1.1 Blackpeach.com.sg is a website (the “Website”) operated by Blackpeach Pte. Ltd., a company registered in the Republic of Singapore under the Unique Entity Number 201631565Z and having its registered address at 10 Anson Road #10-11 International Plaza 079903 Singapore.
1.2 Throughout the Website, the terms “Blackpeach”, “we”, “us” and “our” refer to Blackpeach Pte. Ltd.. Blackpeach offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
4.2 You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
4.3 You must not transmit any worms or viruses or any code of a destructive nature.
4.4 A breach or violation of any of the Terms will result in an immediate termination of our Service.
5.2 Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to:
6.1 We reserve the right to refuse Service to anyone for any reason at any time.
6.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks
6.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.
6.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
7.1 We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
7.2 This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
8.1 We allow business partners that provides members access to savings, benefits and, exclusive services (“Partners”) to display information on our Website. There is no fee sharing arrangement on a commission basis between Blackpeach and any Partners for any business matter. Blackpeach further expressly disclaims any representation or warranty that the information displayed in our listings are correct or reliable. Under no circumstances shall Blackpeach have any liability to you for any reliance on such information.
8.2 When you contact or engage the Partners that are listed on our Website, no legal relationship, engagement, or retainer is formed between you and Blackpeach. Blackpeach is not responsible for your dealings with any of the Partners listed on our Website.
8.3 Before retaining a Partners, you should carefully consider the Partner’s knowledge and experience and ask for a written legal agreement detailing the terms and conditions of the engagement, including all fees, expenses and other obligations.
9.1 We may update and make improvements to the Website regularly and can change the content at any time. We will use our reasonable efforts to keep the Website available to you, but if necessary, we may suspend access to the Website, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period. You understand and agree that your use of the Website remains subject to such suspension or closure.
10.1 Because the Service that we provide is always evolving, its form and nature may change from time to time and we may not be able to give you prior notice. In addition, we may stop (permanently or temporarily) providing features within the Service to you or to users generally. Wherever possible we will try to provide you with prior warning of a disruptive event.
10.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
10.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
11.1 In order to provide you with an introductory experience of using the Service, we may allow you to access on the Website, free of charge for your personal use (“Premembership”).
11.2 The nature of such Premembership as well as your Premembership access privileges shall be entirely at our discretion. We reserve the right at any time to modify or discontinue, temporarily or permanently, Free Plan(s) without notice to you or giving any reason.
You may browse through the public-access content on the Website anonymously.
However, in order for you to:
You represent and warrant that (1) any information you provide in connection with your account creation and use of the Website is true, accurate and complete and you will maintain and update such information regularly; and (2) you will respect the intellectual property and other informational and all rights of Blackpeach and others.
In these Terms, the content you or other users upload to the Website, includes, but is not limited to, document layouts, source code, pictures, video and other images, audio materials, graphics, document or data files, information relating to natural and other persons, messages, e-mail and other communications, files, texts, opinions, feedback, suggestions, ideas, personalization settings and other information or content, which is or may be provided to Blackpeach or placed on the user’s Blackpeach profile page or inputted or uploaded by you via the Website or related means (“User Content”).
Blackpeach disclaims any and all liability for your disclosure of personally identifiable or confidential information you submit via the Website to other users. It is your responsibility to ensure that Website users to whom you submit personally identifiable or confidential information will take appropriate security and non-disclosure measures.
Blackpeach has the right to remove User Content at our discretion and may terminate accounts of Users who violate the Terms.
You agree that you will not under any circumstances transmit any User Content (including software, text, images, or other information) that:
Blackpeach cannot and does not undertake to screen, review, edit, censor or otherwise filter or control User Content or the behavior of users of User Content or the Website.
However, Blackpeach may, but shall not be obliged to, review, either by manual or automated means, all User Content which is or may be uploaded on this Website, and monitor or review any areas of this Website where users transmit or post communications or communicate with each other or Blackpeach (as applicable). Blackpeach retains the right (but disclaims any obligation) to reject, not post, not use, remove, amend, deny access to and/or delete any User Content, without notification, which it, in its sole discretion, deems a breach these Terms. Blackpeach retains the right to co-operate with any law enforcement authorities, or in response to court and other official requests directing that Blackpeach disclose the identity of anyone posting.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify Blackpeach of any unauthorized uses of your account or any other breaches of security. Blackpeach will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
We may prescribe on the Website different Membership options for using the Services. You may register for such subscriptions or Memberships through your customer account.
The Membership fees may be set at our discretion.
Prices for our Memberships are subject to change without notice.
We reserve the right, but are not obligated, to limit the sales of our Memberships to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any Memberships that we offer. All descriptions of Memberships or Memberships pricing are subject to change at anytime without notice, at the sole discretion of Us.
We reserve the right to discontinue any Memberships at any time. Any offer for any Memberships made on this Website is void where prohibited.
We do not warrant that the quality of any Memberships, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
The Membership fees shall be paid prior to the commencement of your usage of or subscription for the Services.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Except in the case of our collection of excess Membership fees due to administrative mistake, all fees, charges and other monies payable in consideration of using the Services are non-refundable once paid.
Ongoing Memberships may be canceled or terminated by you submitting a written request to us at any time prior to their expiry. however, there will be no refunds for any unused portion of the cancelled Membership.
