Terms of Service
These Terms of Service (hereinafter referred to as the “Terms”) govern your use of the websites, mobile applications and services (hereinafter referred to collectively, as the “Services”) provided by Asprin Pte Ltd (of company registration number 201727310R, hereinafter referred to as “Asprin”).
Please read these terms very carefully before using the Services, including as part of the Services, the website https://arcade.sg (hereinafter referred to as the “Website”). You acknowledge and agree, by using the Services in any manner, including without limitations visiting or browsing the Services and/or the Website, that you are indicating that you have read, understand and agree to be bound by these Terms.
These Terms applies to all users of the Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, then the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context otherwise does not permit.
Asprin reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here or are made publicly available through any other medium.
2. Use of the Services
Subject to your compliance with these Terms, Asprin grants you a limited, non-exclusive, revocable with or without cause, non-transferable right and license to use the Services.
You acknowledge and agree that you shall use the Services in accordance with these Terms and shall not:
- Upload any Content (as defined in clause 6) that violates or infringes any third party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
- Upload any Content that can reasonably be deemed to be offensive racially or ethically or otherwise, illegal, indecent, sexually explicit, obscene, insulting, abusive, threatening, harassing, defamatory, libellous, deceptive or misrepresentative, fraudulent, profane, gender-biased, invasive of another party’s privacy, exploitative, or promoting bigotry, sexism, hatred or physical harm of any kind against any group or individual.
- Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
- Commit any act to avoid paying any applicable fees and/or charges, or to benefit financially through illicit, unintended or unorthodox means whatsoever.
- At any time, use or attempt to use the Services and/or the Website with the purpose of impersonating another user or person.
- Do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any persons using the Services and/or the Website or in respect of the network.
- Do anything whatsoever which shall or is likely to have a detrimental impact to other users’ experience of their use of the Services.
- Use any forms of automated programmes, software, scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
- Upload to, or transmit through the Services any data, file, software or link that contains or redirects to any malicious source or content, such as a virus, Trojan horse, worm or any other forms of malware or other harmful components.
- Copy, decompile, reverse engineer, disassemble, derive, or attempt to copy, decompile, reverse engineer, disassemble or derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
- Make or attempt to make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
- Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
- Use the Services for any purpose for which it is not designed or intended.
- Use the Services to create or promote a product, service or software that is, directly or indirectly, deemed a competition of, or in any way a substitute for the Services or any services, product or software offered by Asprin.
- Use any proprietary information or interfaces of Asprin, or any other intellectual property of Asprin in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
- Collect any information in respect of other users without their consent.
- Remove, alter or obscure any proprietary information or notice, including any notice of copyright and trademark, of Asprin or its affiliates, partners, suppliers or licensors.
- Authorise or encourage anyone to do any of the foregoing, or to commit an act that may result in a breach of these Terms.
For the avoidance of doubt, Asprin’s obligations shall be limited only to the provision of the Services and do not, in any way, include or constitute, acting on any user’s behalf. Nothing in these Terms is intended to, or shall be construed or deemed to, establish any partnership or joint venture between you or any users and Asprin, appoint either party as the agent of the other, nor authorize either party to make or enter into any commitments for or on behalf of the other party.
Asprin may from time to time add, modify, suspend or cease, whether temporarily, permanently or otherwise, the provision of any element of the Services upon notice to you or otherwise notice made publicly available, such as through the Services or the Website.
Asprin shall have no obligations to notify you in the event of an unplanned service downtime. In the event of a planned service downtime in respect of the Services and/or the Website, Asprin shall use reasonable endeavours to notify you in advance provided Asprin is able to do so.
You hereby indemnify Asprin for all losses, liabilities, costs and expenses, including but not limited to legal costs, suffered or incurred by Asprin which arise directly or indirectly from a breach by you of this clause 2.
In order to enjoy or make use of certain key features of the Services and the Website, you will need to create an account with Asprin (hereinafter referred to as “Account”). When you create an Account with Asprin, you represent and warrant that:
- If you are an individual, you are at least 18 years of age and capable of entering into and performing legally binding contracts under Singapore Law.
