This Terms of Services ("Agreement") is between you, the user, together with any company or other business entity you are representing, if any (collectively, "You"), and Takatack Technologies Pte Ltd. ("Takatack Technologies"). Takatack Technologies provides an online platform ("TackThis!") that enable merchants to build online stores through which they can sell their products and services online. Takatack Technologies may also provide merchant services, including (but not limited to) hosting of the online store, site design, email services, marketing services, search engine marketing, price comparison shopping services, keyword buying services, domain name registration, and other related services as may be offered from time to time (collectively, "Services"). This Agreement is effective upon the activation of Your account. Upon Your acceptance of this Agreement and the activation of Your account by Takatack Technologies, Takatack Technologies will grant You a limited license to use the TackThis! and will provide the Services You elected to receive, subject to the terms and conditions of this Agreement, including those terms and conditions that are set forth on the TackThis! website located at www.TackThis.com and affiliated websites ("Takatack Technologies Sites") and that are incorporated herein by reference and may be accessed through links in this Agreement. Please note that underlined words and phrases in this Agreement are links to pages on the TackThis! Site. By accepting this Agreement, You further agree to be bound by any amendments to the terms and conditions of this Agreement or to such terms and conditions as are incorporated herein by reference. Except as stated below, all amended terms shall automatically be effective thirty (30) days after they are initially posted on the TackThis! Site. Notwithstanding anything contained in the foregoing, this Agreement will not bind Takatack Technologies unless You meet the eligibility criteria for entering into this Agreement as set forth in Section 2 of this Agreement.
TackThis! Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the TackThis! Services are not available to minors. By completing the registration process, You represent that You are 16 years old or older. You represent that You are acting in Your professional capacity and not as a consumer. If You are concluding this Agreement on behalf of an entity, You represent that You have all required authority and power to bind the entity to this Agreement.
You will be asked to create a password when You register to use the TackThis!. In order to prevent fraud, You must keep this password confidential and must not disclose it or share it with anyone. If You know or suspect that someone else knows your password, You should notify us by contacting us immediately.
If Takatack Technologies has reason to believe that there is likely to be a breach of security or misuse of the TackThis! or Services, we may require You to change your password or we may suspend your account.
It is Your responsibility to provide and check the account and contact information, including a required valid e-mail address, that You provide to Takatack Technologies during the sign-up process. It is Your responsibility to inform Takatack Technologies promptly of any changes to Your account or contact information. Takatack Technologies has no responsibility for communications that are misdirected as a result of Your failure to provide Takatack Technologies with updated contact information.
TackThis! provided by Takatack Technologies, and all worldwide intellectual property rights therein, including copyright, database right, trade mark right, and all other right, title and interest therein, are the exclusive property of Takatack Technologies. All rights in and to the TackThis! not expressly granted to You in this Agreement are reserved by Takatack Technologies.
You acknowledge that the TackThis! and its structure, organization, and source code constitute valuable trade secrets of Takatack Technologies. Accordingly, except as expressly allowed under Section 4, You will not, either directly or through a third party, (a) modify, adapt, alter, translate, or create derivative works from the TackThis!; (b) distribute, sublicense, lease, rent, loan, or otherwise transfer the TackThis! to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the TackThis! or (d) transfer your interest in and to Your Store to any third party.
Subject to the terms and conditions of this Agreement, and upon Your election to use and pay applicable fees (if any) for certain features of the TackThis!, Takatack Technologies grants to You a non-exclusive, non-transferable, revocable, royalty-free license (without the right to grant sublicenses) to use and reproduce those trademarks provided to you by Takatack Technologies under this Agreement ("Takatack Technologies Marks"), solely in accordance with Takatack Technologies's Trademarks Use Policy, that is incorporated herein by reference and that Takatack Technologies may periodically change from time to time. Takatack Technologies grants no rights in the Takatack Technologies Marks. You acknowledge Takatack Technologies's exclusive ownership of the Takatack Technologies Marks. You agree not to take any action inconsistent with such ownership and You agree not to adopt, use, or attempt to register any trademarks or trade names that are confusingly similar to the Takatack Technologies Marks or in such a way as to create combination marks with the Takatack Technologies Marks. At Takatack Technologies's request (in its sole discretion), You will immediately discontinue any use and display of the Takatack Technologies Marks. You acknowledge and agree that, except with respect to the trademark license granted herein in and to the Takatack Technologies Marks, no licenses are granted by Takatack Technologies to any other trademarks, service marks, or trade names owned by Takatack Technologies.
