Terms of Service

These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by ShuttleMatch (as defined below).

1. General

These Terms apply to all Users of the Services, including without limitation Users who are organisers, player, sellers, buyers, coaches, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.

These Terms are between you and Ontraq Management Pte Ltd or between you and any different service provider identified for a particular Service. For ease of reference, each of Ontraq Management Pte Ltd is referred to in these Terms as “ShuttleMatch”.

By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.   

ShuttleMatch 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.

If you have any questions, please refer to our [Help Centre].

2. Use of the Services

Subject to your compliance with these Terms, ShuttleMatch grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

You shall use the Services in accordance with these Terms and shall not:

• Upload or communicate any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
  
• Violate any applicable laws, rules or regulations in connection with your access or use of the Services. The laws include the terms of booking the venues and facilities in Singapore.
• Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
  
• Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
  
• Use any proprietary information or interfaces of ShuttleMatch or any other intellectual property of ShuttleMatch in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
• Use the Services in violation of or to circumvent any sanctions or embargo.
  
• Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of ShuttleMatch or its affiliates, partners, suppliers or licensors.
  
• 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, competitive with or in any way a substitute for the Services or any services, product or software offered by ShuttleMatch.
  
• Use the Services to send, post, or otherwise communicate any Content which is false, offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, infringing, fraudulent, illegal, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically, religiously or otherwise objectionable.
  
• Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
  
• Collect any information in respect of other Users without their consent.
• Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
  
• Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory. 
• Use any 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.
  
• Commit any act to avoid paying any applicable fees and/or charges.
  
• Use the Services to upload, post, or otherwise communicate any Content which falsely represents that your listing(s) falls under a program offered by ShuttleMatch when it is not. This includes but is not limited to misrepresenting that a listing is a Certified listing under ShuttleMatch’s Certified Program.
  
• Authorise or encourage anyone to do any of the foregoing.

ShuttleMatch reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.

3. Account

You would need to have an account with ShuttleMatch (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:

• If you are an individual, you are at least 18 years of age.
  
• If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
  
• You are capable of entering into and performing legally binding contracts under applicable law.
  
• All information which you provide is accurate, up to date, truthful and complete.

If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.

You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:

• Keep your password secure.
  
• Keep your account information up to date at all times.

Comply with ShuttleMatch’s [prevailing policies] and [guidelines] (which form a part of these Terms) and all applicable laws with respect to your activities and the Content which you upload to the Services.

Unless expressly permitted by ShuttleMatch and subject to these Terms and any other additional terms as ShuttleMatch determines, you shall not set up multiple Accounts.

You shall not:

•  lend, transfer or sell your Account or User ID to another party; and 
• must not use another User's Account without their permission. 

To this end, ShuttleMatch reserves the right to suspend or terminate your Accounts and/or deny or restrict your access or that of any person to the Services at any time, without advance notice to you.

ShuttleMatch reserves the right to treat multiple Accounts set up by or on behalf of the same User, whether after obtaining ShuttleMatch’s authorization or not, as one. This includes the right to treat the funds held in multiple Accounts as one, including to debit any such Account to satisfy debts, payments and refunds under any other Account held by you or on your behalf. For instance, where you have engaged in a Prohibited Transaction using one of your multiple accounts, ShuttleMatch may use the funds in that account and/or any of your other accounts to reimburse a buyer up to the amount equivalent to monies the buyer paid in connection with that Prohibited Transaction.

3.1 ShuttleMatch Subscriptions
In addition, you may also claim, redeem and/or purchase subscriptions (“ShuttleMatch Subscriptions”) for access and use of additional features and Services via a subscription service on or via any of the Platforms (as defined below) or any of the methods as may be made available on the Platforms or as may be notified to you from time to time.

Any such purchases shall be in accordance with ShuttleMatch’s prevailing subscription rules and fees which are as set out below or referenced herein by hyperlink, and forms a part of these Terms. 

4. Bumps, Shoutout and Spotlight campaigns

You may purchase Jump (“Jump”) for increased visibility for your listings in accordance with ShuttleMatch’s prevailing listing and priority rules and charges, which can be found at [Jump], and forms a part of these Terms.

