or liability incurred arising from such removal.
- You acknowledge and agree that SPH:
- has no control over user communications whether via the in-App messaging facility or otherwise;
- does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over the items listed for sale on Trezo, and SPH hereby expressly disclaims all liabilities and responsibilities arising in relation to any such items (including their quality, safety and legality); and
- is not involved in any transaction between buyer and seller, does not act as either buyer or seller in respect of such transactions and, as a result, does not guarantee or endorse the truth or accuracy or any listings, the ability of sellers to sell items or that of buyers to buy items, or that all transactions will be completed.
- You agree that all statements, offers, information, opinions, materials, and User Content from other Trezo users should be used, accepted and relied upon only with care and discretion and at your own risk, and SPH shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
- You agree that:
and in any such event, SPH shall not be liable for any loss, liability or damage which may be incurred as a result.
- SPH shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the App or Services without assigning any reason; and
- access to or the operation of the App, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,
- In no event shall SPH be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, Trezo or any Devices. In the event that SPH is liable for damages despite the foregoing provision, you agree that SPH’s aggregate liability to you for any and all causes of action in relation to the SPH Content, Services, App, and the Agreement, shall not exceed the greater of (a) the total amount of fees and charges paid by you for the Services to SPH for the one (1) month period immediately preceding the time such liability arose (if any), or (b) SGD 100.
- Under no circumstances, including, but not limited to, negligence, shall SPH be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, Trezo, even if SPH or a SPH authorised representative has been advised of, or should have foreseen, the possibility of such damages.
- To the maximum extent permitted by applicable law, SPH disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.
- You agree that the above exclusions and limitations of liability enable the Services and the SPH Content to be provided by SPH at either reasonable costs or no costs to you.
- Data Use & Privacy
- You agree that SPH has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of Trezo, without assigning any reason.
- Notification of Infringement
- SPH reserves the right to investigate notices of copyright, trademark and other intellectual property infringement ("Infringement") in respect of SPH Content, User Content and other material on the App ("Infringing Material") and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the App, please notify SPH in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) ("Infringement Notice").
- All Infringement Notices shall be sent to SPH addressed as follows:
The Company Secretary
1000 Toa Payoh North, News Centre, Singapore 318994
+65 6319 6319
+65 6319 8388
- SPH will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against SPH in respect of any Infringing Material, unless you have first given SPH the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter SPH refuses or fails to remove the Infringing Material within a reasonable time. Where SPH removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against SPH under applicable law which you may have in respect of any Infringing Material appearing on the App prior to such removal by SPH.
- Jurisdictional Issues
- The App is owned and operated by SPH in Singapore. SPH makes no representation that the Contents of the App are appropriate or available for use in your location. Those who choose to access the App from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- You agree to indemnify and hold SPH, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
- any use of the App or any Service;
- your download and/or use the App;
- your violation of any rights of another person or entity; or
- your breach of any statutory requirement, duty or law.
- Relationship of Parties
- No waiver of any rights or remedies by SPH shall be effective unless made in writing and signed by an authorised representative of SPH.
- Rights of Third Parties
- Except as provided for in Clause 12, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
- Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Trezo, or the participating merchant, reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
- Force Majeure
- No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
- For purposes of this Agreement, a "Force Majeure Event" is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
- Governing Law & Jurisdiction
- You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.