- If you are representing a registered business, company, organization or any other legal separate entity (hereinafter referred to as “Entity”), you have the authority and capacity to bind the Entity to these Terms.
- All information which you provide is truthful, accurate, complete and up-to-date.
If you are under 18 years of age, you may only use the Services with the consent, and under the supervision of, your parent or legal guardian who shall be responsible for all your activities.
You are solely responsible for all activities under your Account. In creating an account, you acknowledge and agree that you shall keep your password secured and you shall keep your account information accurate and up to date at all times.
You acknowledge and agree that you shall comply with the Terms and any relevant Asprin policies, and all applicable laws with respect to your activities and the Content which you upload, transmit, share, list, or post to the Services and communicate with other users of the Services.
You shall not set up multiple Accounts, nor transfer or sell your Account or user ID to another party. You shall not use another party’s Account without their explicit permission.
4. Fees and Payment
You may, from time to time, choose to purchase certain features or services while using the Website or other aspect of the Services. Depending on the type of feature or service you choose to purchase, you may be charged listing or advertising fees, subscription fees, or charged for the purchase of Arcade Dollars, whether manually purchased or purchased via an auto-recharge function or otherwise, and/or any other such fees and charges otherwise as applicable in relation to the use of your Account or the Services (hereinafter collectively referred to as the “Service Fees”).
You may pay for these Service Fees using a credit card, debit card, cheque, by way of telegraphic or other means of electronic funds transfer, or any other such methods as may be made available to you on the Platforms (as defined in clause 8) or as may be notified to you from time to time.
You acknowledge and agree that:
- in the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each scheduled or periodic recurring payment is due, whether monthly, quarterly, annually or otherwise;
- for payments by credit card, your credit card account must be in good standing and remain valid for the Fees to be debited successfully;
- the onus is on you to maintain accurate, up to date and valid payment information on the Platforms if such payment information is your nominated method of payment;
- in the event of an unsuccessful payment for any subscription-based services on periodic recurring payment, such services will automatically be suspended and/or terminated if such payments are not received within ten (10) days from the due date;
- in the event of an unsuccessful payment for an auto-recharge enabled purchase, that the transaction for such purchases, typically for Arcade Dollars, will not be completed and certain features or services may thereby be unsuccessfully uploaded or disabled due to insufficient balance of Arcade Dollars or due to non-payment or otherwise;
- all Fees and other charges paid by you to Asprin with respect to your Account or otherwise for your access to and use of the Services, are strictly non-refundable. For the avoidance of doubt, there will be no refunds of any Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms; and
- in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. Asprin reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us.
4.1 Listing Fees and Charges
You may be charged a listing fee in accordance with Asprin’s prevailing listing rates and charges, whether in Singapore Dollars, in Arcade Dollars or otherwise, which can be found in this article and forms a part of these Terms.
You acknowledge and agree that:
- Asprin does not in any way whatsoever, represent, warrant or guarantee that any Fees paid or payable will lead to another person or user of the Services to view, offer, enquire and by extension, lead to a sale of such product, item or service;
- there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms; and
- all listings, free or paid, may automatically be “shelved”, after a predetermined period of time, and you are responsible for refreshing each of such shelved listings in order for them to be active and to be available for browsing to the public domain.
4.2 Auto-Recharge Function
You may decide, during the use of the Services, the Website, or any of Asprin’s Platforms, to enable auto-recharge functions (hereinafter referred to as “Auto-Recharge”) to automatically top up the Arcade Dollars balance you have in your account with us in order to use the Services seamlessly. In order to enable such function, you are required to select and set certain information, including without limitations, information such as method of payment, fall below value before an auto-recharge is triggered, and amount of Arcade Dollars to purchase.
By setting up and enabling Auto-Recharge, you agree to be bound by this clause 4.1 and you authorize us to charge such Fees to your nominated method of payment, typically a credit card, each time the Auto-Recharge is triggered based on your settings.
Auto-Recharge will only charge your selected payment mode when the conditions of your Auto-Recharge settings are satisfied. No other charges will be applied.
It is your responsibility to ensure that your selected payment mode remains valid and in good standing, and that all details of the payment mode is accurate and up to date.
