GOFIX PLATFORM TERMS OF USE (CUSTOMER)

Last updated: 2 October 2018

INTRODUCTION

These Terms of Use (Terms”) sets out the basis on which the GOfix website and/or the GOfix mobile application (collectively, the Platform“”) provided by E M SERVICES PTE. LTD. and its subcontractors (collectively, “we”, “us” or “our”) may be accessed and/or used by you.

Please read these Terms carefully.

By accessing the Platform and/or using the Platform and/or using services (the “Services”) provided by us on the Platform, you agree to be bound by these Terms.

If you do not agree to these Terms, do not access and/or use the Platform or the Services.

USERS BELOW THE AGE OF 18

If you are below the age of 18 years, you must obtain consent from your parent(s) or legal guardian(s). Your parent(s) and legal guardians(s) must accept these Terms and agree to take responsibility for your actions, any charges associated with the access and/or use of the Platform and/or the Services.

1
AUTHORISED ACCESS ONLY

Access to and the use of password-protected and/or secure areas of the Platform and/or the use of the Services are restricted to authorised users who have registered accounts on the Platform (“Customers”). Unauthorised access, or attempts to gain unauthorised access, to such areas of the Platform, as well as other protected information which have not been intentionally made available to you for your specific use, is strictly prohibited. Breaches of this Clause 1 may constitute an offence under the Computer Misuse Act (Cap. 50A) and other written laws in Singapore.

