Fuzzie Terms of Service

Effective as from 1 September 2020
  1. Background
  2. License restrictions
  3. Your use of the Fuzzie service
  4. Fuzzie Club and Fuzzie Credits
  5. Fuzzie Club referral programme
  6. Our legal obligations and limits on our liability
  7. General
  8. Termination
  9. Governing law
  10. Personal data and privacy
  1. Background

    1. About Fuzzie We are Fuzzie Collective Pte. Ltd., a company registered in Singapore with number 202008413D and with our registered office at 3 Pemimpin Drive #06-01, Singapore 576147 (“we”, “us” or “our”).
    2. What are these Terms of Service about? These Terms of Service ("Terms") are the governing terms pursuant to which we provide the Fuzzie websites, applications and associated services (the "Fuzzie Service") to you. By downloading any Fuzzie application, registering as a user for Fuzzie Service, accessing and/or using the Fuzzie Service, you acknowledge that you have read and understood these Terms, represent that you are of legal age to enter into a binding agreement, and accept and agree to these Terms. If you do not agree to these Terms, please do not download any Fuzzie application, register for, access or use the Fuzzie Service and immediately delete any Fuzzie application from you dervice(s). For the avoidance of doubt, in the event of any conflict between (i) these Terms and Privacy Policy and (ii) any specific terms; these Terms and Privacy Policy shall prevail over any specific terms.
    3. What is the Fuzzie Service? The Fuzzie Service is a service that allows users to purchase products, services and digital gift cards, discount coupons and other offers (we call them a “Fuzzie” or “Fuzzies”) from Merchants carrying or representing different brands. Unless specifically indicated or agreed to by the Merchant, Fuzzies are not valid in conjunction with any other discounts, deals, promotions, or loyalty/rewards programs.
    4. Will you change these Terms? We may change these Terms from time to time at our discretion, to reflect changes to the Fuzzie Service (including but not limited to changes to reflect the offering of additional services, or mandatory changes for legal or regulatory reasons). ‍We can update these Terms at any time without prior notice. If we modify these Terms, we will post the modification on the Fuzzie websites, applications, or services, which are effective upon posting. Continued access and use of the Fuzzie Service after any modification shall constitute consent to such modification. If you do not agree to the updated Terms, please do not access or use the Fuzzie Service.
  2. License restrictions

    1. What License Restrictions are there in connection with Fuzzie Service?
      1. You are not permitted to: (a) copy any Fuzzie Service or application, except as expressly permitted by Fuzzie; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of any Fuzzie application; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of any Fuzzie application or any part thereof; (d) remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Fuzzie application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Fuzzie application or any features or functionality of the Fuzzie application, to any third party for any reason, or (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting any Fuzzie application.
    2. What Reservations of Rights is associated with Fuzzie Service?
      1. You acknowledge and agree that any Fuzzie application is provided under license, and not sold, to you. You do not acquire any ownership interest in any Fuzzie application under these Terms, or any other rights thereto other than to use such Fuzzie application in accordance with these Terms. We reserve and shall retain our entire right, title and interest in and to any Fuzzie application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you under these Terms.
  3. Your use of the Fuzzie service