In the event that an Auto-Recharge triggered payment is unsuccessful, your account will not be credited with the predetermined number of Arcade Dollars as set in your Auto-Recharge settings, and this may result in certain features on the Services becoming unavailable to you.
You hereby acknowledge and agree that Asprin shall not be liable for any loss or damage arising from and any costs incurred in connection with:
- Asprin being unable to charge your selected payment mode successfully for any reasons whatsoever;
- any unsuccessful payment by you as a result of a failure by you to maintain accurate and up to date payment information; and
- any Variation to this clause 4.1 at Asprin’s discretion.
You hereby acknowledge and agree that all Fees charged to your selected mode of payment in accordance with your Auto-Recharge settings are non-refundable, and Asprin shall not accede to any requests for any reversal of charges made, or request to recharge any Fees to a different payment method.
5. Asprin Providing a Platform
The Services owned, managed and provided by Asprin is a platform for its users to list products or services for sale, to browse for products or services to purchase or procure, to interact with one another, and from time to time as well to obtain certain information. Asprin does not verify, vet, authenticate, or pre-screen a user and the Content provided by a user, nor is Asprin directly or indirectly a party of, or involved in, any transactions between any users. Consequently, Asprin has no control over, and you acknowledge and agree that Asprin is not responsible or liable for, any of the following:
- the quality, safety, legality or condition of any aspect of the items or services listed.
- the truthfulness, accuracy or completeness of the listings.
- the legal rights or ability of sellers to sell items listed by them.
- the ability of buyers to pay for items.
- any Content posted, listed, uploaded, transmitted or otherwise shared by users.
You are advised to exercise sound judgement in your interactions with other users, and in your interpretation of such information as may be provided by other users. While Asprin endeavours to keep the Services safe for everyone, your use of the Services is entirely at your own risk.
The Services allow users including you, to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”).
You acknowledge that Asprin does not vet, verify, authenticate or pre-screen any Content uploaded by users including you. Asprin shall have the right, but not the obligation, in its sole discretion to refuse, delete or move any Content, in whole or in part, that is available on the Services. Without limiting the foregoing, Asprin shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:
- If the Content is in breach of these Terms.
- If Asprin has received a complaint or notice of infringement in respect of the Content.
- If the Content is otherwise objectionable.
Asprin may also block Content and the delivery of a communication, including without limitation, feedback, listings, postings, messages and/or chats, to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.
You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.
7. Selling and Buying on the Services and the Website
In using the Services to create a listing and offer an item or product for sale or offer a service (as the case may be), you agree to comply with the following:
- All listings, items, products or offer of service must comply with these Terms.
- You warrant and represent that all Content and relevant information provided in your listings shall be fair, accurate, complete and up to date, this including without limitations, your price for such item, product or offer of service. At any time when it is made known to you any such Content or information in your listings are incorrect, incomplete, inaccurate or out of date, you must immediately take necessary actions to rectify such information.
- All listings must be correctly classified in the appropriate categories
- You shall ensure that all Content provided and listed on the Services contains sufficient information to allow an interested party to make an informed decision in relation to purchasing or procuring such products, items or offer of services in question.
- Your listing may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading or misrepresentative in any manner whatsoever.
- Any links included in your listing shall strictly only lead to your personal or corporate website and must not include any links to third party websites.
- Each item, product or offer of service must have its own listing.
You acknowledge and agree that Asprin has no control over any website other than the Website and shall not in any event be responsible or held liable for any expired listings which appears on any website other than the Website or any expired listing which is retrieved by any search engine.
Without prejudice to the rest of these Terms and any other relevant Asprin policies, you warrant, in respect of each item, product and/or service which you offer for sale on the Services (as the case may be), that:
- You are the legal owner of the item, and the item is not stolen.
- The item is not counterfeit and does not infringe upon any third party's copyright,
- patent, trademark, trade secret or other proprietary or intellectual property rights.
- The sale of the item complies with all laws and regulations which apply to that item.
- The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
- The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.
- You shall not alter the item’s price after a sale has been agreed with a buyer.
If you are a buyer, you are advised to exercise sound judgement when relying on information accessible and found on the Services and the Website, whether provided by other users, Asprin or otherwise.
