These Shopby Checkout Terms of Service (“Terms”) are a legal agreement between Evermighty Technology PTE.LTD., a Singapore registered company ( “us”, “our”, “we”, or “ Shopby ”) and you, the person who directly uses Services we offer for your personal use under these Terms, including through applications, websites, and software.
Before you start using the Services, you must read and accept the Terms set out herein (the terms and conditions as amended and supplemented from time to time). As you review the Terms, you should also review and consider any information linked and terms incorporated herein as a whole. By accepting the Terms, you hereby agree to and accept the Shopby Checkout Privacy Policy which is incorporated herein by reference and will apply whenever you use the Services. The Terms may be updated and/or amended from time to time, and your use or continued use of the Services shall constitute your acceptance of the Terms.
Shopby Checkout is an application which enables users to create a Shopby account or to save your information for faster checkout at businesses that use our services (the “Services”) . Please contact us at help@shopby.app if you have any questions or enquiries to the Terms and the Services.
You must meet certain minimum requirements in order to use the Services. You must be old enough to enter into a contract in your country of residence, and you must not be the subject of sanctions laws.
You may only agree to these Terms if you are old enough to enter into a contract in your country. In most countries, this is 18 years of age or older.
You must not use the Services if you have previously been terminated or suspended from using any of our Services, including any Services, or if you are the subject of government sanctions or the government in the country where you live.
You must be eligible for the particular Services to the extent they are available in your country. If we present an incorrect country for you or you move countries, then you must correct the county in your account or contact support before using the Services again.
We may ask if you’d like us to “remember you” for future payments across our eligible merchants (i.e., our Business Users), including when you check out on their websites and applications. When you allow us to remember you, we will store certain identifying information, such as your email address or mobile phone number (“Log-In Credentials”), and the payment information you give us, such as credit card, debit card, or bank account numbers (“Payment Account Details”). As part of your Payment Account Details, we may also store information such as your name, billing address and shipping address. The advantage of us remembering you is that you may be able to pay more quickly and easily with the same Business User, as well as when you visit our other eligible Business Users’ sites or apps – this can be especially handy when you’re on a mobile device or don’t have your Payment Account Details in front of you.
If you allow us to remember you, we or the Business User will use cookies or similar technologies to link your web browser or device to your Log-In Credentials and to recognize you when you visit that Business User or another Business User on the same browser or device. You can then make purchases using your saved Payment Account Details across our eligible Business Users when you are logged in with us on the same browser or device. If we don’t recognize you (for example, because you’ve logged out of Shopby), we may provide a way for you to verify yourself (for example, by sending you a verification code via SMS text message) in order for your stored Payment Account Details to be used.
You may only save Payment Account Details with us that you are authorized to use. Shopby doesn’t change anything else about your relationship with the Business User. In addition, your relationship with your payment method (for example, your bank or your credit card company) remains unchanged. Removing a payment method from your Shopby account does not cancel or change any obligations or amounts you still owe to a Business User.
We will use reasonable efforts to keep your Payment Account Details secure. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. We encourage you to use a strong password and never share your password with anyone or use the same password on other sites or accounts. If you have reason to believe that the security of your account has been compromised, please contact us immediately.
To protect you, us, and others that use the Services, we need to know who you are, we may share your data or take other actions to identify you and prevent fraud. You are responsible for transactions that occur using your credentials unless you tell us they’ve been stolen.
You agree that:
Information you provide about yourself and your use of the Services shall be complete and accurate as of the time provided, and you shall keep this information up-to-date;
We need to know whom we do business with. So we and our service providers may verify your identity and information you provide by using cookies, other technical solutions, internal information across our network and external sources, including in some cases by sharing and confirming information we have about your identity with third parties, such as our Business Users (i.e., the merchant associated with your requested transaction) or financial partners (e.g., your payment method provider);
To the extent law allows, we monitor for fraud by using cookies, other technical solutions, internal information across our network and external sources, including in some cases by sharing information about the likelihood that a transaction is fraudulent with other companies involved with your transaction, such as our Business Users or our financial partners ;
To the extent law allows, we and our service providers may verify your identity. We may also, with your additional consent for certain Services, conduct a check with a credit bureau;
You must notify us immediately if you become aware of any unauthorized use or access to your account. You are responsible for any actions taken through the use of your credentials, except for actions taken after you have told us that your account or credentials have been compromised.