    1. What rules apply to account registration?
      1. You agree that you will not create an account for anyone else, or create more than one account for yourself.
      2. You are responsible for maintaining the confidentiality of your password and you are responsible for all activities that are carried out under your account. You agree to notify us immediately if you become aware of, or suspect any unauthorised use of, your account. Without limitation, we are not responsible if your account is lost, stolen or destroyed or used without permission.
      3. Without limitation, we are not responsible if a Fuzzie is lost, stolen or destroyed or used without permission.
      4. The Fuzzie Service is for both Singapore and international users (although depending on the Merchant, some Fuzzies are only redeemable in Singapore.)
      5. You should only use the Fuzzie Service if you are legally allowed to do so. You can send Fuzzies to users of any age (as long as you make sure that the Fuzzie is age-appropriate for the recipient).
      6. By creating an account with Fuzzie, you agree to receive promotion and marketing material from Fuzzie and the Merchants. Should you wish to stop receiving such promotional and marketing material you can elect to do so using the settings function for the Fuzzie application.
    2. What happens when you buy or receive a Fuzzie?
      1. The Fuzzie Service allows users to purchase Fuzzies for yourself or for other people.
      2. Each Fuzzie is redeemable for the product(s) or service(s) of the relevant third party merchants to whom the Fuzzie relates (the “Merchants”). We call these products and services the “Merchant Products”.
      3. You can make payment via the payment mechanisms specified on the Fuzzie Service platform from time to time. Payment via cash, cheque or other methods not specified on the Fuzzie Service platform is not accepted. You are responsible for any bank or payment processing charges that you incur (if any) when placing an order and any currency conversion costs associated with any payment.
      4. When you purchase a Fuzzie, acceptance of your order and completion of the transaction between you and us will be completed when we send you an email confirmation. Note that we may send you an interim email to confirm that we are processing your order – this confirmation email by itself does not constitute an acceptance of your order. We reserve the right not to accept your order where we reasonably believe that it or you do not comply with these Terms.
      5. Fuzzies are non-refundable and cannot be cancelled, other than in the case of system errors, as required by law or where we agree otherwise. Please contact us at support@fuzzie.com.sg. if you have any questions or concerns after you have purchased or received a Fuzzie. Fuzzie is not responsible for Merchant Products. If there is a problem with the Merchant Products, this is the Merchant’s responsibility and you should contact them directly.
      6. Each Fuzzie may only be used for the purchase or redemption of the applicable Merchant Products from the applicable Merchant at the location(s) specified on the Fuzzie. Fuzzies cannot be exchanged for other Fuzzies and are not redeemable for cash.
      7. As the buyer of a Fuzzie, it is your responsibility for ensuring that you provide accurate and complete details of the Fuzzie recipient, be it for yourself or someone else. We are not responsible for any failure to deliver a Fuzzie to the recipient where inaccurate or incomplete details have been provided.
      8. Fuzzies may be subject to expiry dates and other terms and conditions, which will be stated on the Fuzzie or otherwise notified to you when you purchase or receive the Fuzzie. The Fuzzie can only be used subject to those terms and conditions. Once a Fuzzie has expired, it is no longer redeemable and cannot be exchanged or refunded.
      9. Fuzzies are redeemable in their entirety only – they may not be redeemed incrementally or partially. If a Fuzzie is redeemed for less than the face value of that Fuzzie, there is no entitlement to a cash credit or replacement Fuzzie.
      10. The scope, variety, and type of services and products offered as part of Fuzzie Service and the Fuzzies that you may obtain under Fuzzie Service or by redeeming Fuzzie Credits can change at any time.
    3. What is Fuzzie’s role and what is the Merchant’s role?
      1. The Fuzzie Service is a platform that enables you to buy and receive Fuzzies and is provided to you “as is” and “as available”. We are not the seller or reseller of the Merchant Products and we do not accept any responsibility in respect of your relationship with the Merchant or the Merchant Products themselves. You acknowledge and agree that:
        1. links to third party websites, products or services are provided for your convenience;
        2. we do not control any third-party websites, products or services and are not responsible for their contents, functionality or performance;
        3. our provision of links and the availability of Fuzzies does not imply or constitute any endorsement of any third-party websites, products or services and should not be taken as a guarantee from us that such websites, products or services comply with applicable law, nor does it imply any association between us and the relevant third parties; and
        4. you will not involve us in any dispute between you and any third party (including Merchants) that relates to any such websites, products or services.
      2. The Merchant, and not us, is:
        1. the seller or reseller of the Merchant Products, so the Merchant may impose certain additional terms and conditions in relation to the Merchant Products, which you agree to comply with;
        2. solely responsible for enabling the redemption of any Fuzzie; and
        3. solely responsible for providing the Merchant Products, for ensuring that they comply with applicable laws; and
        4. solely responsible for, in accordance with the terms of your agreement(s) with the Merchants and for any returns, defects or customer service issues that relate to the Merchant Products. If, for example, there is a problem or defect with the Merchant Products, you should contact the Merchant directly.
    4. Your promises to us. You confirm that:
      1. all information and details provided by you to us (including on registration and thereafter) are true, accurate and up-to-date in all respects and at all times. You can update or correct your personal details at any time by amending your account details in the Fuzzie application.
      2. you will comply with the restrictions on your use of the Fuzzie Service as set out in these Terms and will not facilitate or encourage any breach of these Terms by anyone else; and
      3. in relation to any material submitted to or posted on the Fuzzie Service by you, that you have the right to do so and have obtained all necessary licences and or approvals and that the use of such material in connection with the Fuzzie Service does not and will not infringe the rights of any other person; and
      4. you agree not to exploit bugs in Fuzzie or to game the system to profit from us in a manner not intended by Fuzzie. Fuzzie, in our own discretion, has the right to claw back, withhold and keep any money you may have gained from an exploitation of the Fuzzie Service as described above.
      5. You agree that in using the Fuzzie Service you will not:

      6. provide any false information (either in relation to yourself or in relation to another person that you are purchasing a gift for);
      7. use the Fuzzie Service for any purpose that is contrary to applicable law or regulation (such as – but not limited to – privacy law and regulation);
      8. attempt to reproduce, sell, resell or trade a Fuzzie;
      9. use the Fuzzie Service in any way that interrupts, damages, impairs or renders the Fuzzie Service less efficient;
      10. transfer files that contain viruses, trojans or other harmful programs via or onto the Fuzzie Service;
      11. access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Fuzzie Service's security measures;
      12. email, post, contribute or otherwise disseminate any content or information which is defamatory, obscene, pornographic, malicious or misleading, or which incites violence or unlawful activity, or which may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise, or which is contrary to applicable law;
      13. use the Fuzzie Service for any purpose other than your own or other peoples’ personal, non-commercial use. Unauthorized modification or resale of any Fuzzie is strictly prohibited. Fuzzies if resold or bartered are void.; or
      14. collect other users' content or information or otherwise access the Fuzzie Service using automated means without our permission;
    5. What happens if you breach these Terms?

      If we reasonably believe that you have breached these Terms, we reserve the right to:

      1. suspend, restrict or terminate your access to the Fuzzie Service at any time without notice;
      2. suspend, restrict or terminate Fuzzies you have purchased via the Fuzzie Service. In some cases, your breach may render the applicable Fuzzie(s) void; and
      3. remove any content or information which you have posted through the Fuzzie Service,
      4. although the above actions will not limit our right to take any other action against you that we consider appropriate. Merchants may also be entitled to take certain actions against you, depending on the breach in question.

        You agree to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.

    6. The rights we grant to each other (and the rights we don’t)
      1. For content that you post on the Fuzzie Service that is subject to intellectual property rights (such as photos and videos), you grant us a worldwide, royalty-free, non-exclusive, transferable, sub-licensable license to use such content on or in connection with the Fuzzie Service (including by way of modifying, adapting, translating, distributing, publishing and creating derivative works from such content). This licence comes to an end when the content in question is deleted or your account is terminated, unless that content has been shared with others and they have not deleted it. You acknowledge and agree that removed content may persist in backup copies for a reasonable period of time.
      2. Your use of the Fuzzie Service and its contents grants no rights to you in relation to our intellectual property rights including, without limitation, copyright trade marks, logos, graphics, photographs, animations, videos and text, or the intellectual property of third parties in the Fuzzie Service and its contents. You will not use our intellectual property rights without our written permission.
      3. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Fuzzie Service or the computer codes of elements comprising the Fuzzie Service other than as expressly permitted under these Terms. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
      4. We reserve the right to remove or reclaim your username if we reasonably consider it appropriate (such as if your username is in breach of these Terms or infringes or may infringe the rights of any other person, such as trade mark rights).
  4. Fuzzie Club and Fuzzie Credits

