TERM OF USE
Last updated on: 1st Aug 2021
Ximple Singapore Pte. Ltd. (“Ximple”, “we”, “us” and terms of similar meaning) provides this website, mobile application and the services provided by or through this website or mobile application to you subject to these terms and conditions of use (these “Terms”).
In these terms we call this website and any successor websites together the “Site”, and the mobile application we provide the “Application”. We refer to the services provided by the Site and Application as the “Services”.
Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.
Ximple reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any, or we will post a notice in the Application visible to you the next time you access the Application. If you do not agree with the changes, you can cancel your account with us without further obligation by writing to us at [email protected]. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at [email protected].
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Application.
2. Registration Data; Account Security
If you register for an account on the Services, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Ximple , and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Ximple. You are responsible for all activity on your Ximple account, and for all charges incurred by your Ximple account.
3. Fees; Charges; Taxes
Joining and using Ximple's services is currently free of charge for the User.
Ximple reserves the right to change such pricing policy by giving the User a prior written notice of at least 30 days, which shall be provided through the contact details that were provided by the User upon the Application installation, including his or her e-mail address. Ximple reserves the right to add to the Ximple Application additional functions and/or features or to expand existing services, with or without payment, at its sole discretion. The fees for the User's cellular phone internet connection shall be subject to the agreement between the User and his or her mobile phone communication service provider.
You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
4. Acquiring / Money Transfer
To the extent that the User decides to purchase a service and/or product through Ximple, Ximple shall be allowed to conduct the payment process and to approve the payment by itself or by a third party on its behalf, or alternatively shall be entitled to transfer the User's request to the Product(s)' importer and/or manufacturer and/or distributer in order to make and process the payment, at Ximple's sole discretion.
5. Ownership, Copyright and Trademarks
In these Terms the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”.
All Content and all software available on the Services or used to create and operate the Services is the property of Ximple or its licensors, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Ximple.
6. No Responsibility for Third-Party Services, Sites or Content
As a service to our users, the Site may contain links to third-party Websites (“Third-Party Sites”) or third-party content (“Third-Party Content”) and may provide third-party services (“Third-Party Services”), including Add-ons, payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use Third-Party Sites, Third-Party Content (together, the “Third Party Materials”) or Third-Party Services at your own risk.
Ximple makes no claim or representation regarding Third-Party Materials and Third-Party Services, and provides them or links to them only as a convenience. Inclusion in the Services of Third-Party Materials does not imply Ximple endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Materials. Ximple accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Materials, or Websites linking to the Services. When you leave the Services, our terms and policies no longer govern, and when you use Third-Party Services their terms and policies apply. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Materials and Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7. Restrictions on Use
While using the Ximple Application, the User is not allowed to:
(a) transfer, distribute, share, pledge, assign, sub-license, sell or lease the Application or his or her rights, directly or indirectly, commercially or non-commercially;
(b) copy, duplicate, change, alter, compile, decompile, disassemble, reverse engineer or make any changes in the Application or any part of it;
(c) integrate the Application with any third party product and/or software and/or any derivative creation without Ximple's prior written consent;
(d) operate any kind of data mining operation (including scrapping, harvesting, data collection, indexing and/or using robot, spider, scraper or any other automatic means that are meant to gain access to Ximple's database);
(e) transfer or create, in connection with the Application, any virus, worm, "Trojan horse", "time bomb", spyware or any other code, file or program which may cause, or are meant to cause, damage or take over the activity of any hardware, software or communication equipment, or any code or component or computer file that are, or are meant to be, harmful, disruptive or intrusive;
(f) discover the results of the Application performance or use such results for the development of a competing application or software;
(g) transfer his or her password and/or username to any third party;
(h) create a database by systematically downloading content from the Application;
(i) interrupt or disrupt the activity of the service, website, servers or networks that host the application or allow its activity, or disobey any demand, protocol or policy or any such servers and/or networks;
(j) use the application for any need or goal which are forbidden by law, including for affecting other users' privacy, copyright, etc.
