1. Introduction

1.1. Please read these Terms of Service carefully. By using the Service (as defined below), you agree that you have read and understood the terms in these Terms of Service which are applicable to you. These Terms of Service and the COLLATE Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and COLLATE (as defined below). The Agreement applies to your use of the Service provided by COLLATE. If you do not agree to the Terms of Service please do not use or continue using the Application (as defined below) or the Service.

1.2.       By clicking “I Agree” or use of the Application, signing up for any of the Services or using any of the Services on the Application, you agree to be bound by this Agreement as a Customer.   If you are agreeing to this Agreement for use of the Services on the Application as a representative of your Company and/or organisation, you are agreeing to this Agreement on behalf of that Company and Organisation.  By clicking “I Agree”, signing up for any of the Services or using any of the Services, you confirm that you have or deemed to have the authority to bind your Company or Organisation to this Agreement, otherwise you must not use or continue using the Application or the Services therein.

1.3. COLLATE may amend the terms in the Agreement at any time at its sole discretion. Such amendments shall be effective once they are posted on www.collate.com.sg or the Application. It shall be your responsibility to review the Terms of Service and COLLATE’s Policies regularly to be apprised of any amendments or developments of COLLATE’s terms of service or your use or continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

 

1.4. COLLATE is a Technology Company which provides a platform for users to obtain or procure services. Depending on the services in question, the services may be supplied by COLLATE or a third-party provider. Where the service is provided by a third-party provider, COLLATE’s role is merely to link the user with such third-party provider and your agreement will be with such third-party provider. COLLATE shall not be responsible for the acts and/or omissions of any third-party provider, and any liability in relation to such services shall be solely borne by the third-party provider.  For the avoidance of doubt, the Third-Party Providers are not an agents, employees or staffs of COLLATE and the solutions provided by the Third-Party Providers are solely that of the Third Party and shall not be construed and/or deemed to be provided by COLLATE.

Section A - General Terms

Terms of Service

2. Definitions

In these Terms of Service, the following words shall have the meanings ascribed below:

2.1. “Application” means the relevant mobile application(s) made available for download by COLLATE (or its licensors) to Users and Third-Party Providers respectively;

2.2. “COLLATE” means the relevant subsidiary, affiliate, associated company of or entity jointly controlled by COLLATE SERVICES PTE LTD.

 

2.3. “COLLATE Policies” means the following:

 

2.3.1. Terms of Service;

2.3.2. Terms of Use for Merchants

2.3.3 Terms of Use for Sales Agents

2.3.4 Terms of Use for Customers

2.3.5 Privacy Policy

2.3.6 Refund Policy

2.3.7. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), in-app or website product/service descriptions and information cards, or agreements provided to or entered into by you from time to time;

 

2.4. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information and insurance information;

 

2.5. “Platform” means the relevant COLLATE technology platform, portal or website that, when used in conjunction with the Application, enables Users to request or access Solutions;

 

2.6. “Privacy Policy” means our privacy policy accessible at: https://www.collate.com.sg/privacy/ as amended from time to time;

 

2.7.  "Security Emergency" means: (i) use of the Services that do or could disrupt the Services, other customers' use of the Services, or the infrastructure used to provide the Services and (ii) unauthorized third-party access to the Services.

 

2.8. “Service(s)” means the linking of Users to Third Party Providers or other Users through the Application, Platform and/or Software;

 

2.9 “Service Fee” means the fees payable by Third Party Providers (including Sales Agents, Partners and Merchants) to COLLATE for the use of the Application, Platform and/or Software, if applicable.

 

2.10. “Software” means any software associated with the Application which is supplied and made available for download and installation by COLLATE;

 

2.11. “Solutions” means the following services which are made available to Users through the Service (each a “Solution”):

 

2.11.1. Telecommunications

2.11.2. Electricity Retailers;

2.11.3. Laundry Services;

2.11.4. Aircon Services;

2.11.5. Any such other services which COLLATE may make available from time to time;

 

2.12. “Third-Party Provider” means the independent third parties who provide the relevant Solutions to Users through the Service, including sales agents of third-party providers, technicians, service provider partners and third party merchants;

 

2.13. “User” means any person who uses the Application, Platform and/or Software to search for and obtain the Solutions; and

 

2.14. “User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable taxes and any other fees or charges that may be due for a particular use of the Service or Solutions.

 

2.15. “You” means either “User” or “Third-Party Provider” as the case may be in connection with this Agreement and the meaning shall be read in the context that it appears and no other or additional meaning shall be prescribed to it.

3. Representations, Warranties and Undertakings

3.1. By using the Service, you represent, warrant / undertake that:

3.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;

3.1.2. All the information which you provide at the time of use of the Application or engaging the Services shall be true and accurate;

 

3.1.3. You will only use the Application, Platform and Service for their intended and lawful purposes;

 

3.1.4. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;

 

3.1.5. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;

 

3.1.6. You will not try to interrupt or harm the Service, Application and/or the Software in any way;

 

3.1.7.You will not attempt to commercially exploit any part of the Application including without limitation to modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;

 

3.1.8. You will not impair or circumvent the proper operation of the network which the Service operates on;

 

3.1.9. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;

 

3.1.10. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;

 

3.1.11. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

 

3.1.12. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards COLLATE or any third party;

 

3.1.13. When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;

 

3.1.14. You will not copy, or distribute the Software or other content without written permission from COLLATE;

 

3.1.15. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that COLLATE may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, COLLATE shall have the right to terminate this Agreement and your use of the Service at any time with or without notice;

 

3.1.16. You will only use an access point or data account which you are authorized to use;

 

3.1.17. You agree that your use of the Service will be subject to the COLLATE’s Policies as may be amended from time to time;

 

3.1.18. You agree to assist COLLATE with any internal or external investigations as may be required by COLLATE in complying with any prevailing laws or regulations in place; and

 

3.1.19. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, COLLATE or any other party as a result of your breach of this Agreement.