Certain additional features that Takatack Technologies may make available to You may require access to and/or installation of additional TackThis! (including third party TackThis!) that is subject to supplemental or independent terms and conditions ("Additional TackThis!"). Similarly, Takatack Technologies may make available additional services (including third party services) that are subject to supplemental or independent terms and conditions ("Additional Services"). You agree that You will not use such Additional TackThis! or Additional Services unless You have agreed to and comply with the applicable terms and conditions, including but not limited to Your payment of additional fees as required. Depending on the available Services you elect to receive, You may be responsible for establishing and maintaining a commercial relationship with a financial institution or money transmitter such as a credit card processor, bank or PayPal/MOLPay/AliPay. The terms of any such relationship shall be between You and that entity and such terms may be more restrictive or place limits on the operation of Your Store - you should contact those entities for more information regarding such terms.
TackThis! may offer various plans to provide certain features or functionalities according to the plan signed up. Any changes or updated features will be shown in the plans at TackThis! website. If in the case the plan signed up is TackThis! Advocate, the following in this section shall be applicable to you in addition to the terms and condition set forth in this agreement:
All products obtained from the TackThis! website or any website associated with Takatack Technologies are products that are offered to you ("TackThis! Advocate") with a commission system which you will be entitled to a payout for each successful sale through your TackThis! widget, and are subject to the terms and conditions of Takatack Technologies and the participating product owners. Each payout is usually made available for cash out after each successful sale with a minimum amount of SGD10.
This Agreement incorporates by reference the legal terms and conditions set forth the specific TackThis! page for each product deal available and also the legal terms and conditions set forth on the TackThis! website. In the event of any conflict between these Terms of Service and any terms and conditions set forth on the TackThis! product deal page for a product itself, these Terms of Service shall prevail.
The holder and issuer of a product through the TackThis! widget is the Product Owner. As a holder and issuer of the product, the Product Owner is fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect you, whether caused in whole or in part by the Product Owner, as well as for any unclaimed property liability arising from unsold products.
Products are not redeemable for cash and have no cash value.
Product purchases are final and non-refundable.
Products are sold in their entirety only and may not be sold incrementally. You are not eligible for cash back or a credit for partial sales of a Product.
Neither Takatack Technologies nor the TackThis! advocate is responsible for lost or damaged products. The Product Owner is responsible to ensure the delivery of products in good condition unless stated otherwise.
Any attempted sales not consistent with these Terms of Service will render the Product sales null and void.
Void to the extent prohibited by law.
You acknowledge that Takatack Technologies does not collect taxes for remittance to applicable taxing authorities. The Product Owner is responsible for paying all applicable taxes to the relevant jurisdictions, including, but not limited to, sales and use tax and occupancy and room tax for any hotel Deal Promo Codes.
Products may be applied only to goods and/or services sold by Product Owner, and may not be applied to shipping or handling charges (unless otherwise specified).
Products for sale cannot be combined with any other gift certificates, third party certificates, vouchers, or promotions, unless otherwise specified by Product Owner.
Takatack Technologies is a partner of GoDaddy Inc., which is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for generic top-level domain names ("gTLDs") including .com, .net, .org, etc.
You acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all gTLD domain name registrations or renewals. You acknowledge that GoDaddy is a registrar bound by an agreement with ICANN. You agree that Takatack Technologies may modify this agreement in order to comply with applicable law and the terms and conditions set forth by the ICANN and GoDaddy, as well as any registration rules or policies that may be published from time to time by Takatack Technologies.
Takatack Technologies is a partner of dotPH, which is the official registry for the Philippines country top-level domain names ("cTLDs") including .com.ph, and .ph.
You acknowledge that you have read, understood and agree to be bound by all terms and conditions of dotPH, as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all PH cTLD domain name registrations or renewals. You agree that Takatack Technologies may modify this agreement in order to comply with applicable law and the terms and conditions set forth by dotPH, as well as any registration rules or policies that may be published from time to time by Takatack Technologies.
Takatack Technologies is, upon accepting your application to register or renew a domain name, your sponsor for that application. No domain name registrations or renewals shall be deemed effective unless and until the relevant domain name registrar accepts your application and activates your domain name. You will be entitled to a refund only if your application is unsuccessful.
