Last Updated: December 2017
1. TERMS AND CONDITIONS
The Terms and Conditions are the terms on which the Site offers you access to the Services and the Site. If you do not accept these Terms and Conditions, you must refrain from using the Services and Site.
2. AMENDMENTS OF TERMS AND CONDITIONS
The Site may amend these Terms and Conditions from time to time. Each User is responsible for ensuring they are familiar with the latest Terms and Conditions. Each User’s continued use of the Services represents their agreement to be bound by the Terms and Conditions.
3. DEFINED TERMS
In these Terms and Conditions:
“Company” means Delegate Pte Ltd (Company registration number [201511320E])
“User” means a User who purchases, or engages in discussions with a Vendor with the intention to purchase, Services.
“Delegate Message Centre” means the messaging system from time to time made available for communications between the Site, a User and / or a Vendor on the Site.
'Item', means goods or property that may be bought or sold through the Site.
“Services” means, as applicable, the sale of Items or services by a Vendor to a User, or the advertising of Items or services by a Vendor on the Site.
“Terms of Service” means an agreement entered into between the Company and a Vendor setting out the terms on which a Vendor advertises Services on the Site.
“Vendor” means an individual or company which has entered into a Terms of Service.
“Terms and Conditions” means these Terms and Conditions.
“Transaction” means any purchase of Items or Services by a User from a Vendor which is facilitated by use of the Site.
“Site” means www.justdelegate.co and any reference to the Site (including any rights or obligations attaching to the Site as a result of these Terms and Conditions or any other relationship of a legal nature which is created by virtue of a Users use of the Site) shall include a reference to the Company.
The Site is a platform and marketplace for event vendors and planners. User of the Site, hereafter referred to as “Users” include working professionals, corporate planners, event planners, prospective brides/brides-to-be and newlyweds and other third parties offering products and Services related to events (“Vendors”). Delegate, its partners and subsidiaries and the Site function solely as a neutral party and marketplace where Users and Vendors can and may connect for a particular type of Service or product. Delegate is not involved, nor Delegate a party to the actual transaction between users. Therefore, Delegate has no control over the quality, accuracy, safety, legality of transactions on the Site. Nor does Delegate have any control over accuracy of listings, vendor profiles or the ability of Vendors to provide the items or Services they promote. Delegate is not responsible for the actions or failures of Users or Vendors. The Site does not take any part in the Services other than by facilitating communication between Users and Vendors and, in the case of a completed Transaction, taking a Service Fee (in certain circumstances the Site may also receive a membership fee of equivalent fee from certain Vendors). If an offer to provide Services is acceptable to a User, a contract of sale will be formed between the Vendor and the User directly. The Site does not act as agent for either party and does not participate in any sale or Transaction, including where a User uses the Site to make payments to the Vendor.
Transactions and all other contact between Users are conducted entirely at each User’s own risk. Each User agrees that the Site takes no responsibility or liability for any misconduct of any User including, without limitation, Users that have registered under false pretenses or who attempt to defraud other Users. The Site gives no undertakings, representations, or warranties in relation to Services, including:
a. about ownership of any Item;
b. as to the content, safety, description, worthiness, quality, or legality of the Services that are listed on the Site;
c. as to the accuracy or truth of Services;
d. that the Services will meet a User’s requirements or expectations; or
e. about the ability of other Users to complete a Transaction, including credit card transactions.
Each User expressly understands and agrees that:
a. use of the Site and the Services is at each User’s sole risk. The Site and Services are provided on
an "as is" and "as available" basis. To the maximum extent permitted by law, the Site disclaims and excludes
all implied conditions or warranties;
b. the Site disclaims and excludes liability for any guarantees that a Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price;
c. the Site does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information provided on the Site is secure or error-free or reliable;
d. no advice or information that is obtained by a User from the Site or anyone else shall create any warranty by the Site that is not expressly stated in the Terms and Conditions; and
e. responsibility for the content of advertisements appearing on the Site rests solely with the Vendor. The placement of such advertisements on the Site does not constitute the Sites recommendation or endorsement of the advertised product or service. Each Vendor is solely responsible for any representation made in connection with its advertisement.
f. while the Site may facilitate payment for some Items or Services by credit card, the Site is in no way involved in the Transaction itself, and responsibility for any refund rests with the Vendor.
g. while the Site has systems in place to reduce the risk of credit card fraud, the Site is not responsible for protecting Users from credit card fraud.
