1.2 Shoppu reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Shoppu may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Shoppu may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
1.3 Shoppu reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
BY USING SHOPPU SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Shoppu; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Shoppu’s prior written consent.
2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
3. LIMITED LICENSE
3.1 Shoppu grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Shoppu and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Shoppu. You acknowledge that Shoppu may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Shoppu reserves all rights to the software not expressly granted by Shoppu hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Shoppu.
5. ACCOUNTS AND SECURITY
5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Shoppu of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Shoppu will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
5.3 You agree that Shoppu may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Shoppu deems necessary. Grounds for such actions may include, but are not limited to, (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts for illegitimate reasons, or (e) behaviour that is harmful to other Users, third parties, or the business interests of Shoppu. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Shoppu may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify Shoppu in writing (including via email at support@Shoppu.sg) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Shoppu after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Shoppu shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Shoppu.
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
6. TERM OF USE
6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Shoppu may effect such termination with or without notice to you.
You acknowledge, consent to and agree that Shoppu may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Shoppu or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Shoppu, its Users and/or the public.
7. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
7.1 The Users are independent individuals or businesses and they are not associated with Shoppu in any way. Shoppu is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.
7.2 If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us in writing by email to support@Shoppu.sg and copy legal@Shoppu.com and provide us the documents requested below to support your claim. Do allow us time to process the information provided. Shoppu will respond to your complaint as soon as practicable.
7.3 Complaints under this Section 8 must be provided in the form prescribed by Shoppu, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) details of the listing which contains the alleged infringement; (d) sufficient information to allow Shoppu to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (e) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (f) a statement by the Informant that the information in the notification is accurate, indemnify us for any damages we may suffer as a result of the information provided by and that the Informant has the appropriate right or is authorised to act on IPR Owner’s behalf to the complaint.
8. PURCHASE AND PAYMENT
8.1 Shoppu supports one or more of the following payment methods in each country it operates in:
(i) Credit Card
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
(ii) Cash on Delivery (COD)
Shoppu provides COD services in selected countries. Buyers may pay cash directly to the deliver agent upon their receipt of the purchased item.
(iii) Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated Shoppu Guarantee Account (as defined in Section 11). Buyer must provide Shoppu with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in Shoppu’s app as payment confirmation. If payment confirmation is not received by Shoppu within three (3) days, Buyer’s order will be cancelled.
8.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.
8.3 Shoppu takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
8.4 At the moment, Shoppu is only able to make payment to Users via bank transfer. Hence, Users are required to provide Shoppu with his/her banking details in order to receive payments i.e. from the sale of item or refund from Shoppu.
9. Shoppu GUARANTEE
9.1 Shoppu Guarantee is a service provided by Shoppu or its authorised agent to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by Shoppu or its authorised agent (“Shoppu Guarantee Account”). Seller will not receive interest or other earnings from the sum you have paid into Shoppu Guarantee Account.
Shoppu Guarantee is only offered to Buyers who have made payment through the channels provided by Shoppu into Shoppu Guarantee Account. Offline arrangements between Buyer and Seller will not be covered under Shoppu Guarantee.
9.2 Payments made through Shoppu channels will be held in the Shoppu Guarantee Account for a specified period of time (the “Shoppu Guarantee Period”). To find out more about the Shoppu Guarantee Period, please click this link. Buyer may apply for a one-time extension of Shoppu Guarantee Period prior to the expiry of the applicable Shoppu Guarantee Period, subject to and in accordance with the Refunds and Return Policy. Upon Buyer’s application, Shoppu Guarantee Period may be extended for a maximum period of three (3) days unless Shoppu in its sole discretion determines that a longer extension is appropriate or required.
9.3 If, for any reason, the Seller's bank account cannot be credited and/or the Seller cannot be contacted, Shoppu will use reasonable endeavours to contact the Seller using the contact details provided by him/her. In the event that the Seller cannot be contacted and the Buyer’s Purchase Monies remain unclaimed for more than twelve (12) months after they become due to the Seller, Shoppu will deal with such unclaimed Buyer's Purchase Monies in accordance with any applicable laws.
9.5 The Shoppu Guarantee is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the Shoppu Guarantee. The Shoppu Guarantee is neither intended nor designed to assist Buyer or Seller in complying with its own legal obligations, for which each party will remain solely responsible, and Shoppu accepts no liability in connection with the same. Without limitation, the Shoppu Guarantee does not constitute a product warranty.
9.6 Buyer and Seller acknowledge and agree that Shoppu’s decision (including any appeals) in respect of and relating to any issues concerning the Shoppu Guarantee is final.
9.7 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by Shoppu Guarantee.