Terms And Conditions

TECHTILE E-MOBILITY SERVICES TERMS & CONDITIONS

(sign-up via customer portal or mobile app)

 

These Terms and Conditions (these "Terms") apply to the services and information that Techtile Pte. Ltd. ("Techtile", "we", "our", or "us") provides to you through the website at www.emmasg.com and via our mobile application EMMA SG (our "Website" or "Site") (collectively, the "Services") (the Services and the Website are collectively referred to as the "Platform").

 

To assist you in using the Platform and to ensure a clear understanding of the relationship arising from the use of the Platform by you and your representatives and/or users of the Platform, we have created these Terms and Conditions and the Privacy Policy. Our Terms govern your use of our Platform, and our Privacy Policy explains how we treat information that we have about you. Our Terms apply to anyone that uses or visits our Platform (collectively, "you" and "your").

 

  1. Your Agreement

 

By accessing our Platform, you acknowledge that you have read these Terms and agree to be legally bound by them. We may also confirm your agreement to be bound by these Terms by asking you to click an "I accept" or similar button when you access certain parts of our Platform.

 

Further, if you are agreeing to these Terms on behalf of a company, an organisation, or other legal entity ("Your Organisation"), then (i) you represent and warrant that you have authority to act on behalf of, and to bind, Your Organisation, and (ii) for all purposes in these Terms and the Privacy Policy, the term "you" means Your Organisation on whose behalf you are acting.

 

IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE OUR PLATFORM.

 

  1. Scope of Terms, Privacy Policy and Other Contracts

 

          Our Privacy Policy explains, among other topics, how we treat information that you provide to us through the Platform. By accessing our Platform, you consent to our privacy practices as set out in our Privacy Policy, which is available here: www.emmasg.com/privacy-policy. The provisions of our Privacy Policy are incorporated herein.

 

Further, certain parts of the Platform may be subject to additional or different terms and conditions. We will notify you if a part of the Platform is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such part of the Platform if you do not agree with the differing terms and conditions.

 

          Use of our mobile application and the online dashboard and platform is governed by these Term and any other agreements into which you and Techtile may enter.

 

          These Terms must be read in conjunction (i) with other agreements into which you and Techtile may enter, and (ii) with our Privacy Policy. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall prevail. Similarly, to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement shall prevail.

 

  1. Eligibility

 

          You must be at least 18 years old to use the Platform and participate in the Services. We reserve the right to establish such other eligibility criteria in our sole discretion. Do not use the platform or participate in any services if you are under the age of 18. By accessing or using the Platform, participating in any Services, or registering to become a registered user, you represent and warrant to us that you are at least 18 years old and that you possess the legal right and ability to agree to these Terms.

 

  1. Registered Users.

 

          In order to access and participate in certain Services, you must create an account on our Website as a registered user ("Registered User"), and be logged into your account. For example, you must become a Registered User in order to access your user profile and otherwise manage your account.

 

          To become a Registered User, and to participate in certain Services, you may be required to agree to certain other terms and conditions with us and/or our service providers. As further set forth in Clause 2 (Scope of Terms, Privacy Policy and Other Contracts), your use of our Platform as a Registered User is subject to and governed by the terms of other agreements into which you may enter in addition to these Terms.

 

          During the registration process, you must provide certain information. You agree that the information you provide to us in this process is complete and accurate. If you become a registered user and obtain a password, we will treat anyone who uses your user name and password as "you", and you agree to be responsible for all uses by anyone using your password.

 

Please notify us immediately if you suspect that someone is using your user name and/or password in an inappropriate manner.

 

  1. Ownership; Reservation of Rights; Disclaimer

 

          The software, video, audio, pictures, trademarks, text, logos, and other information and content on the Platform, including any Third Party Content (as defined below), and all other intellectual property embodied in the Platform (collectively, the "Platform Content") are the property of Techtile and its licensors, and protected by copyright and applicable intellectual property laws. We and our licensors retain all rights with respect to the Platform and the Platform Content, except those expressly granted to you in these Terms.