Each User agrees that, to the maximum extent permitted by law, any and all liability and responsibility of the Site to a User or any other person under or in connection with these Terms and Conditions, or in connection with the Services, this Site, another User's acts or omissions, or a User’s use of or inability to use, the Services or this Site, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. The Site's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
Each User agrees to release, indemnify and keep indemnified the Site from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with the User’s failure to comply with these Terms and Conditions, the User’s failure to complete a Transaction, the User’s use of the Site or arising out of any of the Services.
Without limiting any other rights and remedies available to the Site, the Site may limit a User’s activities on the Site in its absolute discretion.
10. ACCOUNT CREATION
Each User warrants that it has provided complete, accurate and current personal information when creating an account on the Site. Each User must maintain and update its personal information held by the Site to ensure it is kept current at all times. The Site may phone or mail a User to verify these details.
11. DELETION OF ACCOUNT
The Site reserves the right to decline to register or to terminate an account without entering into further discussions with the User.
12. LOGIN INFORMATION
Each User is responsible for keeping their login information secret and secure.
The Site may send Users emails relating to their account, Transactions and other activities on the Site, and for promoting and marketing the Site and Services. Communications will contain clear instructions for how a User can unsubscribe from the mailing list.
a. All communications made through the Site shall be made in good faith.
b. Users must not damage, interfere with or harm the Site or Services, or any network, or system underlying or connected to them, or attempt to do so.
15. COMMUNICATION BETWEEN USERS
a. Users must not attempt to communicate with other Users through any means other than the Delegate Message Centre. This includes, but is not limited to, provide their email address, phone number or any other contact detail by any means.
b. Users must not complete a Transaction outside of the Site process or otherwise seek to avoid the Site’s commission and other fees. Attempts by any User to avoid such fees may result in the Site suspending or terminating User accounts and seeking compensation through all available legal means.
c. Vendors must not use the Site to promote Items for sale outside the Services.
16. OBLIGATIONS OF VENDORS
a. Vendors must comply with all obligations set out in the relevant Terms of Service. The Terms and Conditions are in addition to (and not a replacement of) the terms contained in the relevant Terms of Service. In the event of a conflict between these Terms and Conditions and the relevant Terms of Service, the terms of the Terms of Service shall prevail.
b. Vendors must only advertise Services that are accurate, current, complete, and include all relevant information about the Services.
c. All Services must comply with Singapore law.
d. The Site reserves the right to remove advertisements that it deems unsuitable or in breach of the Terms and Conditions.
17. OBLIGATIONS OF USERS
a. Users must make full and prompt payment for Services purchased on the Site.
a. The Site may be used by Users free of charge.
b. Fees will be chargeable to Vendors in accordance with the relevant Terms of Service.
19. RESOLUTIONS OF DISPUTES
As the Site is not a party to any Transaction between Users, Users agree not to involve, or attempt to involve, the Site in any dispute or in the resolution of disputes that arise with another User.
20. NO LIABILITY
The Site has no liability for any lack of performance, unavailability or failure of the Services or the Site, or for any failure of the Site to comply with these Terms and Conditions.
21. NO WAIVER
In the event that the Site does not exercise or enforce any right available to it under these Terms and Conditions, it does not constitute a waiver of those rights.
22. PARTIAL INVALIDITY
If any provision of these Terms and Conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining Terms and Conditions, which shall continue in full force and effect.
23. GOVERNING LAW
These Terms and Conditions are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms and Conditions, shall, at the election of the Site (acting in its sole discretion) be either:
a. resolved by discussions and consultations between the parties in good faith; or
b. referred to and finally resolved by arbitration in accordance with the then in force Arbitration Rules of the Singapore International Arbitration Centre; or
c. submitted to the exclusive jurisdiction of the courts in Singapore; or
d. any combination of (a)-(c) above.
24. INTELLECTUAL PROPERTY RIGHTS
The Site owns all proprietary and intellectual property rights in the Site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Site. Users may not without the Site’s prior written permission, in any form or by any means:
a. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works
from any part of this Site; or
b. Commercialize, copy, or on-sell any information, or Items obtained from any part of this Site.
25. ENTIRE AGREEMENT
Other than in respect of the Terms of Service, the terms of which shall remain in full force and effect, these Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these Terms and Conditions.