You acknowledge and agree that Takatack Technologies does not guarantee that you will be able to register or renew a desired domain name, even if our systems indicate that domain name is available or you are able successfully submit the registration or renewal application. You also understand that Takatack Technologies cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other registry databases. You also acknowledge and agree that Takatack Technologies is not responsible for any inaccuracies or errors in the domain name registration or renewal process. YOU ARE SOLELY RESPONSIBLE FOR MAKING SURE THAT YOUR REGISTRATION OR RENEWAL HAS BEEN PROPERLY PROCESSED. You further acknowledge and agree that Takatack Technologies may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that Takatack Technologies is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name.
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate, and your contact information will be kept current; (b) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not use the domain name in violation of any applicable laws, regulations, or Takatack Technologies's rules or policies. You agree and acknowledge that it is your responsibility to determine whether your domain name registration or use infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights.
When registering a domain name with us, you will be designated as the registrant for the domain name, and the information from your TackThis User Profile will be used as the registrant details. You acknowledge that the registrant details are publicly retrievable via a WHOIS Directory.
The registrant of a domain name possesses all rights granted by Takatack Technologies under this Agreement to act with respect to that domain name and any other services obtained from Takatack Technologies for use with that domain name. These rights include (but are not limited to) the authority to terminate, transfer (where permitted by the Agreement), or modify such services, or obtain additional services.
IF A REGISTRANT TRANSFERS A DOMAIN NAME TO ANOTHER REGISTRAR OR TO A NEW REGISTRANT, THE TACKTHIS SERVICES ASSOCIATED WITH THAT DOMAIN NAME MAY TERMINATE FOLLOWING THE TRANSFER.
During the registration process or thereafter, Takatack Technologies will also designate an administrative contact. The administrative contact may be from Takatack Technologies, Voyager Innovations, or a Takatack Technologies-approved third party entity. The registrant agrees to delegate certain rights to the administrative contact, including managing the domain name, purchasing additional services and transferring the domain name registration to a different registrar.
All domain names registered through Takatack Technologies will be pointed to your TackThis shop as soon as the registrar makes the domain available for DNS configuration. If your shop is not ready to be made public, you are advised to switch your Shop Status to offline, and continue setting up your shop in preview mode.
Each domain name registration is for a two-year initial term, or as may be required by a particular registrar, and is renewable thereafter for successive two-year terms, as set forth during the renewal process. Any renewal of your Services with us is subject to our then-current terms and conditions, including, but not limited to, payment of all applicable Service fees at the time of renewal and the registrar's acceptance of such renewal.
Unless notified otherwise, TackThis’ system will assume an automatic renewal of your domain, subjected to renewal fees being paid within a grace period of 30 days before the expiration of your domain name. If a domain name is not renewed by its expiration date, the registrar will flag it for deletion. Once a domain name has been deleted you have a 30-day redemption window during which you may pay a redemption fee to redeem your domain name. The Redemption fee is subject to change under the terms of this agreement, and may vary depending on the terms set by the registrar. If the domain name is not redeemed prior to the end of the 30-day redemption period your domain name will be released and it will become available for registration through all domain name providers on a first-come-first-served basis. To transfer a domain name during the redemption period, you must first redeem the domain (at the current redemption fee) and then purchase a domain transfer at the transfer fee. The transfer fee may vary depending on the terms set by the registrar.
In the case of a domain name that has been transferred to Takatack Technologies as the registrant for any reason, Takatack Technologies retains the right to modify the contact information in the WHOIS record for such domain name registration to include Takatack Technologies's contact information, or Voyager Innovations’, or that of a Takatack Technologies-approved third party. In addition, we reserve all rights regarding such domain name registration including, without limitation, the right to (a) make the domain name registration available to other parties for purchase; and (b) to disable the DNS so that the domain name no longer resolves on the Internet, or to direct the domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other page that may include promotions and advertisements for, and links to, Takatack Technologies's Website, Takatack Technologies's product and service offerings, third-party Websites, third-party product and service offerings, and/or Internet search engines, as well as advertise the sale or auction of such domain name registration. We will reinstate any such Service solely at our discretion, and subject to our receipt of the applicable Service or renewal fee and our then-current reinstatement fee.
You acknowledge that you assume all risk and all consequences if you wait until close to or after the end of a Service term to attempt to renew such Service. If a Service is not successfully renewed prior to the expiration of its then-current term, all your rights to such Service will terminate, and we will have no obligation to allow you to renew a Service once its expiration date has passed, even if a registrar or third party service provider provides a grace period to Takatack Technologies upon expiration or termination of such Service. You acknowledge that post-expiration renewal or redemption processes implemented on your behalf are subject to our then-current fees.