 

3.1.20 You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud COLLATE or to disrupt the natural functions of the Application.

 

3.2. If you are a Third-Party Provider, you further represent, warrant / undertake that:

3.2.1. Where applicable, you (and your employees) own, or have the legal right and authority to operate, and you have all appropriate professional skills, equipment, licences and approvals in respect of, the service that you are providing to the Users;

 

3.2.2. Where applicable, you will use all appropriate safety equipment when carrying out the service;

 

3.2.3. Where applicable, you have a valid policy of liability insurance (common and custom in industry-standard coverage amounts) for the operation of your service and/or business insurance to cover any anticipated losses related to the operation of the service that you provide;

 

3.2.4. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the service provided by you;

 

3.2.5. You shall obey all local laws related to the operation of the service that you provide and will be solely responsible for any violations of such local laws;

 

3.2.6. You shall not contact the Users for purposes other than in connection with the Service;

 

3.2.7. You shall not reverse, look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of COLLATE, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application;

 

3.2.8. You are aware that when responding to the Users, standard telecommunication charges may apply which shall be solely borne by you;

 

3.2.9. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement; and

 

3.2.10. You agree that you are prohibited from promoting competitors’ applications, giving out coupons and/or suggesting any other form of discounts to the Users by undermining COLLATE. You are strictly prohibited to use the Service for other purposes such as but not limited to data mining of COLLATE’s information or information related to the Application or the Service. A breach hereof constitutes a material breach , and COLLATE reserves the right to take such action as may be appropriate or permitted under the law including damages or where damages may not be a adequate remedy and/or an injunction against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used and recover all legal costs, expenses and disbursements on an indemnity basis.

 

3.3. If you are a User, you further represent, warrant / undertake that :

3.3.1. Your use of the Service is, unless otherwise allowed by COLLATE, for your own sole, personal use or, where permitted, for the use of another person who is a Minor, in which case you shall assume primary responsibility of the Minor;

 

3.3.2. You shall not contact the Third-Party Provider for purposes other than the Service;

 

3.3.3. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third-Party Provider or the equipment that the Third-Party Provider is using to perform the Service;

 

3.3.4. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use;

 

3.3.5. Where applicable, you will not copy any content displayed through the Application or Platform, including any third-party product content and reviews, for republication in any format or media without COLLATE’s express consent;

 

3.3.6. You are fully aware that all icons, logos and design contained in the Application, Platform or Website belongs solely to COLLATE and you will not, including but not limited to copying, re-using or modifying any such intellectual property for personal or commercial use. If you are found to be in breach of this term, COLLATE reserves the full right to take any such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the intellectual property without the written permission from COLLATE.

 

3.3.7. You are fully aware that when requesting Solutions by using the Service, standard telecommunication charges will apply; and

 

3.3.8. You agree that COLLATE may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account. 

4. Compatibility

Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and/or Software. While we continuously develop the Application, Platform and Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application and Platform are likely to be accessed from, we do not warrant compatibility of the Application, Platform and/or Software with specific mobile devices or other hardware.

5. License Grant and Restrictions

5.1. COLLATE and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by COLLATE and its licensors.

5.2. You shall not:

5.2.1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;

5.2.2. modify or make derivative works based on the Application and/or the Software;

5.2.3. “mirror” the Application / Software on any other server or wireless or internet-based device;

 

5.2.4. except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Application or any software or services made available on or through the Application;

 

5.2.5. use any manual or automated program, code or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (c) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;

 

5.2.6. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;

 

5.2.7. remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or

 

5.2.8. use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.

6. Payments

6.1 Payment Terms for Third Party Providers (Sales Agents, Partners, Merchants)

6.1.1 Where applicable, the fees which you pay COLLATE for the Service are due immediately and are non-refundable (“Service Fee“). The no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.

 

6.1.2 You acknowledge and confirm that COLLATE may administer and act as your collection representative to pay to you the total amount of User Charges less Service Fees due to you in respect of your provision of the solution.

 

6.1.3 COLLATE retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold COLLATE liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

 

6.1.4 COLLATE may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honoured by you if you choose to participate in the Promotion. COLLATE may change the Service Fee at any time at its sole discretion.

 

6.2 Payment Terms for Users:

 

6.2.1 Users are required to make full payment of the User Charges for all services offered in the Application by the method selected at the time of booking via one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is subjected to the Refund Policy.

 

6.2.2 Automated payment may be made by credit card, debit card, or by in-app e-Wallet. The terms of these non-cash payments made by you through the Application will be governed by COLLATE’s Terms of Service.

7. Cancellation

7.1 Cancellation Terms for Third-Party Providers:

7.1.1 The Users rely on you for provision of the Solutions. You agree that as Third-Party Provider, once you have accepted the job, you do not have the option of cancelling the job unless it’s requested by the User.

 

7.1.2 As a Third-Party Provider, you acknowledge that you should not, in any circumstances, regardless of whether it’s in any party’s interest, to insinuate, suggest, encourage or hint, in a direct or indirect way, to the User to cancel a job. You acknowledge that, if you are found to be in breach of this term, or under investigation for such breaches, COLLATE retains the right to suspend your account till further notice, and you shall not hold COLLATE liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

 

7.1.3 In situations that are unforeseen, and that when a cancellation is deemed to be the best course of action for all parties involved, COLLATE may, at its sole discretion, remove the job from the Merchant’s list of appointments and carry out the appropriate refund amount to the customer, subject to the Refund policy. As a Third-Party Provider, you acknowledge that in refund cases where pre-payment has been made to you, you agree that COLLATE reserves the right to clawback the pre-payment amount, subject to the terms and conditions of the Refund Policy.