    1. What fees do you have to pay to use Fuzzie Service? There are no fees to sign up as a user or activate your Fuzzie account. Fees are payable if you wish to become a Fuzzie Club member, as explained below.
    2. What is Fuzzie Club? Fuzzie club is a premium membership program that allows members who have paid fees to access special coupons and to purchase special Fuzzies (“Fuzzie Club”).
    3. What are you required to pay? You are required to pay for an annual membership pass (“Annual Pass”) that is valid for 365 days to access Fuzzie Club privileges and a monthly maintenance fee (“Monthly”). Specific amounts payable are as indicated to you upon creation, activation and/or use of your Fuzzie Club account (“Fuzzie Club Fees”).
    4. What are you required to pay? You are required to pay for an annual membership pass (“Annual Pass”) that is valid for 365 days to access Fuzzie Club privileges and a monthly maintenance fee (“Monthly”). Specific amounts payable are as indicated to you upon creation, activation and/or use of your Fuzzie Club account (“Fuzzie Club Fees”).
      1. The Fuzzie Club Fees shall be charged to the user’s credit card monthly. The Annual Pass fee is due on the 1st month and the annual anniversary of renewal of your Fuzzie Club membership and the Monthly Fee is charged on a thirty (30) day payment cycle. Fuzzie Club memberships are auto renewed at the end of the membership period. By signing up to Fuzzie Service you hereby authorise us to renew your membership at the end of the membership period automatically, unless you inform us otherwise.
      2. Failure to pay any Fuzzie Club Fees shall be treated as a breach of these Terms.
      3. Fuzzie Club Fees once charged are strictly non-refundable, even if your membership is terminated prior the end of the current billing cycle. In particular, the Annual Pass fee and the 1st month’s Monthly Fee of the initial and each annual renewed membership period is strictly not refundable under any circumstances.
      4. Any change in fees shall be notified to you prior to the effective date of such changes. If a member does not indicate, in the manner required, that he or she does not wish to continue with the membership after the change is effective, then the new fees shall be charged to the member’s credit card when the change is made effective.
    5. What are Fuzzie Credits? As a Fuzzie Club member, you may purchase credits or receive credits from successful referrals of new users to Fuzzie Service to avail premium offers on Fuzzie (“Fuzzie Credits”). Fuzzie Credits purchased and/or received are non-refundable, cannot be cancelled and cannot be cashed out, other than in the case of system errors, as required by law.  Fuzzie Credits have a six (6) month expiry date and must be used prior to expiry. You can extend the validity of existing Fuzzie Credits by either purchasing additional Fuzzie Credits or earning Fuzzie Credits from our cashback rewards. Upon successful crediting of additional Fuzzie Credits, existing Fuzzie Credits’ expiry will automatically roll over to a new expiry date to match the expiry date of newly purchased Fuzzie Credits.
  5. Fuzzie Club referral programme

    1. What is the Fuzzie Club Referral Programme? The Fuzzie Club Referral Programme (“ Referral Programme”) allows you, as a registered Fuzzie Club user to earn Referral Rewards in the form of Fuzzie Credits or as otherwise indicated (“Referral Rewards”) by referring new members to Fuzzie. You can earn Referral Rewards in the form of Fuzzie Credits which can be used towards the procurement of premium offers available as part of the Fuzzie Service.
    2. When will you receive Referral Rewards? You earn Fuzzie Credits if: (i) a referred person clicks on their referral link and/or code to create a valid Fuzzie account that complies with our Terms and Privacy Policy; and (ii) the referred person signs up and becomes a paying Fuzzie Club user and has paid for the requisite Fuzzie Club Fees. The referring Fuzzie Club user will be credited with the Fuzzie Credits described in the referral invitation or accompanying official promotional materials.
    3. How are Referral Rewards or Fuzzie Credits captured? Fuzzie Credits are automatically updated into your Fuzzie Service wallet, the details of which are accessible through the Fuzzie Service application.
    4. What are the “dos” and “don’ts” related to Referral Rewards or Fuzzie Credits? Fuzzie Credits cannot be earned by creating multiple Fuzzie Service user accounts. Fuzzie Credits accrued in separate Fuzzie Service user accounts cannot be combined into one account. If for any reason you believe that there is a discrepancy regarding your balance of Fuzzie Credits, please contact us. Fuzzie may require you to submit additional information in order to validate your balance. All decisions regarding your balance will be final and at Fuzzie’s sole discretion. You are responsible for any tax consequences, if any, that may result from your redemption or use of Fuzzie Credits. Where applicable, Fuzzie may be required to account for taxes on any Fuzzie Services for which the Fuzzie Credits are redeemed.
    5. Who should you share Referral Links with? Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as coupon websites, or social or commercial forums).
    6. Do my Referred users receive an incentive too? Referred persons that have signed up using a valid referral link may also receive Fuzzie Credits indicated in the referral invitation or accompanying promotional materials, depending on the specific terms in place for the Referral Programme as indicated in the Fuzzie application at the time of sign up.
    7. Who receives the Referral Reward when there are Multiple Referrals? A referred person may only use one referral link. If a referred person receives several referral links, only the corresponding Fuzzie Service user of the referral link used by the referred person will receive Referral Rewards.
    8. Can the Referral Programme be combined with other programs? The Referral Programme may not be combined with other specific referral programmes, programmes or Referral Rewards. If a referred friend receives referral links from multiple Fuzzie referral programmes, preference will be given to the Referral Programme.
    9. What is the effect of Severability? If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
    10. Who can terminate and/or make changes to the Referral Programme? Fuzzie may suspend or terminate the Referral Programme or a Fuzzie Service user’s ability to participate in the Referral Programme at any time for any reason. We reserve the right to suspend accounts or remove Referral Rewards if we notice any activity that we believe is abusive, fraudulent, or in violation of these Terms. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.
    11. What are your rights with regards to Updates to the Terms of the Referral Programme? We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the website, applications, or services, which are effective upon posting. Continued participation in the Referral Programme after any modification shall constitute consent to such modification.
  6. Our legal obligations and limits on our liability