Specifically, with respect to domain names, you acknowledge and agree that Takatack Technologies may, upon expiration or termination, assume ownership of the domain and elect, at its sole discretion, to: (i) delete the domain name, (ii) renew the domain name on behalf of a third party, (iii) sell the domain name; or (iv) otherwise make such domain name available to third parties. Any expired gTLD domain name that is not sold, renewed or otherwise made available to a third party will generally be deleted between 35 and 45 days from the expiration date.
In addition, upon expiration of a domain name registration, Takatack Technologies may elect, at its sole discretion, to disable the DNS so that the domain name no longer resolves on the Internet, or to direct the domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other page that may include promotions and advertisements for, and links to, Takatack Technologies's Website, Takatack Technologies's product and service offerings, third-party Websites, third-party product and service offerings, and/or Internet search engines, as well as advertise the sale or auction of the expired domain name registration. Additionally, you agree that we may modify the contact information in the WHOIS record for the expired domain name registration to include Takatack Technologies's contact information or that of a third party.
On the TackThis! web site, we may offer or allow third parties ("Third Party Providers") to offer You TackThis! applications or services related to the design, customization, set-up, marketing, promotion, or operation of Your store ("Third Party Applications" and "Third Party Services" respectively). Third Party Applications and Third Party Services are intended to interoperate with the Takatack Technologies applications and services but Takatack Technologies does not warrant or support Third Party Applications or Services, whether or not they are designated by us as "certified" or "approved" or some similar designation. Except as expressly stated in this Agreement, there is no requirement that You use Third Party Applications or Services.
Takatack Technologies reserves the right to change, amend and/or otherwise alter the Services provided with equivalent or otherwise equal Services without prior notice to You. You agree to receive administrative communications from Takatack Technologies in regards to the TackThis!, Services, Your account, policy changes, and system updates.
You will be solely responsible for the development, operation, and maintenance of Your Store, including accepting, processing and filing customer orders generated through Your Store, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through Your Store. You agree that Takatack Technologies has no obligation to back-up any data related to Your Store's operations and you should independently take appropriate steps to maintain such data in accordance with Your needs and requirements.
You will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling any and all Content displayed on or in connection with your Store, regardless of whether Takatack Technologies provides any design or customization Services to You under this Agreement, including all descriptions of the products and services You offer to customers of Your Store and user-generated Content on and related to Your Store. As a conduit, Takatack Technologies will give You complete discretion over Your Content, subject to the terms set out in this Agreement. Your Content must not infringe applicable laws or regulations and it must be compatible and interoperable with TackThis! and Services provided by Takatack Technologies under this Agreement. You retain all rights, title and interest in and to all intellectual property rights embodied in Your Content, exclusive of any content provided by Takatack Technologies. Notwithstanding anything contained in the foregoing, if You breach any of the covenants in Section 7.1 of this Agreement, Takatack Technologies is entitled to, without notice to you and at its sole discretion, suspend or terminate Your Store and/or any access to information or data related to Your account and the TackThis! in accordance with Section 14 of this Agreement.
You acknowledge that, by only providing You with the ability to publish and distribute Your own or third party products, services or Content, Takatack Technologies and TackThis! are acting only as passive conduits for the distribution and/ or publishing of such products, services or Content on the Store. Takatack Technologies has no obligation to You or any third party, and undertakes no responsibility, to review Your Store, the products or services listed therein or any other Content, including but not limited to user-generated Content, published and/or distributed on Your Store to determine whether any such product, service or Content may incur liability to third parties. Notwithstanding anything to the contrary herein, if Takatack Technologies believes in its sole discretion (as applicable) that Your Store or any products, services, Content or other materials in the Store or on Takatack Technologies Servers may create liability for Takatack Technologies, You agree that Takatack Technologies may take any actions with respect to the Content or materials or Your Store that Takatack Technologies believes are prudent or necessary to minimize or eliminate Takatack Technologies' potential liability.
During the period that Takatack Technologies provides Services to You pursuant to Section 5 of this Agreement, You hereby grant to Takatack Technologies, its affiliates and any service providers (including, but not limited to advertising and promotional partners) a non-exclusive, irrevocable, non-sublicenseable, royalty-free, worldwide license to reproduce, distribute, create derivative works of, transmit, publicly perform, publicly display and digitally perform Your Content solely for the execution of this Agreement.
You acknowledge that each search engine and directory has its own submission policy and ranking-calculation procedure. You also acknowledge and understand that after executing the submissions, Takatack Technologies has no control over when, whether or how Your web site appears in search engine results or directory rankings. Further, You know and agree that when You indicate in Your TackThis! account that you no longer wish that we submit your Content, it may take some time before the search engine and directory service providers execute this request.