 

7.2 Cancellation Terms for Users

 

7.2.1 Unless otherwise stated in any COLLATE Policy, you may cancel the job that you have paid for, (two) 2 days prior to the appointment date.

 

7.2.2 If you decide to cancel your appointment, you may be charged a Cancellation Fee or such other Cancellation Fee as COLLATE may notify from time to time via the Refund Policy.

 

7.2.3 If you know you were incorrectly charged a Cancellation Fee, you may contact COLLATE via COLLATE’s website for assistance. COLLATE reserves its absolute discretion to consider any refunds to you and such refunds may be credited to the payment card you used for the transaction(s), or to your COLLATE e-Wallet or by such other methods as is deemed reasonable by COLLATE.

8. COLLATE’s Promotions for Users

8.1 From time to time, COLLATE may run marketing and promotional campaigns which offer discount codes, vouchers, subscription plans or other promotional offers to be used in the app. Discount codes are subject to validity periods, redemption periods, limits and/or other availability. Discount codes may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to discounts codes. Unless otherwise stated, discount codes can only be used in the app. Discount codes are non-transferable, non-exchangeable, non-refundable and cannot be exchanged for cash. COLLATE may withdraw, amend and/or alter any applicable terms and conditions of the promotions or subscriptions at any time without prior notice. COLLATE may also void, discontinue or disqualify any User from any promotion or subscription plan without prior notice in the event that the User breaches any part of these Terms of Service.

9. Reviews and Ratings

9.1. Users will be allowed, where appropriate, to rate the Third-Party Provider in respect of Solutions provided.

 

9.2. Every rating will be automatically logged onto COLLATE’s system and COLLATE may analyse all ratings received.

 

9.3 To ensure that User’s reviews and ratings are genuine, you acknowledge that COLLATE reserves the right to display the User’s profile picture and name along with the full review and ratings in the Application and/or Website.

 

9.4 You acknowledge that COLLATE may, at its sole discretion, take all appropriate actions including editing, amending, or deleting any review that contains obscene, threatening, libellous words, or is deemed to be untruthful after investigation.

10. Complaints

10.1. Any complaints or disputes between Third-Party Providers and Users must be taken up with each other directly upon the delivery of the service.

 

10.2 In the event if the dispute cannot be resolved, Users may contact COLLATE for advice but COLLATE will not be responsible for any damages or claims arising from the dispute.

11. Intellectual Property Ownership

11.1. COLLATE and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the source code, Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service and/or any Solution. The Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by COLLATE and/or its licensors. COLLATE’s name, COLLATE’s logo, the Service, the Software, the Website and/or the Application and the Partners’ and Third-Party Providers’ logos and the product names associated with the Software and/or the Application are trademarks of COLLATE or the third-party providers, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

12. Taxes

12.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend COLLATE to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.

 

12.2. If you are a Third-Party Provider or a Partners’ sales representatives, you are liable and accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.

13. Confidentiality

13.1. You shall maintain in confidence all information and data relating to COLLATE, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of COLLATE (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from COLLATE, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without COLLATE’s prior written consent, disclose such information to any third party nor use it for any other purpose.

 

13.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

 

13.2.1. was at the time of receipt already in your possession;

 

13.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;

 

13.2.3. was received from a third-party having the right to disclose it; or

 

13.2.4. is required to be disclosed by law.

14. Data Privacy and Personal Data Protection Policy

14.1. COLLATE collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of COLLATE’s Services and its terms are made a part of this Agreement by this reference.

 

14.2. Where applicable, you agree and consent to COLLATE, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.

 

14.3. You acknowledge that COLLATE may disclose Personal Data of other individuals to you in the course of your use of COLLATE’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by COLLATE, and not for any other unauthorized purposes, including but not limited to soliciting for future sales leads from customers for the service that you have listed on COLLATE.

15. Third-Party Interactions

15.1. During the use of the Service, you may enter into correspondence or transactions with third-parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third-party and COLLATE and its licensors shall have no liability or obligation for any such communication or agreement. Neither COLLATE nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall COLLATE, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third-party providers. Certain third-party providers of goods and/or services may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and COLLATE is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party providers. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third-party services. COLLATE is not liable for any information that you provide to or authorise us to provide to a third-party, or for such third-party’s collection, use and disclosure of such information.

 

15.2. COLLATE may rely on third-party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings.

 

15.3. You agree and allow COLLATE to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third-party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.

 

15.4. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third-parties (“Third Party Links“). Such Third-Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

16. Indemnification

16.1. By agreeing to the Terms of Service upon using the Service, you agree that you shall indemnify and hold COLLATE, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third-Party Providers or Users (as the case may be), third-party merchants, providers, sales agents, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Service or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third-party, including Third-Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; (e) where applicable your ownership, use or operation of any equipment, including your provision of Solutions to Users via the Service where applicable.

17. Disclaimer of Warranties

17.1. COLLATE makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. COLLATE does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Application will meet your requirements or expectations. The Service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded to the extent permissible by law.

 

17.2 COLLATE makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third-Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third-Party Providers and shall have no recourse against COLLATE.

 

17.3 Where applicable, COLLATE’s role as collection representative is solely mechanical and administrative in nature and COLLATE does not owe to you a duty of care or any fiduciary duties.

18. Internet Delays

The Service, Platform, Application and/or the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third-party provider being faulty, not connected, out of range, switched off or not functioning. COLLATE is not responsible for any delays, service delivery failures, damages or losses resulting from such problems.

