PI-XCELS TERMS OF SERVICE

1.    ABOUT THESE TERMS OF SERVICE

1.1.    These are the Terms of Service (also “Terms”) for Pi-xcels Pte. Ltd. and its affiliates and related companies (collectively referred to herein as “Pi-xcels”, “us”, “we” or “our”). In these Terms, “you” and “your” refers to any person and/or entity using and/or accessing our Services and/or Websites.

1.2.    Our Terms of Service govern your use of and/or access to:

1.2.1.    our websites and applications (collectively, “Websites”); and/or

1.2.2.    our electronic receipt issuance and storage services, and/or any other services or supplementary services which we provide from time to time (collectively, “Services”).

1.3.    Part of our Services include electronic receipt issuance and storage services. Our technology allows retailers’ POS System to issue and transmit electronic receipts onto the screen of your device when it is in contact with the retailers’ POS System, which can then be saved and stored by you with us and easily retrieved for perusal of transaction details. 

1.4.    These Terms set forth the rights, obligations, responsibilities, and other necessary matters in connection with your use of and/or access to our Services and/or Websites. These Terms constitute a binding agreement between you and Pi-xcels. If you do not accept any of these Terms, please do not use our Services and/or Websites. Your use of and/or access to our Services and/or Websites shall be deemed to be an acceptance of these Terms.

1.5.    We may revise these Terms at any time without prior notice to you. However, you will be informed of such revision by way of a notice posted on our Websites or landing page of the applications for a period of time as may be determined by us. You should visit this page from time to time and review the Terms to ensure that you understand all the terms and conditions that apply to your use of and/or access to our Services and/or Websites. Your use or continued use of and/or access to our Services and/or Websites indicate your acceptance of the revised Terms. 

1.6.    These Terms will also apply to any updates or upgrades provided by us that replace and/or supplement any part of our Services and/or Websites, unless such updates or upgrades are accompanied by separate terms in which case those separate terms shall apply.

2.    ACCOUNT REGISTRATION

2.1.    You may be required to apply and register for an account with us before you are entitled to use and/or access certain features of our Services and/or Websites. To register an account or to enable certain features and functions, you may be required to complete the registration procedures as specified by us from time to time.

2.2.    We reserve the right, at our sole discretion, to reject your application for an account.

2.3.    If you are an individual signing up for an account with us, you represent and warrant that:

2.3.1.    all registration information provided by you is and will continue at all times to be true, accurate, current and complete to the best of your knowledge and belief;
2.3.2.    you are, under applicable laws, of legal age and have the requisite mental and legal capacity in accordance with applicable laws to enter into these Terms and use our Services and/or Website; and
2.3.3.    you have not previously been suspended or prohibited from using our Services and/or Website.

2.4.    Upon successful registration of your account, you:

2.4.1.    agree to keep your account ID and password confidential and shall not allow other persons to use the account. It is your responsibility to ensure the security of, and your continuous control over, your account; and
2.4.2.    shall notify us immediately if you have any reason to believe that the security of your account has been compromised.

2.5.    Your account is personal to you, and you may not share your account with any third party. As the account holder, you are solely responsible for any and all activities which occur under your account. We are entitled to treat all activities that occur under your account as having been conducted with your knowledge and authority. 

2.6.    You acknowledge and agree that, without prior notice to you, we may access your account and its contents as necessary for purposes of, including but not limited to, identifying or resolving technical problems, and verifying or ensuring your compliance with these Terms.

2.7.    You may decide to close your account with us and/or stop receiving our Services by notifying us at shoppersupport@pi-xcels.com or going to your settings at https://www.piperks.com/ and follow the instructions to delete your account.  Once an account is closed or deleted, data associated with your account may be purged from our systems immediately. 

3.    OUR SERVICES

3.1.    Without prejudice to any of our rights under law and/or these Terms, Pi-xcels will endeavour to provide you with access to our Services and/or Websites in a continuous and reliable manner.

3.2.    We provide our Services free of charge to you for the duration that these Terms are in force. Notwithstanding the forgoing, we reserve the right to charge you a fee for using and/or accessing our Services at any time. Fees (if any) will be reflected to you in these Terms, as updated from time to time.

3.3.    We may, at any time in our sole discretion, modify, suspend, cease to operate, impose or modify charges, restrict or modify access to, our Services and/or Websites (including in respect of any functionality of our Websites), temporarily or permanently, in whole or in part, and without notice or liability.

3.4.    We reserve the right to suspend or terminate your use of and/or access to our Services and/or Website, immediately without prior notice and without liability to you, and for any reason. 