You covenant that any products, services, Your Content, Your Store and Your related activities shall not:
Your failure to comply with the covenants set forth in Section 7.1 of this Agreement will amount to a breach of this Agreement and is cause for immediate suspension and/or termination under Section 14 of this Agreement.
All fees for the usage of TackThis! are subjected according to the pricing plan signed up at http://www.TackThis.com/. Fees referred herein do not include PayPal fees for using PayPal and its credit card payment gateway service. Takatack Technologies may change its Fees Policy and the fees for its Services from time to time. Unless otherwise stated, all fees are quoted in Singapore Dollars.
A valid PayPal account or Credit Card is needed to process orders using a live payment gateway. You agree that Takatack Technologies will make automatic collection of the Fees for the usage of Takatack Technologies's TackThis!. Takatack Technologies may also be issuing an invoice should there be cases where the required Fees are not collected.
All fees under this Agreement exclude all applicable sales, use, and other taxes and government charges, whether local or foreign, and You will be responsible for payment of all such taxes (other than taxes based on Takatack Technologies's income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement or from the access to or receipt of the TackThis! license or receipt of the Services hereunder.
PAYWHERE, ITS SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE TACKTHIS!, ADDITIONAL TACKTHIS!, SERVICES, AND ADDITIONAL SERVICES, ON AN "AS IS" BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. PAYWHERE, ITS SUPPLIERS AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE TACKTHIS!, ADDITIONAL TACKTHIS!, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 7 IS REASONABLE AND AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
UNDER NO CIRCUMSTANCES, SHALL PAYWHERE, ITS RELATED CORPORATIONS AND ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION AND/OR LOSS OF INFORMATION AND DATA, THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, OR ANY THIRD PARTY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN COUNTRIES WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGE, PAYWHERE'S (INCLUDING ITS RELATED CORPORATIONS' AND ITS AFFILIATES') LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH COUNTRY'S LAWS.
You agree to indemnify and hold Takatack Technologies, its suppliers, advertising and promotional partners, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys' and expert witnesses' fees) incurred or arising from: (a) any breach of the covenants in Section 7.1 of this Agreement, (b) any Content provided by You or generated by users of Your Store, (c) any claims arising from the sale or license of goods or services in Your Store, or (d) any breach of this Agreement or the documents it incorporates by reference. Takatack Technologies's, its suppliers', advertising and promotional partners', and service providers' indemnity rights shall not be limited or offset by any contributory negligence by Takatack Technologies.
Without limiting other remedies, Takatack Technologies may limit Your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate Your account or Your Store, in whole or in part, and refuse to provide some or all of the TackThis! functionality or Services to You if: (a) You breach the covenants in Section 7.1 of this Agreement; (b) You breach this Agreement or the documents it incorporates by reference in any other manner; (c) Takatack Technologies is unable to verify or authenticate any information You provide to Takatack Technologies; or (d) Takatack Technologies believes that Your actions may cause financial loss or legal liability for You, Your Store customers, or Takatack Technologies.
At the discretion of Takatack Technologies and for any reason set forth in Section 14 of this Agreement, Takatack Technologies may suspend Your account by deactivating any access by You or by Your customers to any information contained on the Takatack Technologies Servers related to Your account while maintaining the information and data related to Your account upon the Takatack Technologies Servers. Suspension shall specifically include the disabling of Your Store and/or any access to information or data related to Your account. In the event of any such suspension You will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days of the receipt of such notice the account may be terminated under Section 14.2 of this Agreement. Fees under this Agreement will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such fees during any such period of suspension.
This Agreement and all of its terms shall remain in full force and effect until it is terminated in accordance with the terms of this Agreement. This Agreement may be terminated either by Takatack Technologies (a) immediately as provided in this Agreement, (b) after a period of suspension as set forth in Section 14.1 of this Agreement, or (c) upon thirty (30) days written notice for any reason. You may terminate this Agreement upon thirty (30) days written notice. Your termination request may be recorded by Takatack Technologies and will require Your user name and password and verification code.
In the event of expiration or termination for any reason, the licenses granted under Section 4 of this Agreement shall automatically and immediately cease and You shall destroy all copies of the TackThis! in Your possession, if any. Termination shall not affect the rights of Takatack Technologies to recover from You losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or expert witnesses' cost or other costs of any kind under this Agreement.
