NUTICK PTE. LTD, A Company incorporated under the Laws of Singapore having its registered office at 160 Robinson Road #14-04 Singapore Business Federation Centre, Singapore -068914 hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its representatives, administrators, permitted successors and assigns.) The creator of these Terms of Service ensures steady commitment to your privacy with regard to the protection of your invaluable information. This document contains information about the Website/Mobile Application www.nutick.com (hereinafter collectively referred to as the “Platform”).
- “We”, “Our”, and “Us” shall mean and refer to the Platform, mobile Application and/or the Company, as the context so requires.
- “User” shall mean and refer to natural and legal individuals and business houses who use the Website and who intend to seek information, contact or obtain the services or subscribe to the software designed by the company for creating a loyalty rewards programme for the end customers of the merchant. After applying for the subscription, the User has to registers on the Application portal to create the loyalty reward plan suitable for his business. The Users must be competent to enter into binding contracts, as per the laws of Singapore.
- “Services” refer to providing a Platform working on a SAAS model for Users to seek information on the loyalty program software designed by the Company, which shall be purchased by the User, and used for designing a loyalty points program for their end customers.
- “Third Parties” refer to any Application, company or individual apart from the User and the creator of this Website.
- The term “Platform” refers to the Website and Mobile Application which provides the Customer the facility to subscribe to the software and consequently register themselves to create a loyalty reward program suitable for their customers.
- The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
- The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.
The Company shall provide services on a SAAS model (Software as a Service Model) through the platform. The Company designs software which would enable Users to create a loyalty reward program for their customers with an aim to facilitate them to earn loyalty rewards through which the Users intend to ensure they have repeat customers and enhanced loyalty of customers towards their brands. The Customers can subscribe to the software and subsequently register on the application portal and create a loyalty reward program suitable for the customers of their business.
The Company also offers the Users new marketing tool for the digitally empowered customers. It allows the e-commerce companies to engage with the customers and earn their trust through using a customer survey tool. This helps to connect with the digitally empowered customers who believe in thorough verification and inspection before making any purchases online.
- Registration is mandatory for the Users to access the Services provided by the Company through the Platform. Users shall register themselves on the Platform by providing information including but not limited to business information such as E-mail id and contact number.
- The Users cannot link his Facebook or Google Profile to the Platform. The Registration and use of the Platform are presently free but charges can be levied on the same any time in future and the same shall be at the discretion of the Company. Presently Charges are incurred after subscription to the software depending on the plan availed by the User.
- Registration for this Platform is available only to those above the age of eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents.
- Further, at any time during the use of this Platform, including but not limited to the time of registration, the Users are solely responsible for protecting the confidentiality of their Username and password, and any activity under the account shall be deemed to have been done by them.
- The User represents and warrants that they are competent and eligible to do business and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.
- The User operates or represents a business which is active and performs activities or sells goods permissible under the Laws of the country.
- The Content displayed on the Platform that is created by the Company is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Firm and the copyright owner.
- The Platform reserves its right to suspend the account of any Customer for an indefinite period to be decided at the discretion of the Administrator, or to terminate the account of any Customer who is found to be promoting a business not legally permissible under the laws of the land.
- The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading. All the information of the business provided by the customer should be up to date and authentic.
SUBSCRIPTION TO BETA SERVICE
- The Company may offer certain service as open or closed Beta Services for the purpose of testing and evaluation.
- The User agrees that the Company has the sole discretion to determine the time and parameters for such testing and evaluation.
- The Company shall be the final deciding authority on converting the Beta services into commercial services.
- The User will be under no obligation to subscribe to a paid service, because they subscribed to the BETA service.
- The Company reserves the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to the Users.
- The User agrees that the Company will not be liable to the User or any third party for any losses or damages arising as a result of any modification, suspension or discontinuance of any of the Beta Services for any reason.
- Registration on the Platform is free of cost at present. However, in case of purchase of service, the Customer shall pay an amount for the subscription to the services availed through the Platform directly to the Company in any of the prescribed modes of Payment Methods
> Debit Card
> Credit Cards
> Amex Card
> Net Banking
> Online Payment Gateways: Stripe Payment Gateway
- The User(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. An additional processing charge of ___ would be levied on the payments made and the User agrees to the same. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
- The payment is processed through a third-party gateway and the User shall be bound by the third party’s terms and conditions.
- The User cannot seek a refund on the payment or cancellation of services made at any point of time as the user has the option of availing the services on a trial basis for a fixed period of time initially and only on being satisfied with trial makes payment for a subscription.
TERM & TERMINATION
- These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.
- A User may terminate their use of the Services and the Platform at any time.
- The Company may terminate these Terms and close a Customer’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
- Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
- It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
- The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
- The Platform also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other Users to the Platform.
- The Company reserves the right to limit, deny or create different access to the Platform and its features with respect to different Customers, or to change any of the features or introduce new features without prior notice.
- The Customer shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
- By using this Services and Platforms, and providing his/her identity and contact information to the Company through the Platform, the Users hereby agrees and consents to receive calls, e-mails or SMS from the Company and/or any of its representatives at any time.
- Customer can report to the Company any grievances or suggestions that they have through e-mail. If they find any discrepancy with regard to Service-related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
- USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User agrees and acknowledges that they are a restricted User of this Platform and that they:
- Agree to provide genuine credentials during the process of registration on the Platform. They shall use the services of the Company only with the intent of providing loyalty reward points to their customers and the same shall not be used for any other ulterior means.
- Agree to ensure the email address, address, e-mail i.d, contact information and any other information with regard to their services or organization provided to the Company are accurate and up-to-date.
- Agree that they are solely responsible for maintaining the confidentiality of their account password. The User has to notify the Company immediately of any unauthorized use of their account. We reserve the right to close your account at any time for any or no reason.
- Authorize the Platform to use, store or otherwise process certain personal information, Offer redemption’s, reviews and ratings, experience stories for personalization of Services, marketing, and promotional purposes and for optimization of User-related options and Services.
- Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform.
- Users expressly consent to not involve the Company in any dispute that arises between the User and the end Customer with regard to the issuing, addition or redemption of loyalty points.
- Agrees that they are using the services of the Platform and accessing the platform at their own risk with their prudent judgment and the Company or Platform shall not be responsible for any resultant losses suffered.
The User hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involving personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
By indicating User’s acceptance to purchase any service offered on the site, the user is obligated to complete such transactions after making payment. Customers shall be prohibited from indicating their acceptance to purchase services where the transactions have remained incomplete.
The User agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
The Users agree to provide authentic and true information. The Company reserves the right to confirm and validate the information and other details provided by the User at any point of time. If found to be false the User’s account shall be suspended.
The User agrees not to post any material on the website that is defamatory, offensive, obscene, pornographic, indecent, abusive, or needlessly distressful, or advertising any goods or services prohibited by the law. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
> belongs to another person or business and to which the Customer has no right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; but not limited to “indecent representation of women”;
> violates any law for the time being in force;
> deceives or misleads the other users
The User agrees to indemnify and hold harmless the Company, its directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses including but not limited to legal expenses arising out of or relating to any claims in the instance that the User has used the Services in violation of the rights of another party, in violation of any law, in violations of any provisions of the said Terms and Conditions, or any other claim related to your use of the Services, except where such use is authorized by the Company.
INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms.
Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
a. It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Singapore
b. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of Singapore.
The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts of Singapore.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to firstname.lastname@example.org
- Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
- Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at email@example.com.