 

You agree not to duplicate, publish, display, distribute, modify, or create derivative works from Platform Content or other materials presented through the Platform, unless specifically authorised in writing by us.

 

The Platform Content are provided in good faith. They are supposed to be correct at the time they are published on the Platform. However, we neither represent nor guarantee the completeness and accuracy of the Platform Content.

 

In no event shall we or our licensors be liable for any damages that may result from the reliance on or use of the Platform Content. The Platform Content should not be considered as recommendations for the use of services, information, products, procedures, or equipment that would be in contradiction with any intellectual property or other rights.

 

No warranty, express or implied, is given regarding the nature of the Platform Content provided, nor as to their suitability for a particular purpose, nor as to the services and products referred to in such Platform Content. We reserve the right to modify or correct the Platform Content at any time without prior notice.

 

We do not guarantee, without this list being exhaustive, that the Platform and Platform Content operate without interruption and that the servers that provide access to the Platform, Platform Content and/or third party sites for which hypertext links refer do not contain viruses.

 

 

  1. Grant of Rights to You

 

Subject to these Terms, we grant to you a limited, non-exclusive, non-transferrable right to access and use, strictly in accordance with these Terms, all publicly available and, if expressly authorised, password-protected areas of our Platform and Platform Content to: (i) learn more about us and the products and services that we offer; (ii) participate in and receive or use those Services that we make available to you; and (iii) access other information that we make available through our Platform (collectively, the "Permitted Uses").

 

You agree that: (i) the Platform and Platform Content, and the Permitted Uses, are made available solely for your bona fide use, or, if you are agreeing to these Terms on behalf of Your Organisation in a business-to-business context, then solely for your informational purposes; and (ii) you shall not use the Platform or Platform Content for any purpose other than the Permitted Uses.

 

  1. Payment for Services

 

Payment for the Services is via direct debit or credit card payment. In accessing the Services, you must link your account to your preferred payment method by entering your debit or credit payment card(s) details.

 

If you represent an organisation or if you are on a corporate arrangement where the organisation pays for your usage of the Services, payment shall be made by the organisation pursuant to terms in a Direct Debit Authorisation form to be duly filled out by the duly authorised representatives of the organisation.

 

If you accept these Terms, please complete the details OF YOUR DEBIT OR CREDIT CARD, OR in the Direct Debit Authorisation Form (WHICHEVER IS APPLICABLE) at the end of this documenT OR AS DIRECTED ON THE WEBSITE OR MOBILE APP (AS THE CASE MAY BE). YOU ARE RESPONSIBLE TO PROVIDE COMPLETE AND ACCURATE INFORMATION IN THE FORM.

 

We or our authorised representatives are authorised to secure a hold for the value of the Services ordered during checkout, and once you have confirmed the order, to debit the total order amount against the authorised payment type supplied by you when completing your order.

 

Payment authorisation does not constitute a payment to us but confirms the validity of the account information entered at checkout, and the availability of necessary funds.

 

By submitting your order and payment card details, you warrant that you are at least the age of 18, are authorised to make payment with the payment card, and that there are sufficient funds available to pay for the order.

 

Payment, if any, for the provision of any of the Services shall be made in the manner prescribed by us, including via a credit card or debit card, our mobile application or such other payment mode as made available by us. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice or giving any reason.

 

Where payments are made through our mobile application, you acknowledge, agree and consent that your Personal Data may be disclosed to third parties (located within and outside of Singapore) processing such payment transactions, including debit/credit card companies, banks and payment gateways, and, subject to their respective personal data privacy policies and applicable laws, may be used, processed and stored by such third parties to facilitate payments that the you now or subsequently make.