This Agreement shall be governed in all respects by the laws of the Republic of Singapore without giving effect to any conflicts of law principles that would require the application of the laws of a different jurisdiction.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the TackThis!, the Services, Your Content, and Your listing and sale of products and services on Your Store.
You and Takatack Technologies are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except for the payment of any fees due and payable under this Agreement, neither party's delay in the performance of any duties or obligations under this Agreement will be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the control of the party.
If a dispute arises between You and Takatack Technologies, the goal is to provide You with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You agree that any claim or controversy at law or equity that arises out of this Terms and Conditions or our services (a "Claim") will be resolved in accordance with one or more of the subsections below or as You and Takatack Technologies otherwise agree in writing. Before resorting to these alternatives, You are strongly encouraged to contact Takatack Technologies directly to seek a resolution. You and Takatack Technologies will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
(a) Law and Forum for Disputes - You agree that any claim or dispute you may have against Takatack Technologies must be resolved by a court located in Singapore, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Singapore for the purpose of litigating all such claims or disputes.
(b) Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than S$10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) Improperly Filed Claims - All claims you bring against Takatack Technologies must be resolved in accordance with Section 15.6 of this Agreement. All claims filed or brought contrary to Section 15 of this Agreement shall be considered improperly filed. Should you file a claim contrary to Section 15 of this Agreement, Takatack Technologies may recover attorneys' fees and costs up to S$3000, provided that Takatack Technologies has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Takatack Technologies or to the email address You provide to Takatack Technologies during the registration process (in Your case). Notices by email shall be deemed to be given twenty four (24) hours after the email is sent. Notices by certified mail, which will be postage prepaid and with return receipt requested to the address provided to Takatack Technologies during the registration process, shall be deemed to be given three (3) days after the date of mailing.
"Confidential Information" means any information disclosed to You by Takatack Technologies, either directly or indirectly, in writing, orally, by inspection of tangible objects or by data feed or other electronic means, other than information that You can establish (i) was publicly known and made generally available in the public domain prior to the time of disclosure to You by Takatack Technologies; (ii) becomes publicly known and made generally available after disclosure to You by Takatack Technologies other than through action or inaction; (iii) is in Your possession, without confidentiality restrictions, at the time of disclosure by You as shown by files and records immediately prior to the time of disclosure; or (iv) consists solely of aggregated data which is not "Confidential Information" under this Agreement, provided that the aggregated data is presented in a manner that makes it impossible to identify the party or parties to whom the data relates.
You shall not at any time (a) disclose, sell, license, transfer or otherwise make available to any person or entity any Confidential Information You receive from Takatack Technologies; (b) use any Confidential Information received from Takatack Technologies; or (c) reproduce or otherwise copy any Confidential Information received from Takatack Technologies, except as necessary in connection with the purpose for which such Confidential Information is disclosed to You or as required by applicable law. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. All Confidential Information shall at all times remain the personal property of Takatack Technologies and all documents, electronic media and other tangible items containing or relating to any Confidential Information shall be delivered to Takatack Technologies immediately upon ProStore's request.
You shall not assign, transfer or delegate this Agreement or any rights or obligations hereunder. Any assignment, transfer or delegation in contravention of the foregoing provision shall be null and void. You agree that this Agreement may be assigned by Takatack Technologies, in Takatack Technologies' sole discretion.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In such case, Parties will include one or more new provisions in the Agreement, which enables them, if possible, to reach the same or a similar result as envisaged by the stricken provision. Takatack Technologies's failure to act with respect to a breach by You or others does not waive Takatack Technologies's right to act with respect to the breach or with respect to subsequent or similar breaches.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. When used in this Agreement, the term "including" means "including without limitation," unless expressly stated to the contrary.
This Agreement (and any terms and conditions incorporated by reference herein) sets forth the entire understanding and agreement between You and Takatack Technologies with respect to the subject matter hereof. In the event of any conflict between or among the main Agreement and the terms and conditions incorporated by reference herein, the main Agreement (Sections 1 to 15 set out above) will prevail.
We may update these terms from time to time as our service evolves. If we make any material changes to these terms that affect your shop, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on our platform prior to the change. We encourage you to periodically review this page for the latest information on our terms of service.
This Terms of Service was last updated on 11th September 2015.
If you have any questions about our terms of service, you can send an e-mail to firstname.lastname@example.org or contact us via mail at the address below:
Takatack Technologies Pte Ltd
Attn: Terms of Service
71 Ayer Rajah Crescent