2
GENERAL TERMS OF ACCESS TO THE PLATFORM AND/OR USE OF THE SERVICES
2.1
You agree to comply with these Terms as well as any amendments to the aforementioned from time to time, as published on the Platform.
2.2
We reserve the right to revise these Terms at any time, and you are deemed to be aware of and bound by any changes upon their publication on the Platform.
2.3
You agree and undertake not to:
(a)
Impersonate any person or entity, or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(b)
Use the Platform or Services for any illegal purposes;
(c)
Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform and/or Services;
(d)
Post, promote or transmit through the Platform or Services any Prohibited Materials.
(e)
Interfere with the utilization and enjoyment of the Platform or Services by others;
(f)
Use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or Services; and
(g)
Use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
2.4
We reserve the right to, from time to time, and without giving reason or prior notice, upgrade, modify, suspend or discontinue, wholly or in part, the Platform and/or the Services. We will not be liable for any consequences in the event that such upgrade, modification, suspension or removal of the Platform and/or the Services in whole or in part prevents you from accessing and/or using any part of the Platform and/or the Services.
2.5
We reserve the right, but shall not be obliged to monitor, screen, or otherwise control any activity, content or material on the Platform and/or the Services. We may, in our sole and absolute discretion, investigate any alleged violation of these Terms, and we may, in our sole and absolute discretion, choose to take any action deemed appropriate, including one or more of the following:
(a)
To prevent or restrict the access of any Customer to the Platform and/or the Services;
(b)
Report activity suspected to be in violation of applicable laws in Singapore to the appropriate authorities and co-operate with such authorities;
(c)
Request information and data from you in connection with your access and/or use of the Platform and/or Services at any time, and, where we have reasonable grounds to suspect that you have provided inaccurate, misleading, or fraudulent information and/or data, or where you have refused to divulge such information and data, exercise any legal rights which may have in respect of this information and data.
2.6
For the purposes of Clause 2.3(d), Prohibited Materials include information, graphics, photographs, data and any other material that:
(a)
Contains a computer virus;
(b)
Infringes the Intellectual Property Rights of any third-party;
(c)
May be considered defamatory, libellous, or threatening;
(d)
Is obscene, pornographic, indecent, or otherwise illegal under applicable Singapore laws; and
(e)
May be construed as offensive or objectionable in our sole and absolute discretion.
2.7
We reserve the right to remove any Prohibited Materials posted, promoted or transmitted through our Platform.
2.8
Your access and/or use of the Platform and/or the Services is subject to your consent to the collection, use and disclosure of your personal data by us, as provided for in the Privacy Policy, accessible at www.gofix.com.sg.
2.9
In addition to these Terms, the use and/or access to specific areas and/or aspects of the Platform and/or the Services including where modified and/or updated, may be subject to additional terms and conditions, which will apply in full force and effect.
3
CUSTOMER ACCOUNTS
3.1
The access to and/or use of the Platform and/or the Services may require the creation of an account (“Customer Account”) with us or for you to provide personal data to us, including but not limited to the following:
(a)
Email address;
(b)
Mobile phone number;
(c)
Residential address; and
(d)
Name.
(“Personal Data”).
3.2
You may, through the Platform, request the creation of a Customer Account. We reserve the right to reject any requests made by you at our sole and absolute discretion and with no explanation.
3.3
You agree not to create multiple Customer Accounts.
5.3
Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us.
3.4
The creation of a Customer Account will require a username (“Username”) and password (“Password”).
3.5
You may only use your Customer Account to place Orders after verifying your Customer Account.
3.6
The Username and Password may either be:
(a)
Determined and issued to you by us; or
(b)
Provided by you and accepted by us in our sole and absolute discretion.
3.7
We may, at any time, and in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or the Password with no explanation or prior notice. In such a situation, we will not be liable or responsible for any losses suffered by you and/or caused by you, or otherwise arising out of or in connection with the invalidation of your Username and Password by us.
3.8
You agree to change your Username and/or Password from time to time and keep your Username and Password confidential.
3.9
You agree that you are solely responsible for the security of the Username and Password, and your Customer Account.
3.10
You agree to notify us immediately where you have knowledge or reason for suspecting that the confidentiality of your Username and/or Password has been compromised, if the security of your Customer Account has been compromised, or in any case, if there has been any unauthorised use of the Username and/or Password.
3.11
You agree to notify us immediately where your Personal Data used in the creation of a Customer Account has changed.
3.12
You agree that any access and/or use of the Platform and/or the Services, as well as any information, data, or communications referable to your Customer Account and/or your Username shall be deemed to be, as the case may be,
(a)
Access and/or use of the Platform and/or Services by you; or
(b)
Information, data or communications posted, transmitted and validly issued by you.
3.13