You acknowledge and agree that:

• ShuttleMatch does not represent or warrant that any any listing placed in Spotlight will lead to a like, offer, chat, follow and by extension, sale;
  
• the fees payable in respect of each Jump Campaign are subject to and dependent on the number of views or clicks (as the case may be) and the category which the listing placed in Jump resides in. In addition, each category has its unique demand for views and placing a listing in Spotlight in more popular categories will cost more; and
• notwithstanding the above, 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. 

5. Fees and Payments

Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged subscription fees, listing fees, quota fees, and/or fees and charges otherwise in relation to your Account or listing (collectively, the “ShuttleMatch Fees”).

You may pay your ShuttleMatch Fees using a credit card, debit card, cheque or by way of telegraphic or other electronic means of transfer. You may also pay your ShuttleMatch Fees through any of the methods as may be made available on the Platforms 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 monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, your ShuttleMatch Subscription will automatically be suspended and/or terminated if payments are not received within ten (10) days from due date;
  
  
• If your credit card has expired, or if you wish to use a different credit card, please notify us promptly by sending an email to [xxx@shuttlematch.com] at least 14 days before your next subscription fee payment is due. Please indicate “Expiry/Change of Credit Card details” at the subject header;
  
  
• save as set out in this Clause, all subscription fees, listing fees and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any ShuttleMatch 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;
  
  
• You shall make prompt payment of all ShuttleMatch Fees, in full before the due date stipulated by ShuttleMatch for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to ShuttleMatch, without prejudice to any other rights or remedies available to us, ShuttleMatch shall be entitled to: (i) terminate and/or suspend your Account and/or your access to the Services; and/or (ii) charge you a late payment fee on the overdue amount at the rate of 1.5% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue ShuttleMatch Fees and any legal fees and collection costs incurred by ShuttleMatch in collecting any past due amounts. This fee will be applied on the day after the payment due date and will applied each month until the overdue amount is paid;
  
  
• in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. ShuttleMatch 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; and
  
  
• you are responsible for collecting and paying any taxes associated with using and making sales through the Services. Depending on the tax legislation of your country of residence, goods and services tax or similar consumption tax might apply in addition to your fees.

5.1 Listing Fees & Quota

You may be limited to a maximum number of active listings you may publish on your profile at a time (“Listing Quota”). Any additional listing insertion is subject to a fee in accordance with ShuttleMatch’s prevailing fees’ rules and charges, which can be found in [Listing Quota fee] and forms a part of these Terms:

You acknowledge and agree that:

• ShuttleMatch does not represent or warrant that any ShuttleMatch Fees paid or payable will lead to a like, offer, chat, quality lead and by extension, sale; 
  
• ShuttleMatch reserves the right to correct the balance of your quotas if we believe that an error, including clerical error, has occurred. ShuttleMatch may also, in its discretion, allocate Listing Quotas to you at no cost to you (“Free Quotas”), subject to any additional terms and conditions. ShuttleMatch reserves the right to withdraw, amend and/or alter any part of or the whole terms and conditions of such Free Quotas, at any time without giving prior notice or compensation in cash or in kind.;
• All fees and/or charges paid by you to us for any listing fee, listing quota and listing insertions such as [Listing Quota fee] are non-refundable; and
• 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.

6. ShuttleMatch is a Platform

The Services provide a platform for Users to interact with each other, and to buy and sell items. ShuttleMatch does not pre-screen a User or the Content provided by an Organiser, Player, Buyer and Seller (Collectively “User”), nor is ShuttleMatch directly involved in transactions between Users. Consequently, ShuttleMatch has no control over, and you agree that ShuttleMatch is not responsible or liable for, any of the following:

• The quality, safety, morality, legality or authenticity of any aspect of the items advertised and/or listed,
• The truth or accuracy of the listings by Organisers and sellers, the ability of Organisers to attract Players and sellers to sell items or the ability of buyers to pay for items.
  
• The true identity, age, nationality, badminton skill level or sense of humour of a User.
  