8. Application Change, Update and/or Upgrade
Ximple is entitled to change the Application and/or its characteristics, design, scope, level of availability, in full or in part, in its sole discretion and without giving prior notice to the User. In addition, Ximple will be allowed to release, from time to time, updated and upgrades to the Ximple Application, but will not be obligated to do so. Such upgrades and/or updates will be released automatically without prior notice to the User or actively as part of a re-installation process by the User. By giving his or her consent to use the Application in accordance with this Agreement's provisions, the User agrees that the provisions of this Agreement shall also apply to the use of the updated and/or upgraded application in accordance with this Agreement.
9. Service and Support
Ximple is not obligated to provide the User with any support for the use of the Application, including without limitation in connections with the Product(s)' Warranty. It is hereby made clear that Ximple is not required to give further support to the Application Users, and that such support may be provided at Ximple's sole discretion. It is hereby made clear that any claim and/or demand for service and/or support and/or repair that the User shall have in connection to the Product(s)' Warranty may be referred by the User to the Product(s)' importer and/or manufacturer and/or distributer.
It is hereby made clear that the Warranty approval and the service provided in accordance with the Warranty are subject to the sole discretion, and are in the exclusive responsibility, of the importer and/or manufacturer and/or distributer that has issued such Warranty. Ximple does not and will not bear any responsibility and/or liability in this regard.
10. Advertisements and Promotions
Ximple may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Ximple, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Ximple is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
11. Use of Interactive Areas and the Services
The Services may include discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Services (“Interactive Areas”). If Ximple provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Services will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
(a) Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(b) Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
(c) Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
(d) Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(e) Unsolicited promotions, political campaigning, advertising or solicitations;
(f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
(g) Viruses, corrupted data or other harmful, disruptive or destructive files;
(h) Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
(i) Content that, in the sole judgment of Ximple, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose Ximple or its affiliates or its users to any harm or liability of any type.
Finally, Ximple strictly prohibits SPAM: you may not use the Interactive Areas or the Services generally to send commercial or other messages to any third-party if those messages are not solicited, authorized, welcomed or subscribed to be received by the third-party, and in your use of the Services you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.
12. Limitation of Liability
The Ximple Application is provided to the User as is, without any liability and/or warranty by Ximple of any kind, expressed or implied, including with respect to:
(a) the code's accuracy;
(b) the lack of problems and/or faults and/or bugs and/or defaults and/or harmful components, including such components that were provided by the Application suppliers;
(c) the accuracy of the details that are presented to the User as part of the use of the Application and/or that are included in the Application databases and/or with respect to the Warrant(ies) managed in the Application;
(d) the accuracy of details that are published in the Application, including with respect to the service channels by the Product(s)' importer and/or manufacturer and/or distributor;
(e) any expectation that the Application shall meet the User's expectations or fit any specific purpose;
(f) the Application availability at any time and/or to the availability of Third Parties' Content to which the Application is referring to;
(g) the Product(s)' quality;
(h); the quality and/or nature of the Warranty given to the Product(s) digitally managed by the Application (the "Warranty") and/or the service provided in accordance with the Warranty; or
(i) the quality and/or nature and/or verity and/or level of accuracy of Third Parties' Content to which the Application is referring.
The User hereby warrants that he or she is aware that the Application version which he or she uses may suffer from problems and/or difficulties to operate and/or software problems and/or hardware problems and/or bugs of any kind, including but not limited to the Application collapse, slow action, difficulty in installation, etc.
To the extent permitted by law, Ximple is hereby explicitly excluding any and all liability for damage and/or loss and/or cost and/or expense and/or payment, either direct, indirect, incidental or consequential, that may be caused to the User or his or her property (including loss or corruption of data and/or harm to User's privacy), in particular with respect to a Product that its Warranty is managed by the Application, by either lack of ability to use the Application, malfunction of the Application, blocking or cancellation of access to the Application by Ximple, Agreement termination by Ximple or reliance on any content in the Application, including Third Parties' Content.