19. Limitation of Liability

19.1. Unless otherwise stated, and to the fullest extent allowed by law, any claims against COLLATE by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the Service during the event giving rise to such claims. COLLATE and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the Service or Solution, including but not limited to:

 

19.1.1. loss, damage or injury arising out of, or in any way connected with the Service, the Platform, Application and/or the Software;

 

19.1.2. the use or inability to use the Service, the Platform, Application and/or the Software;

 

19.1.3. any reliance placed by you on the completeness, accuracy or existence of any advertising; or

 

19.1.4. as a result of any relationship or transaction between you and any User, Third-Party Provider, Merchant, Advertiser or Sponsor whose advertising appears on the Website or is referred to by the Service, the Application and/or the Software, even if COLLATE and/or its licensors have been previously advised of the possibility of such damages.

 

19.2. COLLATE does not warrant or represent that it assesses or monitors the suitability, legality, ability, movement or location of any Users or Third-Party Providers including Merchants, Advertisers and/or Sponsors and you expressly waive and release COLLATE from any and all liability, claims or damages arising from or in any way related to the Users or Third-Party Providers including Merchants, Advertisers and/or Sponsors.

 

19.3. COLLATE will not be a party to disputes or negotiations of disputes between you and Users or Third-Party Providers including Merchants, Advertisers and/or Sponsors. COLLATE cannot and will not play any role in managing payments between you and the Third-Party Providers, including Merchants, Advertisers and/or Sponsors. Responsibility for the decisions you make regarding services and products offered via the Service, the Software and/or the Application (with all its implications) rests solely with and on you. You expressly waive and release COLLATE from any and all liability, claims, causes of action, or damages arising from your use of the Service, the Software and/or the Application, or in any way related to the third-parties including Merchants, Advertisers and/or Sponsors introduced to you by the Service, the Software and/or the Application.

 

19.4. The quality of the solutions scheduled through the use of the service is entirely the responsibility of the Third-Party Provider who ultimately provides such Solution to the User. You understand, therefore, that by using the Service, you acknowledge that you are using the Service at your own risk.

20. Notice

20.1. COLLATE may give notice through the Application, electronic mail to your email address in the records of COLLATE, or by written communication sent by registered mail to your address in the records of COLLATE. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing (if sent by registered mail) or 1 hour after sending (if sent through the Application or email). You may give notice to COLLATE (such notice shall be deemed given when received by COLLATE) by letter sent by courier or registered mail to COLLATE using the contact details as provided in the Application.

21. Assignment

21.1. Unless otherwise stated herein, this Terms of Service as modified from time to time may not be assigned by you without the prior written approval of COLLATE but may be assigned without your consent by COLLATE. Any purported assignment by you in violation of this section shall be void.

22. Dispute Resolution

22.1. This Terms of Service shall be governed by Singapore law, without regard to the choice or conflicts of law provisions of any jurisdiction.

 

22.2 Any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Service (“Disputes“) or the Service shall be referred to exhaust the options of mediation before referring the matter to the Small Claims Tribunal or the Singapore International Arbitration Centre (“SIAC”) as the case may be subject to the quantum of the claim, in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and COLLATE (the “Arbitrator”). If you and COLLATE are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by you and COLLATE, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. You may also choose a mode of alternative dispute resolution such as the Small Claims Tribunal and/or Singapore Mediation Centre, subject to their respective rules and guidelines.

 

22.3 Notwithstanding the above, if you are a Third-Party Provider, you may choose to submit a Dispute for mediation at the Singapore Mediation Centre and/or Small Claims Tribunal, subject to their respective rules and guidelines.

23. Relationship

23.1. Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise with COLLATE.

24. Severability

24.1. If any provision of the Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

25. No Waiver

25.1. The failure of COLLATE to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision.

26. Entire Agreement

26.1. This Agreement comprises the entire agreement between you and COLLATE in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions.

27. Suspension and Termination

27.1. You agree that we may do any of the following, at any time, without notice:

 

(i) modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your account and/or the availability of any products or services), for any reason;

 

(ii) modify or change any applicable policies or terms; and

 

(iii) interrupt the operation of the Application or any portion of the Application (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

(iv)  Notwithstanding anything in this Agreement, if there is a Security Emergency then COLLATE may automatically suspend use of the Services.  COLLATE will make commercially reasonable efforts to narrowly tailor the suspension as needed to prevent or terminate the Security Emergency.

 

We shall not be required to compensate you for any suspension or termination.

28. No Third-Party Rights

28.1. Except for the parties who are indemnified pursuant to the indemnification provisions set out herein, this Agreement does not give rights to any third-parties who are not party to this Agreement.

1. Laundry Services

1.1 For Laundry Service Users:

1.1.1 The Application allows you to place orders for laundry services from laundry companies (“Laundry Merchants”), for your designated laundry items to be picked up and to be delivered back to you after the laundry service is completed by independent third-party laundry services providers (“Laundry Merchants”) COLLATE does not own, sell or resell any laundry services and does not control the Laundry Merchants or any services provided by them. You understand that any order that you place shall be subject to the appointment availability and location serviceability of the Laundry Merchants.

 

1.1.2 All laundry service bookings placed on the Application (“Laundry Order”) are treated as confirmed upon payment via the app. If you cancel your Laundry Order, or wish to reduce the number of laundry items after it has been confirmed, cancellation charges and any refunds will be subjected to the Refund Policy.

 

1.1.3 Upon your successful confirmation of a Laundry Order, the Laundry Merchants may contact you via the app to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the pickup and delivery appointment date/time. If additional laundry items are required, the Laundry Merchants will process the additional items during the Pick-up and the invoice for the additional items will be sent via the app and payment is required from you immediately. For the avoidance of doubt, COLLATE is not involved in and will not be responsible for any separate arrangement between you and the Laundry Merchant regarding the amendment and/or cancellation of orders made by you where such arrangement is not confirmed and recorded on the Application.