• Any Content posted by Users.

You are encouraged to use the features and functions available on the Services to communicate with other Users and/or to find out more about an item which a User has put up for sale. However, please exercise common sense, respect and good judgment in your interactions with other Users. While ShuttleMatch endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other Users is entirely at your own risk.

7. Court game postings and content

The Services allow Users to create court availability and other listings on the marketplace and/or share, post and/or communicate content, such as photos, videos, comments, data, text, links, product description, product specification and/or other information (“Content”).

You retain ownership rights in the Content which you upload or share on the Services but you grant ShuttleMatch a worldwide, fully-paid, royalty-free, sub-licensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to ShuttleMatch’s Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.

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.

You acknowledge that ShuttleMatch does not pre-screen Content uploaded by Users. ShuttleMatch shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, ShuttleMatch 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 suspected to be / is in breach of these Terms.
  
• If ShuttleMatch has received a complaint or notice of infringement in respect of the Content.
  
• If the Content is otherwise objectionable.

ShuttleMatch may also block Content and the delivery of a communication (including, without limitation, feedback, 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.

8. Selling and Buying on ShuttleMatch Marketplace

In using the Services to create a listing and offer an item for sale, offering coaching services and/or offer a service (as the case may be), you agree to comply with the following:

• All items must comply with these Terms and ShuttleMatch's policies, which can be found [Policies].
  
• You must provide a fair, accurate and complete description of each item, including your price for the item.
  
• Your listing for an item 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 in any manner whatsoever.
  
• All items,  and offer of services must be listed in the appropriate category.
  
• Any links included in your listing leads to your personal or corporate website and must not include any links to third party websites.

You acknowledge and agree that ShuttleMatch has no control over any website other than the ShuttleMatch website. Without prejudice to the rest of these Terms and ShuttleMatch’s policies, you warrant, in respect of each service and/or item which you offer for sale on the Services (as the case may be), that:                                                    

• You are the 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.

All offers made and accepted through the Services are binding.

If you are a seller who has accepted a buyer’s offer for an item:

• You agree to ship the item or otherwise complete the transaction with the buyer in a prompt manner unless there is an exceptional circumstance, for instance, if the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer's identity.
  
• You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the item. However, you must not charge excessive shipping fees or otherwise avoid fees.
  
• You may not alter the item's price after a sale or misrepresent the item's location and price.

If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you cannot authenticate the seller’s identity.

Notwithstanding the foregoing, where ShuttleMatch is not involved in a Transaction which is solely between Users, ShuttleMatch cannot ensure that a User (whether as a buyer or seller) would follow through and complete a Transaction.

9. Payment Service

ShuttleMatch allows a Players to make payment for games booked or buyers for items purchased on the Platform using account options provided by the Payment Service Providers. ShuttleMatch is not responsible for the transactions made through the third-party Payment Service Providers or data provided by Users.

9.1.Payment Services Provider 

In order to provide the Payment Services, you acknowledge that ShuttleMatch may integrate the services provided by certain service providers, subcontractors, partners and/or agents (“Payment Service Providers”) into the Platform and that Payment Service Providers provide its payment processing services subject to their respect Additional Terms. In order to use the Payment Services, you agree to comply with such Additional Terms, as the same may be modified by the Payment Service Providers from time to time, and other applicable Additional Terms.

Information required for Payment Services: In order to use the Payment Services, you must provide ShuttleMatch and/or its related corporations with accurate and complete information required for the Payment Services including account information for at least one valid debit or credit card through the Platform. ShuttleMatch and/or its related corporations use such information as described in the Privacy Policy, and you acknowledge and agree that we may use certain third-party service providers including Stripe to process payments and to manage the account information you have provided to us. You may add, delete, and edit the payment method account information you have provided from time to time directly through the Platform.

By providing the account information for a credit or debit card, you represent and warrant, that: (i) you are legally authorised to provide such information to us; (ii) you are legally authorised to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorize a payment using any such account(s) via the Platform, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).

By using a particular payment method, you are agreeing to the terms of service of the relevant processing partner and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the selected payment method.