    1. We try to keep the Fuzzie Service available, free from bugs and safe and secure but you use the Fuzzie Service at your own risk, and we do not guarantee that the Fuzzie Service will always be available, free from bugs or safe and secure.
    2. If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of any amounts which you have paid to us in connection with your use of the Fuzzie Service during the 12 month period immediately before the breach.
    3. Losses are foreseeable where they could be contemplated by you and us at the time of entering into these Terms.
    4. We are not responsible for:
      • losses or damages not caused by our breach of these Terms;
      • indirect losses or damages which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into these Terms;
      • loss of profits or loss of opportunity;
      • losses or damages relating to any content or information posted by other people on the Fuzzie Service;
      • losses or damages relating to any third party products or services advertised on or through the Fuzzie Service; and
      • failure to provide the Fuzzie Service or to meet any of our obligations under these Terms where such failure is due to Events Beyond Our Control.
    5. "Events Beyond Our Control"means any cause beyond our reasonable control which prevents us from providing the Fuzzie Service or fulfilling any of our other obligations under these Terms and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity, acts of God, default by any of the suppliers that help us to operate the Fuzzie Service, or compliance with any law or governmental order, rule, regulation or direction.
  7. General

    1. Social Networks. If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
    2. Notices. If we need to notify you under these Terms, we will do so, either within the Fuzzie Service itself (e.g. via a push notification, depending on your device settings) or by email to the email address which you have given for your account or via the Fuzzie Service. If you need to notify us under these Terms, please do so by email to support@fuzzie.com.sg.
    3. Transfer of these Terms.
      1. We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that in the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms to another legal entity, your only rights under or in connection with this Agreement will be against the new legal entity and not against us.
      2. These terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
    4. Your breach. If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms, at any time.
    5. Ineffective terms. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
    6. Third party rights. These Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer these Terms under section 4.3.
    7. Disputes. We will do our best to resolve any disputes over these Terms. We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings in relation to these Terms you must do so within Singapore. The laws of Singapore will apply.
  8. Termination

    1. These Terms will continue to apply to you until terminated by either you or Fuzzie as set out in these Terms (including termination for breaches detailed in above). However, you acknowledge and agree that the perpetual license granted by you in relation to user information, including feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Fuzzie may terminate these Terms or suspend your access to the Fuzzie Service, Fuzzie Club and/or your account at any time for any reason, including in the event of your actual or suspected unauthorised use of the Fuzzie Service, non-compliance with these Terms, or if we withdraw the Fuzzie Club membership and/or Fuzzie Service (in which case we shall provide you reasonable notice in advance of doing so). If you or Fuzzie terminate these Terms, or if Fuzzie suspends your access to Fuzzie Club, Fuzzie Service or your account, you agree that Fuzzie shall have no liability or responsibility to you, and Fuzzie will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate your account or these Terms at any time by giving us written notice of termination. To learn how to terminate your Fuzzie Service account, please contact us our customer support team at support@fuzzie.com.sg.
    2. Termination of Fuzzie Club membership does not affect your existing user account. You can continue to use the free sections of Fuzzie application and/or your wallet. You may use remaining Fuzzie Credits and redeem coupons already purchased prior to termination of Fuzzie Club membership.
    3. This section will be enforced to the extent permissible by applicable law.
  9. Governing law

    1. These Terms are governed by and construed in accordance with the laws of Singapore, without giving effect to any choice or conflict of law provision or rule (whether of Singapore or any other jurisdiction). Any legal suit, action or proceeding arising out of or related to these Terms shall be instituted exclusively in the courts of Singapore, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  10. Personal data and privacy

    1. Please see our Privacy Policy which contains important information about how we use your information.