Upon cancelation or expiry of your Membership, you will no longer be able to utilize or access any part of the Service that you were using through such Membership.
Your subscription will not be automatically renewed at the end of the subscription term.
From or around 60 days before the date of expiry of your current Membership, we will send you a notification email of your impended membership renewal on at least 2 separate occasions. If you do not wish for your subscription to be renewed, you just have to let your membership terminate after the expiry date.
On the other hand, if you do respond to the notification emails, on or around the date of expiry of your current Membership, you may renew such subscription directly on our Website using any valid payment source to pay off accompanying Membership fees or usage charges.
You may pay the applicable Membership fees using any of the payment methods prescribed on the Website from time to time.
You acknowledge that whichever payment method you select subjects you to the applicable user agreement of such payment method.
You may not claim against us or any of our agents for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method prescribed on the Website without notice to you or giving any reason.
While we endeavour to provide an accurate description of the various Membership fees applicable to the Service, we do not warrant that such description is accurate, current or free from error. We reserve the right to amend such fees or charges at any time without giving any reason or prior notice. In the case where an erroneous fee or charge has been paid by you, we reserve the right to unilaterally terminate your continued use of the Service and refund you the monies paid by you.
We reserve the right to change at any time, the terms and conditions and any and all features of any Memberships offered in relation to the Service. Such changes shall be effective upon their publication on the Website. Where such changes may result in a substantial and material reduction in the availability and benefits to you of the Service, we will provide holders of ongoing subscriptions written notice of such changes. In all other circumstances, we will give notice (which may be immediate notice) before the changes take effect. You understand and agree that your using the Services on or after the date on which such changes were published on the Website shall be deemed as awareness and acceptance of the relevant changes.
In the case of ongoing Memberships, you may write to us at email@example.com at any time to request information on the outstanding Terms of your Membership.
Memberships are specifically governed by our “Cardholder Agreement & Benefit Coverages Guide” (“Membership Agreement”). The Membership Agreement is available (a) on our Website, and (b) by writing to us at firstname.lastname@example.org.
14.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
14.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
14.3 Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
15.1 The Website and certain content, products and services available via our Service may be materials from third-parties (“Citations”).
15.2 Citations on our Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Citations, third-party materials or websites, or for any other materials, products, or services of third-parties.
15.3 We are not liable for any harm, damages, loss, injury, claims, or liability related to your use of any website linked to the Website or to your purchase or use of goods, services, resources, content, or any other transactions made in connection with Citations and any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding and third-party products and services should be directed to the third-party.
15.4 Your use of any Citations on our Website is at your own risk. In addition, the Citations do not mean that we sponsor, are affiliated to or associated with, or legally authorised to use, any third-parties’ trade name, registered trademark, logo, legal or official seal, or copyrighted symbol.
16.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
16.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
16.3 You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
18.1 While we endeavour to provide accurate information on our Website, there may occasionally be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to our products descriptions, offers, pricing, promotions and availability.
18.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).
18.3 We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
19.2 We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.
20.1 We regularly back up all data on the Website database to safeguard against technical glitches such as server crashes and other like events that may lead to loss of data.
21.1 We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
21.2 We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
21.3 You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.
21.4 You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
21.5 In no case shall Blackpeach, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
21.6 The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under Singapore law or statutory rights which may not be excluded, nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
21.7 To the extent that foregoing limitation of liability is prohibited, Blackpeach’s sole obligation to you for damages shall be limited to SGD100.00.
22.1 Obtaining any materials through using the Service is done at your own discretion and at your own risk. Blackpeach shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content.
23.1 You agree to indemnify, defend and hold us, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Website, including, without limitation, User Content, your violation of these Terms, or your violation of any rights of a third party through use of the Website or User Content.
25.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
26.2 We will use reasonable efforts to ensure that the Website is available at all times. However, we cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free. The Website may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Website.
26.3 We make no promise that the materials on the Website are appropriate or available for use in locations outside Singapore. Accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
27.1 Blackpeach respects the intellectual property rights of others and expects users of the Services to do the same.
27.2 All contents of the Website are Copyright ® 2017 Blackpeach. All rights reserved. Blackpeach, Blackpeach.com.sg, and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and any such use may constitute an infringement of our rights. Other trademarks or service marks on our Website are the property of their respective owners. Unless otherwise stated, we do not endorse and are not affiliated with any of the holders of such rights and we cannot and do not grant any license to exercise such rights.
31.1 You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your using the Service.
31.2 Our performance of these Terms is subject to existing laws and legal process. Nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
31.3 You must not assign or otherwise transfer these Terms, or any right granted under them, without our written consent. We can freely transfer our rights under the Terms.
31.4 We may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.
31.5 You agree that we may reference you as our customer, and that we may reasonably use, on a royalty-free basis, your trademark or logo for such purpose.
32.1 All matters related to the Website will be governed by the laws of Singapore, without regard to conflicts of law’s provisions.
33.1 If you have a complaint, question, or dispute (collectively, "Dispute") regarding the Website, you are encouraged to bring it to our attention. You may contact us at email@example.com, and we will try to address your concerns. If we are unable to resolve a dispute ourselves, any dispute relating in any way to the Website shall be submitted to the jurisdiction of the courts of the Republic of Singapore.