EZID.COM.SG TERMS OF USE

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.com.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 typeof 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.

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 THETERMS OF THIS AGREEMENT, YOU ARE NOT GRANTED A LICENSE TO USE THE PLATFORM ANDYOU 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.            TERMS OF USE

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 tot ime 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 thisAgreement 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 ofage.

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 otherproducts, services, affiliated websites (including social media pages) and/orother software provided by us in connection with any of the foregoing at anytime. You agree that access to or operation of any of the foregoing may fromtime to time be interrupted, be suspended or encounter technical difficulties.

1.8         These terms of use refer to the followingadditional terms, which also apply to your use of the Platform and which formpart of this Agreement:

(a)          Our Customer Terms and Conditions sets outour order, payment, termination and refund policies, applicable to allcustomers who have placed an order for renovation or refurbishment services onthe Platform (“Order”) as well as additional terms and conditions forcustomers who choose our “EZiD” service.

(b)          Our Lowest Price Guarantee Policy sets outthe terms of the “lowest price guarantee” that we offer to customers forrenovation and refurbishment services ordered through the Platform. For theavoidance of doubt, this does not apply to services provided by the interiordesign firms which we refer customers to under our “EZiD” service.

(c)          Our Workmanship Guarantee Policy sets outthe terms and conditions governing the refund for claims by customers relatingto workmanship defects in the renovation and refurbishment services orderedthrough the Platform. For the avoidance of doubt, this does not apply toservices provided by the interior design firms which we refer customers tounder our “EZiD” service.  

(d)          Our Privacy Policy sets out our policyconcerning 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 ofyour Data in the manner set out in our Privacy Policy and you warrant that allData provided by you is accurate. Should you wish to update your Data and/orwithdraw your consent to our collection, use and disclosure of your Data, orshould you have any feedback or enquiries relating to your Data, please contactour Data Protection Officer at hello@ezid.com.sg

(e)          Our Acceptable Use Policy sets out thepermitted uses and prohibited uses of our Platform. When using our Platform,including uploading any content, you must comply with this Acceptable UsePolicy.

2.            RESTRICTIONS

Except as expressly set out in thisAgreement 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 thewhole or any part of the Platform or any of the contents therein for anycommercial or other purposes;

(b)          not to disassemble, decompile,reverse-engineer or create derivative works based on the whole or any part ofthe source code of the Platform nor attempt to do any such thing, or toreproduce, display or otherwise provide access to the Services, the Platform orany 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 availablethe Platform in whole or in part (including but not limited to programlistings, object and source program listings, object code and source code), inany form to any person without prior written consent from us;

(d)          to include our copyright notice on allentire and partial copies you make of the Platform on any medium;

(e)          to comply with all applicable technologycontrol or export laws and regulations; and

(f)           not to disrupt, disable, or otherwiseimpair the proper working of the Services, the Platform or our servers, such asthrough hacking, cyber-attacks (including but not limited to denial-of-serviceattacks), tampering or reprogramming.

3.            INTELLECTUALPROPERTY RIGHTS

3.1         You acknowledge that all intellectualproperty rights in the Platform anywhere in the world (including for theavoidance of doubt any floorplans, models, drawings or other designs created byus) belong to us or their relevant owner, that rights in the Platform arelicensed (not sold) to you, and that you have no rights in, or to, the Platformother than the right to use them in accordance with the terms of thisAgreement.

3.2         You acknowledge that you have no right tohave access to the Platform in source code form.

3.3         You must not modify the paper or digitalcopies of any materials you have printed off or downloaded from the Platform inany way, and you must not use any illustrations, photographs, video or audiosequences or any graphics separately from any accompanying text.

3.4         Our status (and that of any identifiedcontributors) as the authors of content on the Platform must always beacknowledged.

3.5         You must not use any part of the contenton our Platform for commercial purposes without obtaining a licence to do sofrom us or our licensors.

3.6         If you print off, copy or download anycontent on our Platform in breach of this Agreement, your right to use thePlatform will cease immediately and you must, at our option, return or destroyany copies of the materials you have made.

4.            UPLOADING CONTENTTO OUR PLATFORM

4.1         You irrevocably and unconditionallyrepresent and warrant that any content uploaded by yourself to our Platformcomplies with our Acceptable Use Policy and the PDPA.

4.2         We will only use the content uploaded byyou for the purposes of carrying out the Services, carrying out our obligationsin this Agreement, and marketing or promotional purposes, and any other purposeexpressly set out in this Agreement or otherwise agreed between us. You licenceall rights (including intellectual property rights) in such content to us forsuch purposes. We will not otherwise distribute the content uploaded by you,save for when required by law, a court of competent jurisdiction or anygovernmental or regulatory authority.

4.3         We have the right to disclose youridentity to any third party claiming that any content posted or uploaded by youto our Platform constitutes a violation of their rights under Singapore law.

4.4         We will not be responsible, or liable toany third party, for the content or accuracy of any content or data uploaded byyou or any other user of our Platform.

4.5         We have the right to remove any postingyou make on our Platform if, in our opinion, your post does not comply with thecontent standards set out in our Acceptable Use Policy.

5.            DISPUTES

We do not assist with dispute resolutionbetween customers and Merchants. In the event of any dispute, you areresponsible for contacting or claiming directly against the relevant customeror Merchant (as the case may be). We are not obliged at any time to adjudicateon any such dispute, claim or other matter.

6.            WARRANTIES

6.1         While we make all efforts to maintain theaccuracy of the information on the Platform, we provide the Services, Platformand all information, content, materials, products and other services includedon or otherwise made available to you through the Services (the “RelatedContent”) on an “as is” and “as available” basis, unless otherwisespecified in writing. We make no representations or warranties of any kind,express or implied, as to the operation of any of the foregoing, unlessotherwise specified in writing. You expressly agree that your use of theServices and the Platform is at your sole risk.