Without derogating from the above, the maximum accrued and total liability (to the extent it exists) in accordance with this Agreement, by Ximple, its officers, directors, employees, users and/or any other person or entity on its behalf, for any damage, cost, expense or loss, including loss of information, shall be limited to 10% of the current market value of the relevant Product to which a Warranty was or is managed through the Ximple Application.
13. Warranty Disclaimer
The Site, the Content, the Add-ons and the Services are provided to you on an “as is” basis without warranties from Ximple of any kind, either express or implied. Ximple expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Ximple does not represent or warrant that the Site, the Content, the Add-ons or the Services are accurate, complete, reliable, current or error-free.
Ximple take all reasonable steps to ensure that the information on our Services is correct. However, Ximple does not guarantee the correctness or completeness of material on our service. Ximple may make changes to the material on our service at any time and without notice. The material on our service may be out of date, or on rare occasions incorrect and Ximple make no commitment nor guarantee to ensure that such material is correct or up to date.
Ximple does not represent or is of any affiliation with any online or offline retailers that it mentions in any of our Services. The comparative information presented in our Site and Application are meant for public and Users to easily obtain the price and informative comparisons of, or to find items/products across different online retailers.
While Ximple attempts to make your access to and use of the Services safe, Ximple does not represent or warrant that the Site, the Content, the Add-ons or the Services are free of viruses or other harmful components.
The User will indemnify Ximple, its officers, directors, employees or anyone else on its behalf, for any claim and/or demand with respect to damage and/or loss caused to Ximple or any third party due to the actions or failure to act by the User and/or following the breach of the provisions of this Agreement.
15. Applicable Law and Venue
The Services are controlled by Ximple Singapore Pte. Ltd. and operated by it from its offices in Singapore. You and Ximple both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Ximple explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site, Application, the Content, or the Services will be governed by the laws of Singapore.
If you choose to access the Services from locations other than Singapore, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Ximple and the other Released Parties for your failure to comply with any such laws.
16. Termination/Modification of Agreement, License and Site Offerings
Notwithstanding any provision of these Terms, Ximple reserves the right, without any notice or liability to you and in its sole discretion to:
(a) terminate your rights to use the Services, or any portion thereof;
(b) block or prevent your future access to and use of all or any portion of the Services or Content;
(c) change, suspend or discontinue any aspect of the Services or Content; and
(d) impose limits on the Services or Content.
When your Ximple account is terminated, your User Content will, shortly thereafter, not appear on the Services, except for User Content submitted to public areas of the Site such as the blog, forum, or product reviews, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
If these Terms expire or terminate for any reason, any representation or warranty you make in these Terms, shall survive indefinitely.
Ximple reserves the right to amend the terms of this Agreement at any time, in its sole discretion, without prior notice to the User, and such amendments shall be binding to the User from the date of such amendment. The User agrees that any change in the terms of this Agreement shall bind the User, and that the continuous usage of the Application will be used as evidence to his or her consent to such amendments. Ximple shall be entitled to publish an announcement with respect to material amendments of this Agreement, but shall not be obligated to publish such announcement, and it is the User's responsibility to inquire on amendments of this Agreement, and to the extent that the User is not agreeing to such amendments he or she should cease immediately from any additional use of Ximple Site, Application and Services. Ximple shall be entitled to stop providing the services through the Application, all or any part of them, temporarily or permanently, at its sole discretion.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Ximple may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Ximple, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Ximple regarding your use of the Site, the Application, the Content, the Add-ons and the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Ximple regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in English language only.
Ximple shall be entitled to transfer its rights and obligations pursuant to this Agreement to a third party, including as part of change of control, without the User's prior written consent. Any delay or blocking of the User's access to the Ximple Application due to force majeure as war, strike, fire, electrical power failure, natural disaster, etc. shall not constitute a breach of this Agreement by Ximple and shall not provide the User a right to any kind of compensation. Ximple's failure to enforce any liability or to execute any right herein shall not be regarded as a waiver of Ximple on its ability to enforce any liability or to execute any right later on.
18. Questions and Comments
If you have any questions regarding these Terms or your use of the Services, please contact us here:
Ximple Singapore Pte. Ltd.