3.5.    Without prejudice to the foregoing, some of the reasons we may consider in terminating your use and/or access to our Services and/or Websites include, but are not limited to:

3.5.1.    where providing access to our Services and/or Websites is technically impossible;
3.5.2.    where you have, or are likely to, engage in any act described in paragraph 4.2;
3.5.3.    where you have, or where it can be reasonably presumed that you have, used our Services and/or Websites to engage in, support, or provide funding for fraudulent, illegal or suspicious activities and/or transactions, including money laundering and financing terrorism;
3.5.4.    where we are conducting an inspection or maintenance for our Services and/or Websites;
3.5.5.    where we are unable to provide our Services and/or Websites due to reasons outside of our control, including a suspension of services by our service providers that provide business, professional or technical support functions;
3.5.6.    where you have, or are likely to, use our Services and/or Websites in a manner that may damage our reputation and/or disrupt our operations; and/or
3.5.7.    where, under applicable laws, you are under the legal age to enter into this agreement with us, and have not obtained valid consent from your parents, legal guardian, or any other legal representative.

3.6.    If we suspend or terminate your right to use and/or access our Services and/or Websites, we may delete or deactivate your account and all related information in such account without liability to you.

4.    ACCESS AND LIMITATIONS

4.1.    Your use of and/or access to our Services and/or Websites is subject to your compliance with these Terms. You represent, undertake and warrant that you will:

4.1.1.    provide us with all necessary information as we may require and/or request;
4.1.2.    comply with all applicable laws and regulations with respect to your use and/or access of our Services and/or Websites; and
4.1.3.    comply with all applicable security or encryption standards, rules, procedures and guidelines.

4.2.    You agree to use our Services and/or Websites in accordance with these Terms and shall not (i) by yourself or with the assistance of a third party, or (ii) help, assist or enable others, to do any of the following:

4.2.1.    modify, adapt, improve, enhance, alter, translate, create, or distribute derivative works of our Services and/or Websites;
4.2.2.    use, link or merge our Services and/or Websites with other software, databases or services not provided by us; 
4.2.3.    disclose to any third party, information related to us that is acquired through the use of our Services and/or Websites without obtaining our consent;
4.2.4.    use our Services and/or Websites for any purpose other than how our Services and/or Websites are intended by us to be used;
4.2.5.    interfere in any manner with the operation of our Services and/or Websites, including, "flooding" of networks, deliberate attempts to overload our Services and/or Websites, attempting to "crash" us and taking any action that imposes an unreasonable or disproportionately large load on our Services and/or Websites or the associated infrastructure;
4.2.6.    use our Services and/or Websites in a manner that infringes the intellectual property rights, reputation or credit, privacy rights, portrait rights and/or other related rights belonging to us and/or any third party;
4.2.7.    provide us false information, or unlawfully rewrite, falsify, or delete information which you provide to us;
4.2.8.    provide us information relating to third parties without obtaining proper consent, or otherwise use our Services and/or Websites by misrepresenting himself/herself as another person;
4.2.9.    reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code or structure of our Services and/or Websites;
4.2.10.    circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to our Services and/or Websites or the associated infrastructure;
4.2.11.    remove, alter, or obscure any copyright notice or any other proprietary notice that appears on our Services and/or Websites;
4.2.12.    create a database by systematically downloading and storing our Services and/or Websites, or use any robot, spider, site search/retrieval application or other device to retrieve, index, “scrape”, “data mine”, “crawl” or in any way gather information from our Services and/or Websites or reproduce or circumvent the navigational structure or presentation of our Services and/or Websites; 
4.2.13.    violate these Terms and/or any applicable laws, public policies, rules or regulations in connection with your use of our Services and/or Websites; and/or
4.2.14.    upload, post, email, transmit or otherwise make available (a) any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or which creates liability on our part; (b) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (c) any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

4.3.    Your use of our Services and/or Websites is voluntary and at your sole risk. You are solely responsible for:

4.3.1.    your reliance on our Services and/or Websites and the information available through our Services and/or Websites;
4.3.2.    any liability, loss or damage that you may incur through use of our Services and/or Websites; and
4.3.3.    all decisions or actions resulting from your use of our Services and/or Websites and its contents.

4.4.    For our Services and/or Websites to function, it may require a compatible mobile or computing device, appropriate third party software such as browsers, and connectivity to the internet. You shall be solely responsible for obtaining such device, software, and connectivity.

5.    INTELLECTUAL PROPRETY

5.1.    Our Services, Websites, and their contents, including trademarks, service marks, logos, domain names, trade names, designs, source and object codes, pages, documents and online graphics, audio and video, as well as the format, directories, queries, algorithms, structure and organisation of our Websites, and all proprietary and intellectual property rights associated therewith, whether registered or not, are protected by law and owned by or licensed to us.

5.2.    We retain all rights in our Services and Websites and reserve all rights not expressly granted to you. You acknowledge that you have no right, title, interest in and to our Services and Websites, its contents, and all proprietary and intellectual property rights associated therewith, and you agree not to challenge the validity of our ownership of or rights to the same. You shall not reproduce, republish, transmit, distribute or otherwise exploit any content of our Services and Websites in any way without our prior express consent, which may be withheld for any or no reason.

5.3.    In order for us to provide you with the facilities and functionalities offered by our Services and Websites, you hereby grant us a perpetual, non-exclusive, transferable, irrevocable, sub-licensable, royalty-free, worldwide licence to use, reproduce, distribute, create derivative works of, display and perform any information that you upload, submit, store, send or receive through our Services and Websites for our business and operational purposes (including to transmit your communications and storing communications on our servers).