6.2         To the full extent permissible by law, wedisclaim all warranties, express or implied, including but not limited toimplied warranties of merchantability and fitness for a particular purpose. Wedo not warrant that the Services, the Platform, the Related Content, orelectronic communications sent by us are free of viruses or other harmfulcomponents. We do not warrant that the Platform offers the best availableprices or guarantee against pricing errors.

7.            LIMITATION OFLIABILITY

7.1         Save as expressly permitted by us inwriting, you agree not to use the Services, the Platform and the RelatedContent for any commercial, business or re-sale purposes, and we have noliability to you, whether in contract, tort (including negligence), breach ofstatutory duty, or otherwise, arising under or in connection with thisAgreement (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, orrevenue;

(b)          business interruption;

(c)          loss of anticipated savings;

(d)          loss or corruption of data or information;

(e)          loss of business opportunity, goodwill orreputation; or

(f)           any other indirect or consequential lossor damage.

7.2         Nothing in this Agreement shall limit orexclude our liability for death or personal injury resulting from our negligence,fraud, or any other matter in respect of which we are prohibited underapplicable law from limiting or excluding our liability.

7.3         This Agreement sets out the full extent ofour obligations and liabilities in respect of the supply of the Services andthe Platform. Except as expressly stated in this Agreement, there are noconditions, warranties, representations or other terms, express or implied,that are binding on us. Any condition, warranty, representation or other termconcerning the supply of the Services and the Platform which might otherwise beimplied into, or incorporated in, this Agreement whether by statute, common lawor otherwise, is excluded to the fullest extent permitted by law.

7.4         We are not and will not become, at anypoint in time, the holder of any beneficial or legal interest in, nor takepossession of, any products or materials. We will not be responsible for anydamage 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 thisresults from our gross negligence or fault.

7.5         Where you are referred to any third partyinterior design firm through our “EZiD” service, you will liaise and (if youchoose to engage them) contract directly with the third party interior designfirm (the “ID Firm”). You are solely and fully responsible for reviewingthe terms of any contract entered into with the ID Firm and any servicesrequested from the ID Firm. Neither we nor our affiliated companies shall beresponsible for any default, omission or other act of an ID Firm, in whichevent you unconditionally and irrevocably agree that any claims shall be madedirectly against the ID Firm.

7.6         We do not guarantee that you willsuccessfully engage any ID Firm through the “EZiD” service.

8.            INDEMNITY

You agree to indemnify and hold us, ourrelated corporations, and our respective directors, officers, employees, agentsand representatives, independent contractors, licensees, successors and assignsharmless from and against all claims, losses, expenses, damages and costs(including but not limited to direct, incidental, consequential, exemplary andindirect damages), and reasonable legal fees, resulting from or arising out ofyour act, default or omission, whether in your use of the Platform, Services and/orany websites or software in relation thereto or otherwise, and whether underthis Agreement (including our Customer Terms and Conditions and Acceptable UsePolicy), any laws or regulations or otherwise.

9.            TERMINATION

9.1         We may terminate or suspend your accounton the Platform at any time, including:

(a)          in the event of your actual or suspectednon-compliance with this Agreement;

(b)          if you are uncontactable in respect ofyour Orders for one (1) year (in which case we shall provide you thirty (30)days’ notice of the termination);

(c)          if we withdraw the Services and/ordiscontinue the Platform (in which case we shall provide you reasonable noticein advance of doing so).

9.2         You may also terminate your account withus at any time. To terminate your account, kindly contact us through thePlatform. If you wish to cancel any Order with us, please refer to the CustomerTerms and Conditions for more information.

9.3         Upon termination of this Agreement, allOrders shall be terminated and your rights under this Agreement (including thelicence granted to you to use this Platform) shall be terminated. You mayremain 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 relevantagreement with us for more information.

10.         OTHER IMPORTANTTERMS

10.1       We may transfer our rights and obligationsunder this Agreement to another person or entity, but this will not affect yourrights or obligations under this Agreement.

10.2       You may only transfer your rights or yourobligations under this Agreement to another person if we agree first inwriting.

10.3       No partnership or agency or employmentrelationship has arisen by reason of this Agreement.

10.4       This Agreement and any document expresslyreferred to in it constitutes the entire agreement between us regarding theirsubject matter, and supersedes and extinguishes all previous agreements,promises, assurances, warranties, representations and understandings betweenus, whether written or oral, relating to that subject matter. You agree that youshall have no remedies in respect of any statement, representation, assuranceor warranty (whether made innocently or negligently) that is not set out inthis Agreement or any document expressly referred to in it. You agree that youshall have no claim for innocent or negligent misrepresentation or negligentmisstatement based on any statement in this Agreement or any document expresslyreferred to in it.

10.5       If we fail to insist that you perform anyof your obligations under this Agreement, or if we do not enforce our rightsagainst you, or if we delay in doing so, that will not mean that we have waivedour rights against you and will not mean that you do not have to comply withthose obligations. If we do waive a default by you, we will only do so inwriting, and that will not mean that we will automatically waive any laterdefault by you.

10.6       Each of the conditions of this Agreementoperates separately. If any court or competent authority decides that any ofthem are unlawful or unenforceable, the remaining conditions will remain infull force and effect.

10.7       This Agreement, its subject matter and itsformation, and any other disputes or claims in connection therewith, aregoverned by Singapore law. We both irrevocably submit to the exclusivejurisdiction of the courts of Singapore in resolving any and all disputes orclaims.

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