 

You acknowledge and agree that our records and any records of the communications, transactions, instructions or operations made or performed, processed or effected through the our platform by you or any person purporting to be you (whether or not authorised by you), or any record of communications, transactions, instructions or operations relating to the operation of our platform and any record of any communications, transactions, instructions or operations maintained by us or by any relevant person authorised by us relating to or connected with our platform shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations.

 

  1. Code of Conduct

 

By using our Platform, you agree to comply with these Terms and to otherwise comply with the following Code of Conduct, under which you shall not:

 

  • Use the Platform or any Platform Content for purposes other than the Permitted Uses.

 

  • Use the Platform or any Platform Content for uses that are unlawful, obscene, harmful, hateful, invasive of the privacy of others, objectionable, or otherwise prohibited by these Terms.

 

  • Use the Platform or any Platform Content in a manner that could disable, overburden, or impair the Platform or any Platform Content, or interfere with another party's use and enjoyment of the Platform or any Platform Content, such as through sending "spam".

 

  • Seek to obtain access to any Services, materials, accounts, or information through hacking, data harvesting, data mining, or through other means we have not intentionally made available to you through the Platform.

 

  • Infringe Techtile or any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.

 

  • Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Information.

 

  • Use the Platform or any Platform Content to test or reverse engineer the Platform or any Platform Content in order to find limitations, vulnerabilities, or to evade filtering capabilities.

 

  • Seek to obtain access to any materials or information through "hacking", "data harvesting", or through other means we have not intentionally made available to you through the Platform.

 

  • Use the Platform or any Platform Content for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including those governing privacy, consumer protection, unfair competition, and false advertising). You are responsible for your own compliance with all applicable laws.

 

We reserve the right at any time to: (i) monitor your use of the Platform; and (ii) terminate or suspend your use of some or all of our Services if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.

 

If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us as set out in Clause 18 (Contact Us).

 

  1. Linked Sites; Third Party Content

 

The Platform may contain links to third party websites (each, a "Third Party Site"). We have no control over these Third Party Sites or their content, and we do not assume responsibility or liability for any content, opinions, or material available on them. Third Party Sites may include websites operated by third parties that we engage to provide certain services to you on our behalf. The Platform may also contain data or other materials that are made available by third parties, or content that are based on such third party data or other materials (such as graphs and visualisation) ("Third Party Content").

 

Techtile does not own these Third Party Sites or Third Party Content. We expressly disclaim, and do not assume, any responsibility or liability for any Third Party Content, or any content, opinions, or material available on Third Party Sites, or such Third Party Sites' privacy practices with respect to information that you provide via the Third Party Sites.

 

We do not endorse the content of any Third Party Site or represent or warrant that a Third Party Site is or will be free of computer viruses or other harmful code that can impact your computer or other web-access device. We encourage you to review any Third Party Site's terms of use, privacy policy and cookie policy as those, and not our Terms and Privacy Policy, are applicable to your use of such Third Party Site and any information that they collect. By using the Platform to link to another site (including Third Party Sites) or by using or relying upon Third Party Content, you agree that such use is at your own risk.

 

The decision to activate the links is made solely by you. We may modify or delete a link on the Platform or Platform Content at any time.

 

  1. Statements about Future Products and Services

 

The Platform may contain statements about future products or services that may currently be in development, planning, or testing. Please note that any such statements are: (i) provided for informational purposes only; (ii) based on our current expectations, assumptions, and plans that may change; and (iii) not intended to be guarantees or promises of any kind and do not constitute any binding commitment or offer to provide any products or services in the future. As such, please do not rely on any such statements as predictions of future products or services. We do not undertake to update or revise any such statements or to make any other statements, whether as a result of new information, changes, or otherwise.

 

  1. Indemnity

 

You agree to defend, indemnify, and hold Techtile and its affiliates, officers, directors, agents, and employees harmless from and against any liability to third parties, including legal costs on a full indemnity basis, arising from or related to your use of our Platform and/or Platform Content or breach of these Terms or the Privacy Policy (each a "Third Party Claim"). We shall give you timely notice of, and have the option to undertake and conduct the defense of any such Third Party Claim, if we determine in our discretion that you are not diligently prosecuting such defense.