 

1.1.4 You may use the “Reschedule Appointment” function within the app to change your appointment date/time. For the avoidance of doubt, a successful reschedule appointment is confirmed only when the Laundry Merchant accepts the rescheduled date/time and you have received the in-app notification informing you that the reschedule has been confirmed.

 

1.1.5 If you are not present at home during the appointment, and you remain uncontactable for a period of time deemed reasonable by the Laundry Merchant, the Laundry Merchant reserves the right to leave. The Laundry Merchant will attempt to contact you via the app to advise you to reschedule the appointment. The Laundry Merchant reserves the right to charge you a “Door-Hang” fee according to their individual company policy, and for the avoidance of doubt, COLLATE is not involved in collecting such “Door-Hang” fees imposed by the Laundry Merchant and any collection of said fees are strictly between you and the Laundry Merchant.

 

1.1.6 The prices of each laundry service item reflected in the Application are determined solely by the Laundry Merchant and are listed for information only.

 

1.1.7 Prices of laundry items as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the Laundry Merchant, be incorrectly reflected and in such an event the Laundry Merchant reserves the right to cancel the order by informing COLLATE.

 

1.1.8 The Laundry Merchant shall be solely responsible for any warranty in relation to, and quality of the services rendered to you.

 

1.1.9 You are responsible for ensuring that the details entered by you in respect of the Laundry Order on the Application are accurate and complete. COLLATE shall not be liable in the event of (i) a no-show by the Laundry Merchant or (ii) the Laundry Merchant failing to contact you with regards to the Laundry Order by reason of erroneous details entered by you on the Application;

 

1.1.10 Prior to pick-up of your laundry items and after the laundry items are delivered back to you, you are responsible to check your laundry articles for any stains or damages. You should also make sure that the number of laundry items for both pick-up and return delivery tallies with your order. If there are unsatisfactory, damaged or missing items, you should inform the Laundry Merchant or COLLATE immediately. The Laundry Merchants will not be able to validate any claims made after 24 hours upon delivery.

Section B – Additional Terms
2. Aircon Services

2.1 For Aircon Service Users:

 

2.1.1 The Application allows you to place orders for aircon servicing or aircon repair services from Aircon-Servicing companies (“Aircon Merchants”), upon which the Aircon Merchants will visit the residential place designated by you to carry out the services that they are hired for. The services are fulfilled by independent third-party aircon servicing companies (“Aircon Merchants”) and COLLATE does not own, sell or resell any aircon services nor control the Aircon Merchants or any services provided by them. You understand that any order that you place shall be subject to the appointment availability and location serviceability of the Aircon Merchants.

 

2.1.2 All aircon service bookings placed on the Application (“Aircon Order”) are treated as confirmed upon payment via the app. If you cancel your Aircon Order, or wish to amend the number of servicing trips for prepaid annual servicing packages after it has been confirmed, cancellation charges and any refunds will be subjected to the Refund Policy.

 

2.1.3 Upon your successful confirmation of an Aircon Order, the Aircon Merchants may contact you via the app to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the servicing appointment date/time. If additional items are required, the Aircon Merchants will process the additional items during the appointment and the invoice for the additional items will be sent via the app and payment is required from you immediately. For the avoidance of doubt, COLLATE is not involved in and will not be responsible for any separate arrangement between you and the Aircon Merchant regarding the amendment and/or cancellation of orders made by you where such arrangement is not confirmed and recorded on the Application.

 

2.1.4 You may use the “Reschedule Appointment” function within the app to change your appointment date/time. For the avoidance of doubt, a successful reschedule appointment is confirmed only when the Aircon Merchant accepts the rescheduled date/time and you have received the in-app notification informing you that the reschedule has been confirmed.

 

2.1.5 If you are not present at home during the appointment, and you remain uncontactable for a period of time deemed reasonable by the Aircon Merchant, the Aircon Merchant reserves the right to leave. The Aircon Merchant will attempt to contact you via the app to advise you to reschedule the appointment. The Aircon Merchant reserves the right to charge you a “Door-Hang” fee according to their individual company policy, and for the avoidance of doubt, COLLATE is not involved in collecting such “Door-Hang” fees imposed by the Aircon Merchant and any collection of said fees are strictly between you and the Aircon Merchant.

 

2.1.6 The prices of each aircon servicing or repair service fee reflected in the Application are determined solely by the Aircon Merchant and are listed for information only.

 

2.1.7 Prices of the aircon servicing or repair service fee as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the Aircon Merchant, be incorrectly reflected and in such an event the Aircon Merchant reserves the right to cancel the order by informing COLLATE.

 

2.1.8 The Aircon Merchant shall be solely responsible for any warranty in relation to, and quality of the services rendered to you.

 

2.1.9 You are responsible for ensuring that the details entered by you in respect of the Aircon Order on the Application are accurate and complete. COLLATE shall not be liable in the event of (i) a no-show by the Aircon Merchant or (ii) the Aircon Merchant failing to contact you with regards to the Aircon Order by reason of erroneous details entered by you on the Application;

 

2.1.10 Prior to the appointment, you are responsible to check your aircon unit for any stains, damages or faulty parts and you agree that you will inform the Aircon Merchant, prior to them carrying out the servicing or repair work, of such defects. If the work done by the Aircon Merchant is unsatisfactory, or there are damaged or missing items caused by the Aircon Merchant, you should inform the Aircon Merchant or COLLATE immediately. The Aircon Merchants will not be able to validate any claims made after 24 hours after the job is completed.

3. Telecommunications Service

3.1 For Telecommunications Service Users:

3.1.1 The Application allows you to book a sales agent (“Telco Sales Agent”) of our Telecommunications Partner for a sales consultation to advise you on a suitable Mobile, Broadband or TV plan for you. A booking fee is payable to COLLATE for the confirmation of a sales consultation appointment. The Telco Sales Agent are independent third-party sales agents. COLLATE does not own, sell or resell the telecommunications services and does not control the Telco Sales Agent nor the services provided by the Telecommunications Partner. You understand that any order that you place shall be subject to the appointment availability and location serviceability of the Telco Sales Agent.

