PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM. BY CLICKING ON THE “I AGREE” BUTTON, YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU.
Welcome to ezid.sg (the “Platform”).These terms of use constitute the legal agreement (“Agreement”) between you and THE EZ THING PTE. LTD. (“us” or “we”) governing the use of the Platform, our services offered via the Platform, and any other software provided by us in connection with any of the foregoing (collectively, the “Services”).
The Platform provides referrals for interior design firms that customers may work with for interior design services.
We license use of the Platform to you on the basis of this Agreement. We do not sell the Platform to you at any time.
For the avoidance of doubt, this Agreement applies to all users of the Platform regardless of whether you are a customer or a contractor service provider (“Merchant”) and regardless of the type of account maintained by you on the Platform. Where terms apply to specific users only, these will be highlighted and/or set out in a separate policy.
By participating in the EZiD Tesla Giveaway, you agree to the terms laid out in the pdf file accessible through this link.
IMPORTANT NOTICE TO ALL USERS:
· THE TERMS OF THIS AGREEMENT INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY AND INDEMNITIES IN PARAGRAPHS 6 TO 8.
· YOUR LICENSE TO USE THE PLATFORM IS CONTINGENT UPON YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT GRANTED A LICENSE TO USE THE PLATFORM AND YOU MUST NOT USE THE PLATFORM.
· BREACH OF ANY OF THE TERMS OF THIS AGREEMENT WILL ENTITLE US TO TAKE ANY LEGAL ACTION AGAINST YOU AS WE MAY DEEM APPROPRIATE, WITHOUT REFERENCE TO YOU.
You should print a copy of this Agreement for future reference.
1.1 The provisions set out in this Agreement govern your access to and use of the Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time without prior notice. If you do not agree to such terms, you must not use the Platform.
1.2 Subject to you agreeing to abide by the terms of this Agreement, we hereby grant to you a personal, non-exclusive and non-transferable licence to use the Platform on the terms of this Agreement.
1.3 By registering an account with us (which involves providing us with certain mandatory and voluntary information as required for a successful registration) and using the Platform, you confirm that:
(a) you have read the terms set out in this Agreement and agree to be bound by and comply with them; and
(b) you are 18 years old or above. We shall not be obliged at any time to perform any services if you are under 18 years of age.
1.4 You are responsible for maintaining the confidentiality of your account, and you are responsible for all activities that occur under your account. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent, unauthorised or illegal use of your account.
1.5 We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to the Platform (including access to your account with us) at any time, remove or edit content (including content submitted by you)on the Platform or on any of our affiliated websites (including social media pages), or cancel any Services provided to you.
1.6 Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
1.7 We reserve the right to change, modify, suspend or discontinue any portion of the Services, Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted, be suspended or encounter technical difficulties.
1.8 These terms of use refer to the following additional terms, which also apply to your use of the Platform and which form part of this Agreement:
(a) Our Privacy Policy sets out our policy concerning the collection, use and disclosure of your personal data (“Data”) in compliance with the Personal Data Protection Act 2012 (No. 26 of 2012) (“PDPA”).By using our Platform, you consent to our collection, use and disclosure of your Data in the manner set out in our Privacy Policy and you warrant that all Data provided by you is accurate. Should you wish to update your Data and/or withdraw your consent to our collection, use and disclosure of your Data, or should you have any feedback or enquiries relating to your Data, please contact our Data Protection Officer at hello@ezid.sg
(b) Our Acceptable Use Policy sets out the permitted uses and prohibited uses of our Platform. When using our Platform, including uploading any content, you must comply with this Acceptable Use Policy.
Except as expressly set out in this Agreement or as permitted by any local law, you undertake:
(a) not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of the Platform or any of the contents therein for any commercial or other purposes;
(b) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of the Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, the Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
(c) not to provide or otherwise make available the Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
(d) to include our copyright notice on all entire and partial copies you make of the Platform on any medium;
(e) to comply with all applicable technology control or export laws and regulations; and
(f) not to disrupt, disable, or otherwise impair the proper working of the Services, the Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
3.1 You acknowledge that all intellectual property rights in the Platform anywhere in the world (including for the avoidance of doubt any floor plans, models, drawings or other designs created by us) belong to us or their relevant owner, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform other than the right to use them in accordance with the terms of thisAgreement.