 

  1. Warranty Disclaimer

 

TECHTILE DOES NOT PROMISE THAT THE PLATFORM OR ANY PLATFORM CONTENT (INCLUDING THIRD PARTY CONTENT) WILL BE ERROR-FREE OR UNINTERRUPTED. THE PLATFORM AND PLATFORM CONTENT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS OR USE THE PLATFORM OR PLATFORM CONTENT, YOU DO SO AT YOUR OWN RISK. TECHTILE DOES NOT REPRESENT OR WARRANT THAT MATERIALS YOU DOWNLOAD OR ACCESS FROM THE PLATFORM, IF SUCH MATERIALS ARE AVAILABLE TO YOU FOR DOWNLOAD OR ACCESS, WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

 

TECHTILE DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE PLATFORM (INCLUDING PLATFORM CONTENT); AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE PLATFORM (INCLUDING PLATFORM CONTENT), INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF, INCLUDING ANY RELIANCE UPON, THE PLATFORM AND PLATFORM CONTENT (INCLUDING THIRD PARTY CONTENT) IS AT YOUR SOLE RISK.

 

  1. Limitation of Liability

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL TECHTILE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PLATFORM OR PLATFORM CONTENT.

 

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE PLATFORM OR PLATFORM CONTENT EXCEED THE LESSER OF: (I) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE RESULTING IN SUCH LIABILITY; OR (II) ONE HUNDRED SINGAPORE DOLLARS (S$100).

 

  1. Modifications to these Terms

 

From time to time, we may change these Terms for our business purposes and to comply with changes in applicable law. In the event of substantive or material changes, we may communicate these changes to you by posting the updated Terms on the Platform and/or notifying you of the change via the Platform, email, or other methods. Any changes to these Terms shall take effect proactively. Regardless of whether we have provided you with notice other than by posting updated Terms on the Platform, your subsequent acceptance of these Terms pursuant to Clause 1 (Your Agreement) constitutes your agreement to be bound by the Terms, as updated.

 

  1. Assignment

 

These Terms shall not be assignable by you, either in whole or in part, without our prior written consent. Techtile reserves the right to assign its rights and obligations under these Terms without your consent.

 

  1. General

 

These Terms shall be governed by and construed in accordance with the laws of Singapore. The Parties submit to the exclusive jurisdiction of the courts of Singapore.

 

If any provision of these Terms is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced.

 

Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such Clause.

 

Techtile's failure to act with respect to a breach by you or others does not constitute a waiver of its right to act with respect to subsequent or similar breaches. Subject to Clause 2 (Scope of Terms, Privacy Policy and Other Contracts), These Terms set forth the entire understanding and agreement between Techtile and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

 

Save for the Goldbell Group of companies, our affiliates, officers, directors, agents, and employees, the Contracts (Rights of Third Parties) Act 2001 shall not apply to these Terms and no person who is not a Party hereto shall have or acquire any right to enforce any term pursuant to the said Act.  The Parties may amend any clause of these Terms without the consent of any person not a party to these Terms.

 

  1. Survival

 

In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Clauses shall survive any termination or expiration of these Terms and shall apply indefinitely: (i) Clause 5 (Ownership; Reservation of Rights; Disclaimer); (ii) Clause 11 (Indemnity); (iii) Clause 12 (Warranty Disclaimer); (iv) Clause 13 (Limitation of Liability); (v) Clause 15 (Assignment); (vi) Clause 16 (General); and (vii) Clause 17 (Survival).

 

  1. Contact Us

 

If you have any questions about these Terms or your dealings with the Platform, then please email us at AskEmma@techtile.sg or contact us by other means of communication as described on our Platform.