You agree to authorise ShuttleMatch and/or its related corporations to process the Payment Services on your behalf including but not limited to making, accepting and/or refunding any payments. 

10. Additional Terms

If you use any of the Payment service, you acknowledge that such services shall be subject to or governed by additional terms and conditions of third-party service providers, partners, subcontractors and/or agents (“Additional Terms”). You agree to comply with such Additional Terms including the terms and conditions set out in the Stripe Connected Account Agreement (available at: https://stripe.com/sg/connect-account/legal), may be modified or updated from time to time, and any other terms and conditions that may be referred to or incorporated within such Additional Terms.  

11. Prohibited Items

Without prejudice to the generality of Clause 8, you acknowledge and agree that you shall not use the ShuttleMatch Platform, Payment Services in connection with unlawful or illegal activities such as counterfeiting, money laundering and counter-terrorism financing and any content, business or activities set out in the following policies: [Prohibited items] Guidelines and https://stripe.com/sg/prohibited-businesses (the “Prohibited Transactions”). You understand and agree that all Prohibited Transactions shall be deemed void, and that ShuttleMatch has the right to take all steps at its sole discretion that ShuttleMatch deem as reasonable and/or necessary to ensure that you do not use the ShuttleMatch Platform, Payment Services in connection with the Prohibited Transactions, including but not limited to the following:

(a) remove and/or compel you to remove illegal, infringing, unlawful or otherwise any prohibited content without advanced notice to you; and

(b) access, preserve and/or disclose your account information and content in connection with the Prohibited Transaction to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over ShuttleMatch; 

12. Disputed Transactions

ShuttleMatch is not responsible for any disputed transaction between you and another User. It is your sole responsibility to get all the information you need before entering into the transaction. You agree that you will not hold ShuttleMatch liable for any outcome resulting from your action or inaction relating to any disputed transaction.

If you are in dispute with a User of our Services, you are encouraged to contact that User to resolve the situation amicably. If the dispute is notified to ShuttleMatch, ShuttleMatch will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You agree to release ShuttleMatch and to indemnify and hold ShuttleMatch harmless from and against any claims, demands, liabilities and/or damage arising out of or in connection with your disputes with Users of our Services.

13. Privacy

13.1 Your privacy is very important to us at ShuttleMatch and we have provided the ShuttleMatch Privacy Policy, which can be found [Privacy Policy], to explain our privacy practices. Please review the Privacy Policy to understand how ShuttleMatch collects, uses and discloses information collected and received from you.

13.2 If you come in possession of another User's (the "Disclosing Party") personal data through the use of the Services, you hereby agree that you will 

• collect, use, process and/or disclose the personal data for the purposes in which it was provided for, in compliance with all applicable personal data protection laws with respect to any such data, and in a manner that does not cause ShuttleMatch to be in breach of its obligations under personal data protection laws; 
• not transfer the personal data to a place outside the country of collection without the Disclosing Party’s prior written consent. If the Disclosing Party provides consent, the personal data transferred outside of Singapore must be protected at a standard that is comparable to that under the Personal Data Protection Act 2012. If you transfers personal data to any third party overseas, you shall procure that such third party undertakes to adhere to the same; 
• protect the personal data in your control or possession by making reasonable security arrangements (including, where appropriate, physical, administrative, procedural and information & communications technology measures) to prevent unauthorised or accidental access, collection, use, disclosure, copying, modification, disposal or destruction of personal data, or other similar risks; 
• put in place adequate measures to ensure that the personal data in your possession or control remains or is otherwise accurate and complete. In any case, you shall take steps to correct any errors in the personal data, as soon as practicable upon the Disclosing Party’s written request;
• allow the Disclosing Party to review what information have been collected by you; and 
• upon the request of the Disclosing Party: (a) return to the Disclosing Party, all personal data; or (b) delete all personal data in your possession, and, after returning or deleting all personal data, provide the Disclosing Party with written confirmation that it no longer possesses any personal data. Where applicable, you shall also instruct all third parties to whom it has disclosed personal data for the agreed purposes to return to the Disclosing Party or delete, such personal data,

in each case, in compliance with and where required by applicable laws.