 

3.1.2 All sales consultation bookings placed on the Application (“Telco Booking Order”) are treated as confirmed upon payment via the app. If you cancel your Telco Booking Order after it has been confirmed, cancellation charges and any refunds will be subjected to the Refund Policy.

 

3.1.3 Upon your successful confirmation of a Telco Booking Order, the Telco Sales Agent may contact you via the app to confirm the details of the order, any change in the order (for instance, due to unavailability) and appointment date/time. If additional items or payment (such as deposit) are required, the Telco Sales Agent will process the additional items during the appointment and the invoice for the additional items will be sent via the app and payment is required from you immediately. For the avoidance of doubt, COLLATE is not involved in and will not be responsible for any separate arrangement between you and the Telco Sales Agent regarding the amendment and/or cancellation of orders made by you where such arrangement is not confirmed and recorded on the Application.

 

3.1.4 You may use the “Reschedule Appointment” function within the app to change your appointment date/time. For the avoidance of doubt, a successful reschedule appointment is confirmed only when the Telco Sales Agent accepts the rescheduled date/time and you have received the in-app notification informing you that the reschedule has been confirmed.

 

3.1.5 If you are not present at home during the appointment, and you remain uncontactable for a period of time deemed reasonable by the Telco Sales Agent, the Telco Sales Agent reserves the right to leave. The Telco Sales Agent will attempt to contact you via the app to advise you to reschedule the appointment.

 

3.1.6 The subscription details of the Telecommunications services reflected in the Application are determined solely by the Telecommunication Partner and are listed for information only.

 

3.1.7 The subscription details of the Telecommunications services as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the Telecommunication Partner, be incorrectly reflected and in such an event the Telecommunication Partner reserves the right to, without prior notice, amend the subscription details and your subscription order by informing COLLATE.

 

3.1.8 The Telecommunication Partner shall be solely responsible for any warranty in relation to, and quality of the services rendered to you. You will also be bound by the contractual terms and conditions of the Telecommunication Partner upon a successful subscription to the Telecommunication Partner’s services.

 

3.1.9 You are responsible for ensuring that the details entered by you in respect of the Telco Booking Order on the Application are accurate and complete. COLLATE shall not be liable in the event of (i) a no-show by the Telco Sales Agent or (ii) the Telco Sales Agent failing to contact you with regards to the Telco Booking Order by reason of erroneous details entered by you on the Application. You are also responsible for ensuring that you have the necessary documents prior to the appointment for the purpose of subscription.

 

3.1.10 For customers who opt for Email Correspondence, you agree that all email correspondence and personal data collected for the purpose of the subscription will be handled according to the Privacy Policy in accordance with the Personal Data Protection Act. 

 

3.1.11 You agree that COLLATE is in no way liable for any damages, costs, early termination penalties, cancellations fees or delay arising from the subscription of the Telecommunication Partner’s services due to but not limited to the Telco Sales Agent’s misrepresentation, misinformation, failure to inform accurately any related charges and information, or network technical disruptions caused by, directly or indirectly, the Telecommunications Partner, or any subscription plan changes on your own part.

4. Electricity Retailer

4.1 For Electricity Retailer Users:

4.1.1 The Application allows you to book a sales agent (“Electricity Retailer Sales Agent”) of our Electricity Retailer Partners for a sales consultation to advise you on a suitable electricity plan for you. A booking fee is payable to COLLATE for the confirmation of a sales consultation appointment. The Electricity Retailer Agent are independent third-party sales agents. COLLATE does not own, sell or resell the electricity services and does not control the Electricity Retailer Sales Agent nor the services provided by the Electricity Retailer Partner. You understand that any order that you place shall be subject to the appointment availability and location serviceability of the Electricity Retailer Sales Agent.

 

4.1.2 All sales consultation bookings placed on the Application (“Electricity Retailer Consultation Booking Order”) are treated as confirmed upon payment via the app. If you cancel your Electricity Retailer Consultation Booking Order after it has been confirmed, cancellation charges and any refunds will be subjected to the Refund Policy.

 

4.1.3 Upon your successful confirmation of a Electricity Retailer Consultation Booking Order, the Electricity Retailer Sales Agent may contact you via the app to confirm the details of the order, any change in the order (for instance, due to unavailability) and appointment date/time. If additional items or payment (such as deposit) are required, the Electricity Retailer Sales Agent will process the additional items during the appointment and the invoice for the additional items will be sent via the app and payment is required from you immediately. For the avoidance of doubt, COLLATE is not involved in and will not be responsible for any separate arrangement between you and the Electricity Retailer Sales Agent regarding the amendment and/or cancellation of orders made by you where such arrangement is not confirmed and recorded on the Application.

 

4.1.4 You may use the “Reschedule Appointment” function within the app to change your appointment date/time. For the avoidance of doubt, a successful reschedule appointment is confirmed only when the Electricity Retailer Sales Agent accepts the rescheduled date/time and you have received the in-app notification informing you that the reschedule has been confirmed.

 

4.1.5 If you are not present at home during the appointment, and you remain uncontactable for a period of time deemed reasonable by the Electricity Retailer Sales Agent, the Electricity Retailer Sales Agent reserves the right to leave. The Electricity Retailer Sales Agent will attempt to contact you via the app to advise you to reschedule the appointment.

 

4.1.6 The subscription details of the Electricity Retailer services reflected in the Application are determined solely by the Electricity Retailer Partners and are listed for information only.

 

4.1.7 The subscription details of the Electricity Retailer services as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the Electricity Retailer Partner, be incorrectly reflected and in such an event the Electricity Retailer Partner reserves the right to, without prior notice, amend the subscription details and your subscription order by informing COLLATE.