While using the Services for the purchase or sale of an item (each a “Transaction”), you may obtain personal information of another party or user of the Services, such as their contact number, mailing address, and identity number. Without obtaining their prior explicit permission, you shall use such information solely for the purpose of the Transaction.
Notwithstanding the above, you agree that Asprin is not involved in Transactions which are considered solely between users, and Asprin cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.
As a user of the Services, you acknowledge and agree that it is entirely your responsibility to ensure you enter into any necessary contractual agreements or arrangements with a buyer of your products, items, or services if you are acting as a seller, or with a seller if you are a buyer of such products, items or services. The terms of any such contractual agreements shall be negotiated and agreed between you and the other party to the transaction (each a “Transaction Party”, and collectively the “Transacting Parties”) directly. In the event there is a dispute the Transacting Parties, whether in relation to the contractual agreement or otherwise (collectively, a “Dispute”), you agree that Asprin is not liable for any loss or damage suffered by you resulting from such Dispute and you hereby hold Asprin harmless from any such loss or damage or liability arising from any such Dispute.
You hereby indemnify Asprin against all losses, liabilities, costs and expenses, including without limitations, legal costs, suffered or incurred by Asprin which arise directly or indirectly from any Dispute, or any breach of these Terms.
8. Arcade Dollars
From time to time, you may wish to use certain features of the Services and the Website that requires that you purchase Arcade Dollars. If you choose to purchase Arcade Dollars, the following additional terms and conditions as set out in this Clause 8 shall apply to you.
Arcade Dollars are regarded as a single-purpose stored value facility (“SVF”) under Singapore law. Asprin Pte Ltd, the holder of the Arcade Dollars SVF, does not require the approval of the Monetary Authority of Singapore (“MAS”). You are advised to read these additional terms and conditions carefully.
8.1 General Terms
Arcade Dollars is a form of pre-payment only for the goods and services offered by Asprin Pte Ltd through the Website https://arcade.sg, and all related domains and sub-domains, as may be amended or updated by us from time to time and/or any Asprin mobile application software, including all its features and content and the services that Asprin makes available on or through it, and any and all updates, upgrades, supplements, enhancements and releases thereto as may be provided by us from time to time (collectively, the “Platforms”). Asprin reserves the right to:
- limit the use of any Arcade Dollars; and/or
- reject any request to purchase Arcade Dollars,
- Arcade Dollars can only be used in the jurisdiction, country or territory it was purchased in and are non-transferrable across borders or jurisdictions.
- Arcade Dollars may be purchased by you or allocated to you by Asprin. Arcade Dollars do not have an expiration date, unless otherwise stated in the relevant terms and conditions at the point of purchase and/or allocation (the “AD Validity Period”). Notwithstanding the foregoing, Asprin reserves the right to deem Arcade Dollars as expired and thereafter, forfeit and remove such expired Arcade Dollars from your account, in any of the following events: (i) your Account has been inactive and not logged in or signed in to for a period of more than twelve (12) months, in which case Asprin shall use reasonable endeavours to provide prior notice to you that your Arcade Dollars, if any, is due to be forfeited soon; or (ii) your Account or any of the activities conducted by you is found to be in breach of these Terms. Thereafter, the Arcade Dollars shall be deemed expired and will be cancelled and removed from your account immediately without further notice. Asprin reserves the rights to deal with, handle and manage expired Arcade Dollars in such manner as it deems fit in its absolute discretion. You hereby acknowledge and agree that you shall have no claim whatsoever against Asprin for any expired Arcade Dollars. For the avoidance of doubt, any such expired Arcade Dollars are non-refundable.
- Arcade Dollars are not for resale, and unless required by law, are non-refundable and may not be exchanged and/or redeemed for cash or other cash equivalent under any circumstances. For the avoidance of doubt, there will be strictly no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.