You agree that where your Customer Account and/or Username has been used to access and/or use the Platform and/or Services, whether with your authority or not, that we shall be entitled to act upon, rely upon, or hold you solely responsible and liable, as if the access and/or use of the Platform and/or Services, was carried out by you.
3.14
You agree that you shall indemnify us against any or all losses attributable to any access and/or use of the Platform and/or Services referable to your Customer Account and/or Username.
4
ORDERS FOR THE SUPPLY OF SERVICES
4.1
To place an order for the supply of Services through the Platform (the “Order”), you must register and verify your Customer Account, as provided for under Clause 3.
4.2
An Order is only validly submitted by following the system for making an Order (the “Order System”), as provided for on the Platform, and upon receipt by you of an Order Confirmation, which is our acknowledgment of your Order.
4.3
We reserve the right to reject, cancel or to refuse to process Orders made without compliance and/or through the circumvention, by any means, of the Order System, notwithstanding that an Order Confirmation has been received by you.
4.4
The Order shall contain the following information:
(a)
The address where the Services is requested to be supplied (the “Order Premises”);
(b)
The time that the Services is to be supplied at the Order Premises;
(c)
Your Username; and
(d)
Your contact details.
4.5
After receipt of an Order, we will dispatch a Service Provider to the Premises at the time and date as confirmed on the Platform. Upon arrival at the Premises, the Service Provider shall assess the Services required by you, which may include conducting appropriate diagnostic / site survey and/or troubleshooting tests at the Premises.
4.6
An Order constitutes an offer, with the intention of creating legal relations, made to us. Acceptance of the offer by us takes effect at the point when our Service Provider arrives at the Order Premises and, forms a contract between you and us (the “Contract”).
4.7
We reserve the right to reject, cancel or refuse to process Orders at our sole and absolute discretion, with no need for explanation, regardless of whether an Order Confirmation has been received by you.
4.8
We reserve the right to charge for additional costs and expenses incurred in Delivery to the Order Premises (“Delivery Charges”). Such Delivery Charges, where chargeable, will be clearly displayed and included in the final charges (“Final Charges”).
4.9
Following the Diagnosis, the Service Provider will, using the Platform, propose the Services to be supplied to you and offer you a quotation for Final Charges for carrying out the proposed Services.
4.10
You agree that you will only accept the proposed Services and the quotation for the Final Charges using the Platform. At this point, a contract for Services is formed between you and us (the “Services Contract”). You further undertake that you will not enter into any other agreement with the Service Provider other than via the Platform.
4.11
You may, using the Platform, reject the proposed Services and the quotation for the Final Charges.
4.12
Notwithstanding Clause 4.11, you remain obliged to pay us all charges already incurred under the Contract, including but not limited to the Diagnostic Fee and the Delivery Charges, if any.
4.13
We reserve the right to terminate the Services Contract and reject, cancel or otherwise decline to carry out the proposed Services, with no need for explanation.
4.14
Where we terminate the Services Contract and decline to carry out the proposed Services under Clause 4.13 and you have already made payment, we shall refund fully all payment amounts to you.
5
PRICES AND PAYMENT FOR ORDERS
5.1
Where we discover errors in the details, descriptions and prices of the Services displayed on the Platform (“Display Errors”), we will amend the Display Errors as soon as possible.
5.2
Where you have placed an Order for Services affected by Display Errors, we will inform you of the Display Errors as soon as possible and give you an option of cancelling your Order or to reconfirm your Order with the amended details, description of price of the Services, as the case may be. Where we are unable to contact you, we will cancel your Order. Where you have made payment, you will receive a full refund.
5.3
Prices displayed for the Services are inclusive of GST and are in Singapore Dollars.
5.4
Where the Contract is terminated by you under Clause 4.11, you shall make payment of all charges, immediately after such termination by you.
5.5
Where you accept the proposed Services and the quotation for the Final Charges, you shall make payment for the Final Charges after our Service Provider carries out the Services.
5.6
Payment of all charges may be made by credit card through our payment partners, or by cheque addressed to E M Services Pte. Ltd., or by cash collected by our Service Providers.
6
DELIVERY
6.1
We aim for Services to be supplied to you at the time as requested by you in your Order and indicated by us in your Order Confirmation (“Delivery”).
6.2
We disclaim all liability for losses, liabilities, costs, damages, charges or expenses incurred by you and/or third parties arising out of late Delivery.
6.3
Upon Delivery, you will be required to give confirmation of Delivery through the Platform. (“Confirmation”) You agree that you shall not unreasonably withhold Confirmation.
6.4
Where it is not practically possible for us to carry out Delivery due to the location of the Premises, we will inform you using contact details provided to us in your Order and will arrange for cancellation of the Order or for Delivery to be made to an alternative address at our sole and absolute discretion.
6.5
Where Delivery is delayed or not carried out due to your unreasonable refusal to accept Delivery, we may take remedial actions to recoup losses and expenses incurred by us and arising from the delay or failure of Delivery, including the following:
(a)
Charge you for fees and other costs reasonably incurred by us;
(b)
Reject all outstanding or future Orders made by using your Customer Account; and
(c)
Terminate your Customer Account.
7
DISPUTES
Where you are not satisfied with the Services provided, you may contact our customer service team at + 65 1800 463 4936, or support@gofix.com.sg.
8
INTELLECTUAL PROPERTY
8.1
Intellectual Property means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
8.2
Intellectual Property in the Platform and Services are owned, licensed to, or controlled by us, our licensors, or our Service Providers. We reserve to enforce our Intellectual Property rights to the full extent under the law.
8.3
No part, parts or the whole of the Platform shall be reproduced, reverse-engineered, decompiled, disassembled, separated, altered, distributed republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant Intellectual Property owners.
8.4
Trademarks means the trademarks, service marks, trade names, and logos used and displayed on the Platform.
8.5
The Trademarks are registered and unregistered trademarks of us, or third parties.
8.6
Nothing on the Platform and these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the service, without written permission from us or the owner of the Trademarks.
9
TERMINATION AND SUSPENSION
9.1
We reserve the right to, in our sole and absolute discretion, terminate or temporarily suspend your access and/or use of the Platform and/or Services. We may do this by disabling your Customer Account or by other means. The circumstances in which we may do so include the following:
(a)
Where we believe that you have violated or acted inconsistently with these Terms, the Rules, or any law and/or regulation; or
(b)
In our opinion or the opinion of any regulatory authority or government authority, you are unsuitable to access and/or use the Platform and/or the Services.
9.2
You may terminate these Terms and request a deletion of your Customer Account by contacting our customer service team at + 65 1800 463 4936, or support@GOfix.com.sg.
10
DISCLAIMER OF LIABILITY
10.1
The Platform and Materials are provided on an “as is” and “as available” basis, and all data and/or information contained on the Platform and Materials are provided for informational purposes only. We do not make any representations or warranties of any kind, implied, express or statutory, on the Platform or the Materials, as regards the content of availability of the Services, nor that the Services will be timely or error-free or that defects will be corrected.
10.2
Subject to Clause 10.3, we shall not have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort, or otherwise arising from your use of or inability to access and/or use our Platform and Services.
10.3
Our liability arising from or in connection with your Order shall be limited to the Final Charges that you have paid for your Order.
10.4
Nothing in this Clause 10 shall limit our liability for any matter for which it would be illegal for us to exclude or attempt to exclude, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
11
THIRD-PARTY CONTENT
11.1
We may include on the Platform, advertisements from third parties, which may include hyperlinks to other websites or content on the internet, which are not under our control (“Third-Party Content”).
11.2
We will not be liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy, or other objectionable material contained in the contents, or the consequences of accessing and/or using such Third-Party Content. Your access and/or use of Third Party Content is entirely at your own risk.
12
INDEMNITY
You agree to indemnify us from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platform and/or Services or your breach of these Terms.
13
NOTICES
13.1
We reserve the right to amend these Terms at any time. All amendments to these Terms will be posted on the Platform. Continued use of the Platform and/or Services shall be deemed to be your acceptance of the amended Terms.
13.2
Any Order submitted to us is subject to your agreement to these Terms, as on the date of your Order. You are solely responsible for reviewing these Terms each time that you submit your Order.
13.3
Any notice under these Terms shall be given to you in writing through a message sent to your mobile number and to your email address used in the creation of your Customer Account.
14
EVENTS OUTSIDE OUR CONTROL
You and we shall not be liable for any delay, non-performance of the obligations under these Terms arising from any cause beyond your or our control, including, without limitation, any of the following: Acts of God, governmental acts, war, fire, flood, explosion or civil commotion.
15
WAIVER
15.1
A waiver of any right or remedy under these Terms is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by you or us to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
15.2
No single or partial exercise of any right and/or remedy provided under these Terms or by law shall preclude or restrict the further exercise of any such right and/or remedy.
16
SEVERANCE
If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms and the validity and enforceability of the other provisions of these Terms shall not be affected.
17
ENTIRE AGREEMENT
These Terms and the Rules constitute the entire agreement between you and us and supersede all any and all preceding and contemporaneous agreements between us.
18
NO PARTNERSHIP
Nothing in these Terms shall be taken to create a partnership, agency, or relationship of employer and employee between you and us.
19
RIGHTS OF THIRD PARTIES
A person who is not party to the Contract shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act (Cap 53B).
20
GOVERNING LAW AND JURISDICTION
20.1
These Terms shall be governed and construed in accordance with Singapore Law.
20.2
Both you and we submit to the exclusive jurisdiction of the Singapore Courts.
20.3
All correspondence between you and us shall be conducted in the English language.