 

4.1.8 The Electricity Retailer Partner shall be solely responsible for any warranty in relation to, and quality of the services rendered to you. You will also be bound by the contractual terms and conditions of the Electricity Retailer Partner upon a successful subscription to the Electricity Retailer Partner’s services.

 

4.1.9 You are responsible for ensuring that the details entered by you in respect of the Electricity Retailer Consultation Booking Order on the Application are accurate and complete. COLLATE shall not be liable in the event of (i) a no-show by the Electricity Retailer Sales Agent or (ii) the Electricity Retailer Sales Agent failing to contact you with regards to the Electricity Retailer Consultation Booking Order by reason of erroneous details entered by you on the Application. You are also responsible for ensuring that you have the necessary documents prior to the appointment for the purpose of subscription.

 

4.1.10 For customers who opt for Email Correspondence, you agree that all email correspondence and personal data collected for the purpose of the subscription will be handled according to the Privacy Policy in accordance with the Personal Data Protection Act. 

 

4.1.11 You agree that COLLATE is in no way liable for any damages, costs, early termination penalties, cancellations fees or delay arising from the subscription of the Electricity Retailer’s services due to but not limited to the Electricity Retailer Sales Agent’s misrepresentation, misinformation, failure to inform accurately any related charges and information , or network technical disruptions caused by, directly or indirectly, the Electricity Retailer Partner, or any subscription plan changes on your own part.   

5. For Third-Party Providers (Merchants and Partners)

This section applies to your use of the Application, and the terms in this Agreement are in addition to any other written agreement(s) entered into between you and COLLATE.

5.1 Submission of Content or Information

We do not claim ownership of any content or information that you upload on our Application or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you (a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide[, perpetual] license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and (b) undertake that you have the right to grant us such licence.

We may provide you with an option to vary or amend the content or information submitted by you to us (including without limitation information relating to the services that your company provide). Subjected to the policy in the Main Merchant Agreement on updating your company’s products and prices, you acknowledge that any such changes in content or information may be made available in real time to end customers via an application operated by us or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the end customers in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted by you to us (via the Application or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third-party rights.

 

5.2 Personal Data

Without prejudice to the foregoing, information which you have submitted to us for your registration as a merchant on our systems, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Application or in the course of carrying out Services on this Application. You hereby give your consent to such transfer and storage of information for the purposes of facilitation of your business via our systems, and to facilitate your request to use our products and services in the Application. Your use of the account and the Application may be monitored by us or a third-party service provider to provide you with information on your business and Account.

 

5.3 Hyperlinks

You must obtain our prior written approval if you wish to provide a link under your Merchant Profile Page or make use of any content on our Application. In this regard, you may send us a formal request by way of email for our consideration. For the avoidance of doubt, without our approval, you are not allowed to link or make use of any content on our Application for commercial purposes. In any event, notwithstanding that we have granted approval for the linking, you must not establish a link to our Application (a) in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or (b) in any website which prohibits such linking or will in any way prejudice or compromise our reputation and integrity. We reserve the right to withdraw linking permission without notice. The Application must also not be framed on any other site.

 

5.4 Content of the Application

Without prejudice to any other provisions in these Terms of Service, we may vary, modify or remove any content on the Application without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, delivery time). In the rare event where any information on our Application contains any typographical errors, inaccuracies or omissions, we reserve the right to carry out measures such as (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) cancelling orders if any information provided to you (whether via this Application or other related website) at the time of your order is inaccurate or if we otherwise are of the view that it is appropriate to cancel your order at any time without prior notice (including without limitation after an order has been submitted). Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on our Application, or carry out any other measure, except as required by law. For the avoidance of doubt, no specified update or refresh date as shown on the Application or on any related website, should be taken to indicate that all information on the Application or on any related website has been modified or updated; and we shall, in no event, be liable to you or any third party for any losses, damages or consequences arising from (i) any variation, modification or removal of the content on the Application; and (ii) any measures taken.

 

5.5 Limitation of Liability

To the maximum extent permitted by the applicable law and without prejudice to the other provision of these Terms of Service, our total liability for any claim arising from these Terms of Service, including for any implied warranties, is limited to the lowest of (i) Fifty Singapore Dollars (SGD $50.00), (ii) the value of the subject matter in question; or (iii) the amount you paid us to use or access the application or any of its features or functionality in the past 12 months (if any).

 

5.6 Termination

Notwithstanding any other term in this Agreement, this Agreement shall terminate when your relationship with us as a merchant on our systems is terminated. Such termination does not release either party from any liability which, at the time of such termination has already accrued or which is attributable to a period prior to such termination nor preclude either party from pursuing any rights and remedies it may have with respect to any breach of this Agreement. 

6. For Individual Sales Agents

This section applies to your use of the Application, and the terms in this Agreement are in addition to any other written agreement(s) entered into between you and COLLATE.

6.1 Submission of Content or Information

We do not claim ownership of any content or information that you upload on our Application or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you (a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide [perpetual] license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and (b) undertake that you have the right to grant us such licence.

We may provide you with an option to vary or amend the content or information submitted by you to us (including without limitation information relating to the services that your company provide). Subjected to the policy in the Sales Agent Agreement on updating your products and prices, you acknowledge that any such changes in content or information may be made available in real time to end customers via an application operated by us or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the end customers in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted by you to us (via the Application or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third-party rights.

 

6.2 Personal Data

Without prejudice to the foregoing, information which you have submitted to us for your registration as a sales agent on our systems, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Application or in the course of carrying out Services on this Application. You hereby give your consent to such transfer and storage of information for the purposes of facilitation of your business via our systems, and to facilitate your request to use our products and services in the Application. Your use of the account and the Application may be monitored by us or a third-party service provider to provide you with information on your business and Account.