- Asprin reserves the right to correct the balance of your Arcade Dollars in your Account if we reasonably believe that an error, including clerical errors, has occurred the balance is thereafter incorrect as a consequence of such error. Asprin may also, at its discretion, allocate free Arcade Dollars to you at no cost to you, subject to any prevailing and/or additional terms and conditions. Asprin reserves the rights to withdraw, retract, amend and/or alter any part of or the whole terms and conditions that such free Arcade Dollars are subjected to, at any time without giving prior notice or compensation in cash or in kind.
- You are responsible for all transactions made in relation to and involving Arcade Dollars, authorized or otherwise.
- Notwithstanding clause 8.3, the maximum amount of Arcade Dollars you may hold at any given time shall not exceed S$3,000 in value.
8.2 Purchase of Arcade Dollars
Arcade dollars may be purchased by means of a credit card, debit card, by electronic means of transfer, or any other means or method as may be made available on the Platforms or as may be notified to you from time to time.
8.3 Stored Value of Arcade Dollars in Your Account
Unless otherwise expressly permitted by Asprin and subject to the terms and conditions of this clause 8.3, your Account shall not be allowed or able to contain stored value of more than S$3,000.
You acknowledge and agree that Asprin shall have the right, but not the obligation, to permit you to hold stored value in your Account of more than S$3,000 provided where Asprin or any other third parties appointed by Asprin for the purposes thereof, shall:
Perform, and you shall cooperate and assist in the performance of, required due diligence exercises on you, pursuant to the requirements of MAS Notice PSOA-N02 issued by the MAS, including but not limited to, the establishment and verification of information, obtained from reliable and independent sources and retention of such information and reference documents if any, in respect of the following:
- where you are representing an Entity, the identities of all directors, partners, and persons having executive authority as if such persons were themselves a user;
- your identity, as well as identity and authority of any agent and/or natural person appointed by you to act on your behalf in relation to your Account; and
- the existence of any beneficial owner in relation to your Account and if so, the identity of each such beneficial owner;
- upon each request for a purchase, top-up and/or redemption of Arcade Dollars (“Arcade Dollar Transaction”), review earlier Arcade Dollar Transactions to ensure that the current Arcade Dollar Transaction is consistent with such earlier Arcade Dollar Transactions, with special attention to unusual, complex or unusually large Arcade Dollar Transactions; and
- maintain records of all information identifying you, your Account information, business correspondences, and information needed to explain and reconstruct any Arcade Dollar Transaction relating to your Account for a period of at least six (6) years following termination of your Account or any such time period as may be required by law.
9.1 Collection and Use of Personal Information
We may request and collect personal information in, including without limitations, the following situations:
- When you create an Account with us, make a purchase on or use of certain features on any of our Platforms, download software updates published by Asprin, contact us or participate in any surveys, promotions, lucky draws, or campaigns, whether on or off line, we may collect a variety of information including without limitations your name, mailing address, national identity number (in whole or in part), date of birth, profile photos, gender, contact information and credit card information.
- When you choose to connect your Account with an external third party service or application, such as Facebook.
Collecting and storing your personal information allows us to keep you posted on Asprin’s latest products and developments, software updates, events, and pieces of news that might interest you. You have the option of opting out of our mailing list at any time by updating your preferences in your Account settings.
We may also use your personal information in, including without limitations, the following situations:
- We may use personal information to help us create, operate, deliver and improve our products and service offerings, content, and for anti-fraud purposes.
- We may use your personal information, including your date of birth, to verify identity and assist with identification of users.
- From time to time, we may use your personal information to send important notices, such as communications about your purchases, information of interest that is specifically requested by you through the use of our Services, and changes to our terms, conditions, and policies. Because this information is important to your interaction with Asprin, you may not opt out of receiving these communications.
- We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Asprin’s products, services, and user communications.
- If you participate in any surveys, promotions, lucky draws, or campaigns, we may use the information you provide to administer these programmes.
9.2 Collection and Use of Non-Personal Information
We also collect data in a form that does not, on its own, permit directly any association with any specific individual. We may collect, use, transfer and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
- We may collect information such as occupation, language, referrer URL, location and time zone so we can better understand user behaviours and improve our product and service offerings, content and overall user experience.
- We may collect and store details of how you use our Services, the Website and the Platforms, including search queries. This information may be used to improve the relevancy of results provided by our Services. Except in limited instances to ensure quality of our Services over the Internet, such information will not be associated with your IP address.