3.2 You acknowledge that you have no right to have access to the Platform in source code form.
3.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded from the Platform in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4 Our status (and that of any identified contributors) as the authors of content on the Platform must always be acknowledged.
3.5 You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
3.6 If you print off, copy or download any content on our Platform in breach of this Agreement, your right to use thePlatform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.1 You irrevocably and unconditionally represent and warrant that any content uploaded by yourself to our Platform complies with our Acceptable Use Policy and the PDPA.
4.2 We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement, and marketing or promotional purposes, and any other purpose expressly set out in this Agreement or otherwise agreed between us. You license all rights (including intellectual property rights) in such content to us for such purposes. We will not otherwise distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
4.3 We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under Singapore law.
4.4 We will not be responsible, or liable to any third party, for the content or accuracy of any content or data uploaded by you or any other user of our Platform.
4.5 We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
We do not assist with dispute resolution between customers and third party interior design firms. In the event of any dispute, you are responsible for contacting or claiming directly against the relevant customer or third party interior design firms (as the case may be). We are not obliged at any time to adjudicate on any such dispute, claim or other matter.
6.1 While we make all efforts to maintain the accuracy of the information on the Platform, we provide the Services, Platform and all information, content, materials, products and other services included on or otherwise made available to you through the Services (the “Related Content”) on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. You expressly agree that your use of the Services and the Platform is at your sole risk.
6.2 To the full extent permissible by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, the Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components. We do not warrant that the Platform offers the best available prices or guarantee against pricing errors.
7.1 Save as expressly permitted by us in writing, you agree not to use the Services, the Platform and the Related Content for any commercial, business or re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement (including but not limited to the use of, or inability to use, theServices, the Platform or any other website or software) for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) loss of business opportunity, goodwill or reputation; or
(f) any other indirect or consequential loss or damage.
7.2 Nothing in this Agreement shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud, or any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
7.3 This Agreement sets out the full extent of our obligations and liabilities in respect of the supply of the Services and the Platform. Except as expressly stated in this Agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and the Platform which might otherwise be implied into, or incorporated in, this Agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
7.4 We are not and will not become, at any point in time, the holder of any beneficial or legal interest in, nor take possession of, any products or materials. We will not be responsible for any damage sustained by or the loss of any products or materials at any other time, nor any delay in delivery of any such products or materials, save where this results from our gross negligence or fault.
7.5 Where you are referred to any third party interior design firm through our “EZiD” service, you will liaise and (if you choose to engage them) contract directly with the third party interior design firm (the “ID Firm”). You are solely and fully responsible for reviewing the terms of any contract entered into with the ID Firm and any services requested from the ID Firm. Neither we nor our affiliated companies shall be responsible for any default, omission or other act of an ID Firm, in which event you unconditionally and irrevocably agree that any claims shall be made directly against the ID Firm.
7.6 We do not guarantee that you will successfully engage any ID Firm through the “EZiD” service.
You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs(including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of the Platform, Services and/or any websites or software in relation thereto or otherwise, and whether under this Agreement (including our Customer Terms and Conditions and Acceptable Use Policy), any laws or regulations or otherwise.
9.1 We may terminate or suspend your account on the Platform at any time, including:
(a) in the event of your actual or suspected non-compliance with this Agreement;
(b) if you are uncontactable in respect of your Orders for one (1) year (in which case we shall provide you thirty (30)days’ notice of the termination);
9.2 You may also terminate your account with us at any time. To terminate your account, kindly contact us through the Platform. If you wish to cancel any Order with us, please refer to the Customer Terms and Conditions for more information.
9.3 Upon termination of this Agreement, all services shall be terminated and your rights under this Agreement (including the license granted to you to use this Platform) shall be terminated. You may remain liable to pay any sums due to us in respect of services provided to you. Kindly refer to the Customer Terms and Conditions or any other relevant agreement with us for more information.
10.1 We may transfer our rights and obligations under this Agreement to another person or entity, but this will not affect your rights or obligations under this Agreement.
10.2 You may only transfer your rights or your obligations under this Agreement to another person if we agree first in writing.
10.3 No partnership or agency or employment relationship has arisen by reason of this Agreement.
10.4 This Agreement and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement or any document expressly referred to in it.
10.5 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.6 Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.7 This Agreement, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by Singapore law. We both irrevocably submit to the exclusive jurisdiction of the courts of Singapore in resolving any and all disputes or claims.
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