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TERMS OF USE

PLEASE READ CAREFULLY

BY USING OUR SITE YOU ACCEPT THESE TERMS

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our websites at FRIENDCLUB.COM; sub-sites, and related sites and mobile apps (collectively “our site“), whether as a guest or a registered user or for any purpose whatsoever. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy. Our Cookie Policy, which sets out information about the cookies on our site.
  • our Terms of Sales, which sets out the terms relating to purchasing of goods and/or services from our site. When buying goods and/or services from our site, you must accept these terms governing the sales.
  • our Vendor Terms, governing the use of our site by our vendors.
  • our Affiliate Terms, which sets out our FRIENDCLUB.COM Affiliate’s terms and conditions.

ABOUT FRIENDCLUB.COM

FRIENDCLUB.COM is a site operated by FRIENDCLUB.COM (“We” or “FRIENDCLUB.COM“). We are a limited liability company incorporated in Singapore.

FRIENDCLUB.COM is an online international marketplace supply chain and community site that permits users to offer, sell and buy goods and services in a variety of pricing formats and locations; blog services; technology services; listing services for places and events and all applicable services  (collectively, the “Services“). Save as otherwise expressly stated, FRIENDCLUB.COM does not have possession of anything listed or sold through FRIENDCLUB.COM, and is not involved in the transaction or contracts between the buyers and sellers. The actual contract for sale is directly between the sellers and buyers using our electronic marketplace called FRIENDCLUB.COM marketplace through our site, and governed by our Terms of Sales.

Whilst we may provide pricing, shipping, product information, listing, and other guidance in our services and/or product certification and information, such guidance is solely informational and you have to make your own decision and enquiries.

FRIENDCLUB.COM does not review users’ listings or content. Also, while we may help facilitate the resolution of disputes through various programs, FRIENDCLUB.COM has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

USING FRIENDCLUB.COM

In connection with using or accessing the Services, you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, third party rights, or our systems, policies, or determinations of your account status;
    sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • fail to pay for items purchased by you without legal basis;
  • fail to deliver items sold by you, unless you have a valid reason, for example, the buyer fails to follow the posted terms or you cannot contact the buyer or you were given the wrong or inappropriate address;
  • manipulate the price of any item or interfere with other user’s listings;
  • post false, inaccurate, misleading, defamatory, or libellous content;
  • take any action that may undermine the feedback or ratings systems (see our FRIENDCLUB.COM Feedback policy);
  • transfer your FRIENDCLUB.COM Account and User ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm FRIENDCLUB.COM, or the interests or property of users;
  • use any robot, spider, scraper or other automated means to access our Services for any purpose;
  • bypass our robot exclusion headers, interfere or attempt to interfere with the working of our Services, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, modify, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from, content that belongs to or is licensed to FRIENDCLUB.COM, or that comes from the sites or Services and belongs to another FRIENDCLUB.COM user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of FRIENDCLUB.COM and/or any other party holding the right to license such use;
  • harvest or otherwise collect information about users without their consent; or
  • circumvent any technical measures we use to provide the Services.

If we believe you are abusing FRIENDCLUB.COM in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

FEES

Joining FRIENDCLUB.COM as a ordinary member is free. The fees we charge for using other Services are listed on the respective sections of our site. We may change our fees from time to time by posting the changes on our site 14 days in advance, but advance notice is not required for temporary promotions.

Unless otherwise stated, all fees are quoted in Singapore Dollars.

You must have a payment method on file when selling on FRIENDCLUB.COM, or put one on file before you next sell, and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us, retaining collection agencies and legal counsel, and, for accounts over 180 days past due, instructing PayPal to deduct the amount owed from your PayPal account balance. In addition, you will be subject to late fees. FRIENDCLUB.COM, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

ACCESSING OUR SITE

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We do not represent that content available on or through our site is appropriate or available in the country that you are accessing from. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site, you do so at your own risk.

YOUR ACCOUNT AND PASSWORD

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using our contact information or contact form in our website.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

All trademarks, service marks, trade names, trade dress, product names and logos appearing on the site are the property of their respective owners, and we do not have any claims over such rights.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made without prejudice to any rights and/or remedies we may have against you.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This website may include information and materials uploaded by other users of our site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please use our contact form in our site.

LIMITATION OF OUR LIABILITY

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited license to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you license).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not represent our views or values.

You are solely responsible for securing and backing up your content.

RIGHTS YOU LICENSE

When you upload or post content to our site, you grant the following licenses:

  • a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the services provided by our site and across different media. We may also wish to use the content to promote the site or the service
  • allows third parties (for example, other users, sellers, service providers, partners or advertisers) to use the content for their purposes or in accordance with the functionality of the site

COOKIE POLICY

Our website uses cookies to distinguish you from other users of FRIENDCLUB.COM. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
  • Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact us through our contact form in our site.

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

APPLICABLE LAW AND JURISDICTION

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Singapore law. You and we both agree to that the courts of Singapore will have exclusive jurisdiction.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Singapore law. We both agree to the exclusive jurisdiction of the courts of Singapore.

TRADE MARKS

“FRIENDCLUB.COM” and its associated mark is a trade mark of FRIENDCLUB.COM, be it registered or not.

VERSIONS

Current Version: v1.05
Date: 28 March 2017

Past Versions: 12 January 2021; 18 Sep 2016; 16 October 2016; 27 December 2016; 11 Jan 2017; 20 February 2017; 26 September 2023

 
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