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Please read these terms and conditions of use of the Service ("Terms" or "Terms of Service") carefully before using Gotomalls.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access, visit or use Gotomalls.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Definitions
"Gotomalls" or the "Service" means the mobile and the desktop website, being capable of dispatching information, promotions and services onto the customer’s device and handling payment and available in particular on the urlwww.gotomalls.com and its subdomains.
"Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available in Gotomalls.
"DominoPos" or "we" or "us" or "our" means DominoPos Pte Ltd.
"DominoPos Group" shall means DominoPos and/or any of its subsidiaries or business partners having entered into any agreement with DominoPos to operate Gotomalls in any country.
"User" or "you" or "your" means anyone who uses the Service.
Accounts
When you create an account with DominoPos Group, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password, including your social media password, which you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password, including your social media password, to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
By creating an account with DominoPos Group, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.
You may only access the Service using authorized means. DominoPos Group is not liable if you do not have a device or web browser not compatible with the Service. DominoPos Group reserves the right not to permit you to use the Service should you use the Service with an incompatible or unauthorized device or for purposes other than which the Service is intended to be used.
Content Ownership, Responsibility and Removal
DominoPos exclusively owns or reserves all right, title and interest in and to the Service and Content, including all associated intellectual property rights – for example, as between DominoPos the mall operators and/or the department stores and/or the telecom operators and/or any client of DominoPos Group (collectively referred to as the "Clients" and, individually as a "Client").
The Clients that are featured within the Service own all right, title and interest in and to the Content included in the Clients’ coupons, as the case may be.
You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of the Singapore and foreign countries.
You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.
General Prohibitions
You agree not to do, and you do not allow any third party to do any of the following:
Use, or attempt to use, the Service in any way that (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable local, state and foreign laws or regulation, including without limitation those relating to privacy, electronic communications, and anti-spam legislation, or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, anti-Semitism, xenophobia, negationism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence, terrorism, or any action that are threatening or likely to be threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Post, upload, publish, submit or transmit any Content, or attempt to post, publish, submit or transmit any Content, that (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable local, state and foreign laws or regulation, including without limitation those relating to privacy, electronic communications, and anti-spam legislation, or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, anti-Semitism, xenophobia, negationism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence, terrorism, or any action that are threatening or likely to be threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Use, display, mirror or frame, or attempt to use, display, mirror or frame, the Service, or any individual element within the Service, Gotomalls’ name or any entity of DominoPos Group’s name, any trademark of any entity of DominoPos Group, logo or other proprietary information, or the layout and design of any page or form contained on a page, without DominoPos express prior written consent;
Access, tamper with, or use, or attempt to access, tamper with or use, non-public areas of the Service, DominoPos’ computer systems, or the technical delivery systems of the Clients;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent, or attempt to avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent, any technological measure implemented by DominoPos or any of the Clients or any other third party (including another User) to protect the Service or Content;
Access or search, or attempt to access or search, the Service or Content or download, or attempt to download, Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by DominoPos Group or other generally available third party web browsers;
Send, or attempt to send, any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Decipher, decompile, disassemble or otherwise reverse engineer, reconstruct, discover, or attempt to decipher, decompile, disassemble or otherwise reverse engineer, reconstruct, discover, any of the software used to provide the Service or Content or any source code, underlying ideas, algorithms, file format or programming or interoperability interfaces of Gotomalls;
Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, distribute viruses or other harmful or malicious computer code, overloading, flooding, spamming, or mail-bombing the Service;
Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we are not obligated to monitor access to or use of the Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements.
We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms.
We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Privacy Policy
Please refer to our Privacy Policy at www.gotomalls.com/privacy-policy for information on how we collect, use and disclose information from you.
You agree that your use of the Service will be subject to our Privacy Policy as may be amended from time to time.
Links to Third Party Websites or Resources
Our Service may contain links to third party websites or services that are not owned or controlled by any entity of DominoPos Group.
DominoPos Group has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that DominoPos Group shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Disclaimer of Liability
You assume sole responsibility for the use of the Service, and/or for results obtained from the use of the Service, and/or for conclusions drawn from such Service.
We shall have no liability for any damage caused by the use of the Service, errors or omissions in any information, instructions or scripts provided to us by you in connection with the Service, or any actions taken by us at your direction. We assume no responsibility for the Content and the accuracy of the information listed in Gotomalls particularly, but not limited to, merchants and mall information, promotions, coupons and events.