6.    PRIVACY POLICY

6.1.    Personal data may be collected, used, disclosed and/or processed by us when you use and/or access our Services and/or Websites. Any personal data which you provide to us is subject to our Privacy Policy and Cookie Policy.

7.    DISCLAIMER ON WARRANTIES

7.1.    Our Services and/or Websites are provided "as is, where is" and "as available" with no warranties whatsoever.

7.2.    To the maximum extent permitted by applicable law, we make no guarantee, representation or warranties of any kind, whether express or implied:

7.2.1.    regarding the timeliness, reliability, accuracy, completeness, accessibility, merchantability, quality, fitness for a particular purpose, operation or usefulness of any portion of the Website or the results of its use for any purpose; 
7.2.2.    regarding the availability or appropriateness of our Services and/or Websites;
7.2.3.    that our Services and/or Websites, and/or your use of our Services and/or Websites, will not infringe the intellectual property or other proprietary rights of any third party;
7.2.4.    that our Services and/or Websites will be error-free, continuously available or uninterrupted in operation, unhackable, uncompromisable, free of any data breach (inadvertently or intentionally through interference or interception by third parties) or free of bugs, computer viruses, unauthorised software, or other harmful codes or components not specifically mentioned herein;
7.2.5.    that our Services and/or Websites will not be susceptible to any cybersecurity breach or cannot be compromised and/or free of any data breach (inadvertently or intentionally through interference or interception by third parties);
7.2.6.    that our Services and/or Websites will contain information that is always timely and accurate;
7.2.7.    that our Services and/or Websites will operate or function properly on your devices or operating systems;
7.2.8.    that our Services and/or Websites will not cause any damage to your devices or operating systems; and/or
7.2.9.    that there will not be any unauthorized access and/or use of your account.

8.    LIMITATION OF LIABILITY

8.1.    You waive all direct, consequential, incidental, special or indirect damages against us. 

8.2.    To the maximum extent permitted by applicable law, we shall not be liable for any damage or loss of any kind, any direct, consequential, incidental, special or indirect damages of any character, loss of data, loss of business, loss of profits or goodwill, interruption of business, costs, expenses or claims of any nature whatsoever, including but not limited to, contract, negligence, or other tortious actions arising out of or in connection with:

8.2.1.    your use, access or reliance on our Services and/or Websites (or any information, data or statement found thereon);
8.2.2.    the performance of our Services and/or Websites or any delay or failure thereof;
8.2.3.    any unauthorised access and/or use of your account;
8.2.4.    any delay in operation or transmission, communication failure, internet access difficulties or malfunction of equipment or software; and/or
8.2.5.    the security, authenticity, integrity or confidentiality of any activities or communications made through our Services and/or Websites;
8.2.6.    arising out of or in connection with any suspension or termination of your access to our Services and/or Websites.

8.3.    If notwithstanding clauses 8.1 and 8.2 above, we are found liable to you for any reason, whether in contract, strict liability, or tort or under any legal or equitable theory of liability, our total liability to you shall in no circumstances exceed 100 Singapore Dollars where we provide a free services to you, or where it is a paid service which we have provided to you, 12 times the monthly subscription fee which you have paid to us immediately before the occurrence of the event giving rise to your claim.

9.    INDEMNITY

9.1.    You agree to fully indemnify us (including our related corporations, affiliates, officers, directors, employees, agents and contractors) in respect of any and all claims, losses, damages, expenses (including legal costs on a full indemnity basis), liabilities (whether criminal or civil) and costs of settlement suffered or incurred by us or asserted against us in respect of:

9.1.1.    your use of our Services and/or Websites;
9.1.2.    your breach of these Terms;
9.1.3.    your violation of the rights of any third party, or any applicable law;
9.1.4.    our reliance on any information, data or records you provide; and/or
9.1.5.    any of your act, omission or default which compromises the security or integrity of our Services and/or Websites.

10.    SURVIVAL

10.1.    Clauses 5, 7, 8, 9, and all other clauses of these Terms so intended to survive after the termination of your use and/or access our Services and/or Websites shall survive such termination and remain in full force and effect.

11.    GOVERNING LAW

11.1.    Use of the Website and these Terms are governed by the laws of Singapore, without reference to conflicts of laws rules.

11.2.    You submit to the exclusive jurisdiction of the courts of Singapore in relation to all disputes and any claim relating to the use of and/or access to our Services and/or Websites.

12.    MISCELLANEOUS

12.1.    You may not assign your rights or obligations under these Terms. We may assign our rights or obligations under these Terms to any third party at any time without your consent or notice to you.

12.2.    The headings used in these Terms are included for convenience only and shall not limit or otherwise affect the provisions herein. 

12.3.    If any provision herein is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from and will not affect the validity and enforceability of the remaining provisions. Save for any other agreements that you have entered with us, these Terms constitute the entire agreement between you and us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral representations (including any information found on our Websites). Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any provisions contained herein.
 

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