To protect ourselves and others who use the Services, you can only use our Services in certain ways and as they are intended to be used. Don’t use the Services for anything illegal or that could cause harm to us, our network, or others.
The Services are only for your personal use. You shall not allow others to:
Facilitate illegal or harmful activity through the Services;
Cause harm to us or others through the Services;
Use the Services for a commercial or business purpose or in any way other than your own personal purposes;
Use the Services in a way that violates prohibitions relevant sanctions authorities impose;
Create content, products, or services using any part of the Services;
Use or reproduce any part of the Services (including any trademarks presented in the Services), except as law expressly allows;
Transfer or move software, technology, or services (including our software or encryption software) to or from any country in a way that law does not permit;
Decompile, extract source code, or reverse engineer the Services;
We further describe prohibited activities in any policies or terms (which we may update from time to time).
Information you provide about yourself and your use of the Services shall be complete and accurate as of the time provided, and you shall keep this information up-to-date;
We will communicate with you through the Services or where available, your email address or phone number. As allowed under law, you consent to the use of your personal contact information for marketing. Contact us if you’d like to withdraw your consent.
To the extent we can do so under law, by providing us with a phone number, you agree to accept and receive transactional and marketing communications from us or our service providers at that number, including through autodialed or prerecorded calls, push notifications, emails, and text (SMS) messages sent manually or through an autodialer. Standard message and data rates your cell phone carrier applies may apply to the text messages we send you.
You also agree that we may use autodialed or prerecorded message calls or text messages to authenticate you, service your account, investigate fraud. You can still use the Services if you choose not to receive autodialed or prerecorded message calls or text messages to your mobile phone number, or opt-out of marketing communications from us.
To learn more about your options to opt-out of marketing, receiving communications via text or phone number, or receiving auto-dialed or prerecorded messages, please contact support team.
Our services are protected by intellectual property laws. Use of the Services does not give you any ownership in them.
The Services are protected by trademark, copyright, patent and other laws of Singapore. We and our service providers (as applicable) reserve all intellectual property rights, title, and interest in and to the Services. Your use of the Services is subject to these Terms, and these Terms do not grant you any rights to our intellectual property or the intellectual property of our licensors, licensees, or partners.
We and others we work with may use content you provide while using the Services without payment to you.
You are responsible for all of the content (for example, any images and messages) that you provide, upload, submit, or send through the Services or to us. By doing so, you grant us a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license (with the right to sublicense to the third parties we work with) to use that content in connection with our Services, including to update the Services and to create other products and services.
We may cancel these Terms at any time, and you may close your account at any time. We can suspend or change your access to the Services at any time for any reason, but we’ll try to notify you first unless it is unreasonable to do so.
Termination by Us: We may terminate these Terms, and we may limit, suspend, change, or remove your access to any or all Services, including any feature or aspect of the Services, at any time for any reason. We will take reasonable steps to notify you through the Services or an email or phone number associated with you before taking any action that restricts your access to the Services, unless law prevents us from doing so, or we decide that your continued use of the Services creates a risk of loss or harm to us or any other person.
Termination by You: Subject to any product-specific Terms below, you may terminate any Services at any time and for any reason by terminating the Services or closing your account. Termination will be effective on the date that your account is closed.