At any time in the event that such non-personal information is combined and used collectively with personal information, the combined information shall be treated as personal information for as long as it remains combined.
9.3 Cookies and Other Technologies
These information helps us to make your experience while using our Services more personal and convenient. For example, knowing that a user have shopped or searched for a particular type of product allows us to bring to your attention similar or alternative types of products that may interest you each time you visit or use the Services.
If you wish to disable cookies, you can check with your browser provider to find out how. Please take note that disabling cookies may consequently make certain features on the Services, the Website and the Platforms unavailable.
We may, from time to time, send email messages with a “click-through URL” linked to specific contents on the Services. These URLs when clicked may pass you through a separate web server before arriving at Asprin’s destination page on the Services. In the event that such URLs are click-through URLs, we track these click through data to analyse general and specific preferences and interests in particular topics, and to measure the effectiveness of our user communications. If you prefer not to be track in this way or participate in such data collecting activities, you should not click these links contained in our email messages.
9.4 Who We Share Your Information With
At times Asprin may make certain personal information available to strategic partners that work with us to provide or improve our products and services, or that help us market to users. Personal information will only be shared by Asprin to provide or improve our products, services and the way we reach out to you; we absolutely respect your privacy and we will not sell to third parties for their marketing or any other purposes whatsoever.
Other situations where we may share information about you includes the following:
- When you register for an Account, the information which you make available on your profile may be viewed by other users of our Services. These other users would also be to view the content you upload and share on our Services.
- We may also share the information with our affiliates and with third party service providers who assist us in performing certain aspects of our Services on our behalf, such as processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data, providing support services or in other tasks. Such service providers will only have access to your personal information to the extent necessary to perform their functions.
- In the event of a merger, sale or reorganization, we may disclose personal information, in whole or in part, to the relevant third party or otherwise for the purposes of furthering and growing our business.
- We may disclose your personal information if required to do so by law or if we believe it is necessary to do so to prevent fraud or other crimes and illegal activities, in the interest of national security, to protect our Services or the rights, property or personal safety of any persons, or for any other issues of public importance.
- We may also disclose information about you if we reasonably believe or determine that disclosure is necessary to enforce these Terms or protect our operations or users.
9.5 Protection of Your Information
Asprin takes the security of your personal information seriously. We only engage the services of established and certified third party service providers in the hosting, storing and transmission of your personal information and employ secured technologies such as Transport Layer Security (TLS) to encrypt the information. For instance, when you provide Asprin with your credit card information, we do not store these information in plaintext form ourselves. These credit card information are instead, highly encrypted with AES-256. Please note however that no methods of data storage or transmission over the Internet is 100% secure. We therefore cannot guarantee the absolute security of your information.
When using certain features on our Services, you may disclose personal information to another user of our Services. For example, when you make a test drive booking request with a seller, you may disclose your name, address and contact details to the seller. You are responsible for the personal information you choose to share in these instances.
It is important that you protect against unauthorised access of your Account and information by choosing your password carefully and keeping your password and Account secure (e.g. by signing out after using our Services). You are also encouraged to change your password often.
9.6 Access to Personal Information
You can ensure that your personal information and preferences are accurate, complete, and up to date by logging in to your Account at https://arcade.sg or on any of the Platforms as may be provided by us from time to time.
9.7 Third Party Sites and Services
The Services, Website and Platforms may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties − for example, for processing a credit card payment when you make a purchase online.
Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.
9.9 Privacy Questions
10. Intellectual Property
You acknowledge and agree that Asprin and its affiliates own all rights in the intellectual property rights relating to the Services, the Website and the Platforms, including but not limited to all source codes and software forming part of the Website ("Software"). Those works are protected by copyright laws and treaties around the world. Nothing in this Agreement will serve to transfer from Asprin to you any of the Software or Website, and all rights, title and interest in and to the Software and the Website will remain exclusively with Asprin and/or Asprin’s affiliates. All rights in and to the Software and the Website not expressly granted to you are reserved by Asprin.