Disclaimer of Warranties
Use of the Service is at your own and full risks. Consequently, we cannot guarantee that the use of the Service will be error-free and continuously available for use without interruption.
The Service is provided “as-is”, on an “as available” basis without any representation, warranty or condition of any kind, and we hereby disclaim all conditions, representations and all warranties whether express or implied, arising by law or otherwise with respect to the Service, including, but not limited to, any (i) implied warranty of merchantability or fitness for a particular purpose, (ii) implied warranty from course of performance, course of dealing, or usage of trade, (iii) warranty of title or non-infringement; or (iv) statutory remedy.
We shall not be held liable for any direct, indirect, incidental, general, special or consequential damages arising out or relating to the use of the Service.
In particular, we shall not be held liable (i) for any direct, indirect, incidental, special or consequential damages arising out or relating to any Wi-Fi network or 3G/4G/5G network and (ii) for any direct, indirect, incidental, special or consequential damages arising out or relating to the own system of the User, including any damage arising out or relating to the interaction between the system of the User and the Service.
You assume full responsibility for the use of the Service specified herein and the results obtained therefrom.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Assignment and Contractors.
The User may not assign any of its rights or obligations under this Terms of Service without our prior written consent. Subject to the foregoing, the provisions of these Terms of Service shall be binding on and inure to the benefit not only of DominoPos Group and the User hereto but also to their successors and assigns. DominoPos Group shall be free to perform all or any part of Terms of Service through one or more subcontractors.
Purchases and Payment
When a transaction through the Service takes place, payment is processed whereby (a) credit card / debit card / online banking information is held and (b) price of the transaction is charged to the selected payment method immediately.
A current, valid and accepted payment method (as may be updated periodically, “Payment Method”) must be provided to us for use of the Service. When using our Service, it is assumed that the stipulated price listed on each item on Gotomalls and/or on the merchant’s price list is mutually agreed upon transacting.
When a transaction through the Service takes place, DominoPos Group will not collect your financial data (including, but not limited to, bank card details). All your financial data are collected and stored by a certified payment gateway which allows to secure your financial data and the transactions through your use of the Service.
DominoPos Group, in the event of any loss or damages, will not be held liable regardless of the circumstance whether it be contract, tort, negligence, strict liability or other basis arising from the use and/or the access of our Service. This includes any third party link to or from Gotomalls.com. The services listed and provided on Gotomalls.com constitute a ‘willing seller and willing buyer’ basis. Thus, DominoPos Group is absolved of any form of liability which may occur as a result of any transaction. The exclusion clause is to be taken into full extent as permitted by law. In particular, you acknowledge and agree that we shall not be liable for any improperly processed or unauthorized payments or fraudulent access to the your account or your data, including financial data.
Any/all purchases made through Gotomalls.com will be inclusive of (if any) taxes which are constituted by the specific regional law. You will be in agreement to any form of prevailing tax, duties, fees, charges and/or cost, however denominated, which may be charged by extent of the regional law at any time.
Refunds: All transactions which are conducted are non-refundable in the case of unclaimed purchases. In cases whereby, you have been wrongfully billed, a “case-to-case” basis approach will be taken in the presence of credible evidence of such. The Company holds full authority and discretion towards the outcome of such circumstances. Cash refund requests will be considered on a case-by-case basis and will be subjected to a surcharge of ten per centum (10%) on the transacted amount. The Company reserves the right to conduct thorough investigations over a period of time deemed that is deemed necessary by customer service agents of DominoPos Group.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
Severability – Force Majeure - Changes
If one or more of the provisions of these Terms of Service is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality and enforceability of the remaining provisions of these Terms of Service shall be unaffected. Neither DominoPos Group nor the User shall be deemed in default or otherwise liable for any delay in or failure of its performance under these Terms and Conditions by reason of any act of God, fire, natural disaster, accident, act of government, shortage of materials or supplies, failure of transportation or communication or of suppliers of goods or services, or any other cause to the extent it is beyond its reasonable control.
We may update the Terms from time to time to reflect changes to our information practices. If we make material changes to the Terms, we will notify you by prominently posting the revised Terms (including the revision date). Your continued access or use of the Service constitutes your acceptance of the terms as revised. It is your responsibility to review the Terms frequently.
In the event of any conflict between the English and other language versions, the English version shall prevail.
Feedback
We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You can submit Feedback by emailing us at cs@gotomalls.com
Contact Information
If you have any questions about these Terms or the Service please contact us at cs@gotomalls.com.
By communicating with DominoPos Group and using the Service, you acknowledge that you have read and understood these Terms.
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