Effect of Termination. Upon termination, you will not have any further use of or access to the Services. Subject to applicable law, you will also not have any use of or access to any information you submitted through the Services, and all rights granted to you under these Terms will end. Termination does not relieve you of your obligations to pay amounts owed to us or others or to indemnify us. Termination does not revoke any third-party payment authorizations. The following provisions will survive even after these Terms terminate: Our Intellectual Property, Content, Disclaimer of Warranties, Limitation of Liability, Assignment and Third Party Beneficiaries, and Miscellaneous. To the maximum extent law allows, we will not be responsible for any loss, damage, harm or consequence, including any delay or inconvenience, you may suffer as a result of termination.
While we try to make Services that consistently work great for you, we provide them as-is, without any warranty. That means we don’t promise that they’ll always work, and we don’t promise that they’ll work in the way you expect. We are not responsible for any products or services you buy from others through the Services.
The Services are provided “as-is” and without any representation or warranty, whether express, implied, or statutory. We, our affiliates, and our respective agents and contractors(together, the “Disclaiming Entities”) make no representation or warranty of any kind whatsoever with respect to the Services or the content, materials, information and functions we make accessible, and specifically disclaim all implied warranties of merchant ability, fitness for a particular purpose, title and non-infringement. We do not promise that the Services will be uninterrupted, error-free or secure.
The Disclaiming Entities do not control or make any warranties regarding the products or services others provide in connection with the Services. In other words, we do not have control over the businesses from which you’re purchasing when using the Services, and we do not promise or imply that the products or services you buy using the Services will work as promised or be safe to use.
Some laws limit or prohibit disclaiming the warranties referred to in the previous paragraphs, or impose obligations on us that we can’t eliminate with these Terms. In those cases, this section (Disclaimer of Warranties) will apply to the maximum extent law allows.
The Disclaiming Entities will not be liable to you for any failure to perform our obligation under these Terms due to any abnormal or unforeseeable event outside our reasonable control, such as an act of terrorism, weather-related event, labor conditions, Internet disturbance, or pandemic.
The Disclaiming Entities will not be liable to you for any failure to perform our obligations under these Terms where performance of that obligation would have put us in violation of applicable law.
The Disclaiming Entities will not be liable to you in any circumstances for:
-l Loss of business, loss of goodwill, loss of opportunity, or loss of profit; orl Any loss -that we could not have reasonably anticipated.
In no event will the Disclaiming Entities’ liability arising out of or in connection with these Terms exceed the amount you paid to us in the last 12 months.
You and we agree that the other has relied on the disclaimer of warranties and limitation of liability stated above in entering into these Terms, the limitation and disclaimer are essential to the agreement between you and us under these Terms, and they will apply to the fullest extent allowed by law.
Some laws restrict our ability to disclaim or limit our liability. In those cases, this section will apply to the maximum extent law allows.
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the laws of Singapore. You and we irrevocably agrees that the courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.
You shall not allow someone else to take on your obligations under these Terms. We may enable a third party, including an affiliate, to enforce or assume our rights and obligations under these Terms, but we will only do so if that third party is capable of performing these Terms competently.
You shall not assign your rights or obligations under these Terms to anyone without our prior written consent. We may delegate performing our obligations, and we may assign our rights and obligations under these Terms, at any time for any reason. Any affiliate may enforce any of these Terms in our place.
These Terms, together with the Privacy Policy, and other policies and terms we provide to you online or offline from time to time are integrated into an agreement between you and us regarding the End User Services. In the event of an irreconcilable conflict or inconsistency between a provision in these Terms and any specific Terms, the specific Terms will govern. These Terms do not create any partnership, joint venture, or other agency relationship between you and us. If we do not immediately exercise a right we have under these Terms, we do not waive that right. We retain our ability and right to enforce any part of these Terms at a later time. If any part of these Terms is found unenforceable, that part will be ignored, and all of the remaining terms will remain in effect.
If you have any questions, please contact us by
Name
Evermighty Technology PTE.LTD.
Address
30 Pasir Panjang Road, #15-31A Mapletree Business City, Singapore 117440
help@shopby.app