14. Intellectual Property

You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of ShuttleMatch. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of ShuttleMatch. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by ShuttleMatch.

The Services may utilise or include third party software that is subject to open source and third-party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third-Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third-party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.

You are not authorised by ShuttleMatch to use ShuttleMatch’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of ShuttleMatch, which may be withheld for any or no reason.

15. Reporting Unauthorised Content

ShuttleMatch respects 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 a User, please email to us at [xxx@shuttlematch.com].

ShuttleMatch reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement and/or incompliance with other applicable rules, laws and/or regulations.

16. Suspension and Termination

You may deactivate your Account at any time through the “Settings” section of your Account.

ShuttleMatch reserves the right to, at its sole discretion, and without liability:

• Suspend or terminate your Account and/or your access to the Services (in whole or in part) at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies.
• Suspend or terminate your Account and/or your access to the Services (in whole or in part) at any time, for any reason, and without advance notice.
• Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
• Suspend or terminate your Account and/or your access to the Services (in whole or in part) at any time, in the event of any act, threats of, verbal and/or written abuse against any ShuttleMatch User, ShuttleMatch employees, representatives and/or officer. 

You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to back up the Content which you upload to the Services.

Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

17. No Warranty

You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.

ShuttleMatch does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and ShuttleMatch’s servers are free of viruses or other harmful components.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). ShuttleMatch is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

ShuttleMatch disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by Users or the third-party content and services. ShuttleMatch is not responsible or liable in any manner for the third-party content and services associated with or utilized in connection with the Services, including the failure of such third-party content and services. 

No advice or information, whether oral or written, obtained by you from ShuttleMatch or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that ShuttleMatch has no obligation to support or maintain the Services.

In addition, the Services may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. ShuttleMatch does not accept any responsibility in connection with your participation in activities conducted by any other party.

18. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

IN NO EVENT SHALL SHUTTLEMATCH OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY 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 AND WHETHER OR NOT SHUTTLEMATCH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHUTTLEMATCH’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY SHUTTLEMATCH IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS OR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF SINGAPORE DOLLARS THEN STANDING TO THE SHUTTLEMATCH COINS IN YOUR ACCOUNT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Nothing in these Terms shall apply to or in any way limit or exclude ShuttleMatch’s liability for: (a) death or personal injury caused by its negligence; (b) dishonesty, deceit or fraudulent misrepresentation; or (c) liability which may not otherwise be limited or excluded under any applicable laws and regulations.

19. Indemnity

You will indemnify and hold harmless ShuttleMatch, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, directors, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content and/or products; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any legal or statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.

If any person (“Complainant”) files a complaint with ShuttleMatch in relation to any products and/or the Content listed, made available, displayed, offered for sale and/or sold on ShuttleMatch Platform and requests ShuttleMatch to take action against a User of our Services, the Complainant agrees to hold ShuttleMatch harmless and to fully indemnify ShuttleMatch against any and all liabilities, losses, costs (including but not limited to legal costs), expenses and damages of any nature whatsoever incurred or suffered by any of them as a result of or however arising from any actions that ShuttleMatch may take in reliance of or as result of such complaint filed by the Complainant. The Complainant further agrees not to take any legal action or make any claim, complaints or demand against ShuttleMatch in relation to such complaint.

20. Compatibility

ShuttleMatch does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. 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, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that ShuttleMatch and its subsidiaries, affiliates, partners, officers, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

21. Sub-contracting by ShuttleMatch

ShuttleMatch reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as ShuttleMatch deems appropriate.

22. Miscellaneous

You and ShuttleMatch are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

Except as provided herein, any failure by ShuttleMatch to exercise a right or require performance of an obligation in these Terms shall not affect ShuttleMatch’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 ShuttleMatch and supersedes all prior or contemporaneous understandings and/or agreements between you and ShuttleMatch.

23. Governing Law and Jurisdiction

You hereby agree that the laws of Singapore shall govern these Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

Last updated on 23 September 2024