TERMS AND CONDITIONS OF USE

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 application and the website, dispatching information, promotions and services onto your smartphones and handling payment and available in particular on the url 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:

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.

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.


v3 April 2017