You warrant and represent that you own or have the right or licence to use the intellectual property rights in the Content, listings and all information and materials provided by you to Asprin, or uploaded, transmitted or shared on the Services.
You hereby indemnify Asprin against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of the Content, listings, and all other information and material provided by you to Asprin.
11. Reporting Objectionable Content
We respect the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by another user, please contact us.
Asprin reserves the right to suspend or terminate your Account and/or your access to the Services if your account is assessed to be in poor standing due to intellectual property infringements.
12. Suspension and Termination
At any time, you may deactivate your Account with us through means made available to you on the Platforms. Alternatively, you may contact us to do so.
Asprin reserves the right to, at its sole discretion and without any liabilities whatsoever:
- Suspend or terminate your Account and/or your access to the Services at any time, for any reason, without notice.
- Change, modify, suspend or discontinue, temporarily or permanently, in whole or in part, any of the Services at any time, for any reason, without notice.
You acknowledge and agree that if you deactivate your Account, or if we deactivate, terminate or suspend your Account, that you will lose all information associated with your Account, including all Contents. Asprin reserves the right to continue to store such information associated with your Account as it deems fit, or as required by law, for a certain period of time.
Upon termination, suspension or deactivation of your Account, all rights and licenses, if any, granted to you in these Terms will immediately cease.
Asprin does not guarantee nor promise that the Services, the Website and the Platforms or any Contents, information, features, functions or publications will be error-free or uninterrupted, or that any defects or errors will be corrected, or that your use of the Services will provide specific results. The Services, Website and Platforms are delivered on an “As-Is” and “As-Available” basis. All information provided on the Services is subject to change without notice. Asprin cannot ensure that any files or data you download from the Services, or any links that are found on the Services, will be free of viruses or contamination or destructive features. Asprin disclaims all warranties, expressly or implied, including without limitations, any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. Asprin disclaims any and all liabilities for the acts, omissions, and conduct of any third parties or users in connection with or related to your use of the Services. In no event whatsoever shall any part of your use of the Services and the information obtained by you arising out of your use of the Services, constitute investment or financial advice. You assume total responsibility for your use of the Services and any linked websites. Your sole remedy against Asprin for dissatisfaction with the Services or any Content is to stop using the Services or any such Content.
Asprin does not warrant that the Services will be compatible or interoperable with your device, computer or any relevant electronic equipment or gadget. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, including without limitations, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Asprin and its affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Asprin reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
14. Limitation of Liability
Except where prohibited by law, in no event will Asprin be liable to you whatsoever for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Asprin has been advised of the possibility of such damages, arising out of or in connection with your access or use of, or inability to access or use the services or any third party content and services, or arising out of or in connection with your conduct or the conduct of other users in connection with the use of the services including without limitation death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other users or persons you meet through the services, whether or not the damages were foreseeable. If, notwithstanding the other provisions of these Terms and the generality of the foregoing, Asprin is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services, Asprin’s liability to you (whether under contract, tort, statute or otherwise) shall in no event exceed the greater of (i) the amount of Fees received by Asprin in respect of the Services giving rise to such claims, or (ii) where applicable, shall not exceed the amount of Singapore Dollars equivalent then standing to the Arcade Dollars in your Account. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree to indemnify and hold Asprin, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal costs), made against Asprin by any third party due to or arising out of or in connection with your use of the Services.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Services, in violation of any applicable laws or regulations.
You and Asprin are independent contractors. Nothing in this Terms is intended to or shall be construed as or deemed to, create any agency, partnership, joint venture or employer-employee relationship between you and Asprin.
In the event that any of these Terms and its provisions are held unenforceable, then such provision shall be modified to reflect the parties’ intention, and all other remaining provisions shall remain in full force and effect.
Except as provided herein, any delay in or failure by Asprin to exercise a right or require performance of an obligation in these Terms shall not affect or diminish Asprin’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
These Terms constitute the entire agreement between you and Asprin. All prior or contemporaneous understandings and/or agreements between you and Asprin shall be superseded by these Terms.
17. Governing Law and Jurisdiction
You hereby acknowledge and agree that unless otherwise stated, these Terms are governed by the laws of Singapore, and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
Updated on March 8, 2018