Fuzzie TERMS OF SERVICE
Effective as from 1 December 2014
- 2.Your use of Fuzzie service
- 3.Our legal obligations and limits on our liability
- 5.Personal data and privacy
Howdy partner! Thanks for stopping by our Terms of Service. This is important stuff, affecting your democratic rights as the user. We know it’s been a long and hot day, so here’s an imaginary cup of chilled lemonade. Now let’s get down to business…
About Fuzzie. We are Fuzzie Pte. Ltd., a company registered in Singapore with number 201323087W, with our registered office at 3, Pemimpin Drive, #06-01, Singapore 576147 (“we”, “us” or “our”).
What are these Terms of Service about? These Terms of Service ("Terms") are the terms on which we provide the Fuzzie websites, applications and associated services (the "Fuzzie Service") to you. By registering for, accessing or using the Fuzzie Service, you agree to these Terms. If you do not agree to these Terms, please do not register for, access or use the Fuzzie Service.
What is the Fuzzie Service? The Fuzzie Service is a service that allows users to send digital gift cards (we call them “Fuzzie Cards”) from popular brands.
Will you change these Terms? We may change these Terms from time to time, to reflect changes to the Fuzzie Service (including if we offer additional services) or for legal or regulatory reasons. Unless we are unable to do so or the changes are minor, we will give you reasonable notice of any changes to these Terms, which may be by notifying you via email and/or by asking you to review the changes to the Terms the next time you access the Fuzzie Service. By continuing to use the Fuzzie Service after the date that the updated Terms come into effect, you agree to the updated Terms. If you do not agree to the updated Terms, please do not access or use the Fuzzie Service.
2. YOUR USE OF THE Fuzzie SERVICE
What rules apply to account registration?
You agree that you will not create an account for anyone else, or create more than one account for yourself.
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 a Fuzzie is lost, stolen or destroyed or used without permission.
The Fuzzie Service is for both Singapore and international users (although depending on the Merchant, some Fuzzies are only redeemable in Singapore.)
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).
What happens when you buy or receive a Fuzzie?
The Fuzzie Service allows users to purchase Fuzzies for other people
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”.
You can make payment via the payment mechanisms specified on the Fuzzie Service from time to time. Payment via cash, cheque or other methods not specified on the Fuzzie Service 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.
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 email to confirm that we are processing your order – this confirmation email 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.
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 firstname.lastname@example.org if you have any questions or concerns after you have purchased or received a Fuzzie. If there is a problem with the Merchant Products, this is the Merchant’s responsibility and you should contact them directly.
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.
As the buyer of a Fuzzie, it is your responsibility for ensuring that you provide accurate and complete details of the Fuzzie recipient. We are not responsible for any failure to deliver a Fuzzie to the recipient where inaccurate or incomplete details have been provided.
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.
Fuzzies are redeemable in their entirety only – they may not be redeemed incrementally. 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.
What is Fuzzie’s role and what is the Merchant’s role?
The Fuzzie Service is just a platform that enables you to buy and receive Fuzzies. We are not the seller 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:
links to third party websites, products or services are provided for your convenience;
we do not control any third party websites, products or services and are not responsible for their contents, functionality or performance;
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
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.
The Merchant, and not us, is:
the seller 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;
solely responsible for redeeming the Fuzzie; and
solely responsible for providing the Merchant Products, for ensuring that they comply with applicable laws and 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 with the Merchant Products, you should contact the Merchant directly.
Your promises to us. You confirm that:
You agree that in using the Fuzzie Service you will not:
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.
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
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.
provide any false information (either in relation to yourself or in relation to another user that you are purchasing a gift for);
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);
attempt to reproduce, sell, resell or trade a Fuzzie;
use the Fuzzie Service in any way that interrupts, damages, impairs or renders the Fuzzie Service less efficient;
transfer files that contain viruses, trojans or other harmful programs via or onto the Fuzzie Service;
access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Fuzzie Service's security measures;
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;
use the Fuzzie Service for any purpose other than your own personal, non-commercial use; or
collect other users' content or information or otherwise access the Fuzzie Service using automated means without our permission;
What happens if you breach these Terms? If we reasonably believe that you have breached these Terms, we reserve the right to:
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.
suspend, restrict or terminate your access to the Fuzzie Service at any time without notice;
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
remove any content or information which you have posted through the Fuzzie Service,
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.
The rights we grant to each other (and the rights we don’t)
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.
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.
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.
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).
3. OUR LEGAL OBLIGATIONS AND LIMITS ON Our LIABILITY
We accept liability for death or personal injury caused by our negligence or that of our employees and agents engaged in the operation of the Fuzzie Service. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
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.
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.
Losses are foreseeable where they could be contemplated by you and us at the time of entering into these Terms.
We are not responsible for:
"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.
- 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.
Social Networks. You may be able to link the Fuzzie Service to certain of your social network accounts (e.g. Facebook). Where you do so, you agree to only use the Fuzzie Service in compliance with the terms and conditions of those social networks. You also agree that, by linking the Fuzzie Service to your social network accounts, we may receive certain information about you and your contacts that is available on your social network account, and that we might publish some of your activities on the Fuzzie Service onto your social network account.
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 email@example.com.
Transfer of these Terms.
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.
These terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
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.
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.
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.
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.
5. PERSONAL DATA AND PRIVACY