 

6.3 Hyperlinks

You must obtain our prior written approval if you wish to provide a link under your Sales Agent Profile Page or make use of any content on our Application. In this regard, you may send us a formal request by way of email for our consideration. For the avoidance of doubt, without our approval, you are not allowed to link or make use of any content on our Application for commercial purposes. In any event, notwithstanding that we have granted approval for the linking, you must not establish a link to our Application (a) in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or (b) in any website which prohibits such linking or will in any way prejudice or compromise our reputation and integrity. We reserve the right to withdraw linking permission without notice. The Application must also not be framed on any other site.

 

6.4 Content of the Application

Without prejudice to any other provisions in these Terms of Use, we may vary, modify or remove any content on the Application without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, delivery time). In the rare event where any information on our Application contains any typographical errors, inaccuracies or omissions, we reserve the right to carry out measures such as (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) cancelling orders if any information provided to you (whether via this Application or other related website) at the time of your order is inaccurate or if we otherwise are of the view that it is appropriate to cancel your order, at any time without prior notice (including without limitation after an order has been submitted). Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on our Application, or carry out any other measure, except as required by law. For the avoidance of doubt, no specified update or refresh date as shown on the Application or on any related website, should be taken to indicate that all information on the Application or on any related website has been modified or updated; and we shall, in no event, be liable to you or any third party for any losses, damages or consequences arising from (i) any variation, modification or removal of the content on the Application; and (ii) any measures taken.

 

6.5 Limitation of Liability

To the maximum extent permitted by the applicable law and without prejudice to the other provision of these Terms of Service, our total liability for any claim arising from these Terms of Service, including for any implied warranties, is limited to the lowest of (i) Fifty Singapore Dollars (SGD $50.00), (ii) the value of the subject matter in question; or (iii) the amount you paid us to use or access the application or any of its features or functionality in the past 12 months (if any).

 

6.6 Termination

Notwithstanding any other term in this Agreement, this Agreement shall terminate when your relationship with us as a sales agent on our systems is terminated. Such termination does not release either party from any liability which, at the time of such termination has already accrued or which is attributable to a period prior to such termination nor preclude either party from pursuing any rights and remedies it may have with respect to any breach of this Agreement. 

1.  Definitions

Aircon Orders” means orders received by the Company from the customer for the booking of aircon services including maintenance and repairs of such services;

Booking fee” means fees paid by customer for the booking of telco services or Electricity retailer consultation;

Laundry Orders” means orders received by the Company from the customer for laundry services and such related services connected with the customers’ items;

Payment amount” means the amount paid by the customer for the services;

Refund amount” means amount paid by the customer less the discounted percentage;

Services” means telco booking, electricity retailer consultation booking, aircon orders and servicing, laundry orders, maintenance and repairs either one-off or annually and such other services provided or organised by COLLATE from time to time;

2. Telco Booking Order  and Electricity Retailer Consultation Booking Order (collectively “Services”)

There will not be any refund for the booking fee once payment is made and appointment is confirmed. For missed appointments, customers can use the Reschedule Appointment Function within the app to schedule another appointment. If the appointment is no longer required, we will remove it upon instruction by the customer.

 

For orders that include Product Purchase Items, the refund amount of the items will be 90% of the amount paid for the cancelled items.

For example, if the amount paid by the customer for the Product Purchase items is $100.00, the refund amount will be 90% of $100 i.e. $90.00.  COLLATE reserves its absolute discretion to reject any refunds to you and where such refunds are payable such refunds may be credited to the credit/debit and/or payment card used for the transaction, or to your COLLATE e-Wallet or by such other method as is deems fit by COLLATE.

3. Laundry Orders

The refund amount will be 90% of the amount paid for the cancelled items.

For example, if the amount paid by the customer is $100.00, the refund amount will be 90% of $100 i.e. $90.00.  

 

COLLATE reserves its absolute discretion to reject any refunds to you and where such refunds are payable such refunds may be credited to the credit/debit and/or payment card used for the transaction, or to your COLLATE e-Wallet or by such other method as is deems fit by COLLATE.

Section C – Refund Policy
4. Aircon Orders

The refund amount will be 90% of the amount paid for the cancelled items for One-Time off services.

For example, if you have booked a one-time repair service and the payment amount is $100, the refund amount will be 90% of $100 i.e. $90.00.

 

For cancellation of annual aircon-servicing contracts, the refund amount will be based on the following formula.

Refund Amount = [Annual Servicing Package Fee – (Number of Servicing completed X Standard One-Time Servicing Fee for the selected Aircon Merchant)] x 90%

For avoidance of doubt, if the Refund amount is less than $0, no refund shall be made and no further payment is required from the customer.

 

Example: An annual servicing package for 4 times of servicing is $300.00. The One-Time servicing fee is $100.00 for the same merchant. Customer has used the servicing 2 times and needs to cancel it. The refund amount will be [$300.00 – (2 x $100.00)] x 90% = $90.00. 

 

COLLATE reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the transaction, or to your COLLATE e-Wallet or by such other method as is deemed reasonable by COLLATE. 

 

COLLATE further reserves the right to review, amend and change the REFUND POLICY as it deems fit at any time without any notice to the customers.

Amendments and Updates

COLLATE shall have the right to modify, update or amend the Terms of Service at any time by placing the updated Terms of Service on the Websites. By continuing to use the Application, Platform, Software, Websites or Services, purchase products from COLLATE or continuing to communicate or engage with COLLATE following the modifications, updates or amendments to the Terms of Service, you signify your acceptance of such modifications, updates or amendments.

 

The original of this Terms of Service is written in the English language. In the event of any conflict between the English and other language versions, the English version shall prevail.

Last modified: 3 July 2021