Terms of Service
Last updated 12 July 2015
1.1 You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. We are Merrymaker Pte Ltd and we are the owner of www.Merrymaker.com. We are a company registered in Singapore with our registered office at 22 Sin Ming Lane #06-76 Midview City Singapore 573969 (and we refer to ourselves as "Merrymaker", “The Company", "we" or "us" or "our" in this document).
1.2 Please read this agreement carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
1.3 These Terms and Conditions were most recently updated on 30 June, 2015. We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. By using any of the company products or clicking on the "signup" button, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, click on the "cancel" button and do not use the company products. Continued use of the Service or the Website will be deemed to constitute acceptance of the new terms and conditions.
1.4 Your statutory rights: As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
2.1 In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
2.1.1 "Merchant" means a third party seller of goods and services for which a Ticket can be redeemed.
2.1.2 "Microsite" means an auxiliary website supplementary to our main website.
2.1.3 "Purchase" means the purchase of a Ticket. Each Ticket is subjected to terms and conditions, which, if purchased by you, allows you (i.e. the purchaser of it but not anyone else) to redeem it at a particular Merchant in exchange for goods or services offered by that Merchant.
2.1.4 "Register" means "create an account on the Website" (and "Registration" means the action of creating an account).
2.1.5 "Service" means all or any of the services provided by Merrymaker via the Website (or via other electronic or other communication fromMerrymaker) including the information services, content and transaction capabilities on the Website (including the ability to make a Purchase).
2.1.6 "Website" means the www.Merrymaker.com website and any Microsite.
2.1.7 "Ticket" means a ticket which is subject to terms and conditions, which, if purchased by you, allows you (i.e. the purchaser of it but not anyone else) to redeem it at a particular Merchant in exchange for Ticket Products offered by that Merchant.
2.1.8 "Ticket Products" means goods and/or services offered by a particular Merchant which are described as part of a Ticket.
2.1.9 “Fine Print" means terms and conditions for goods and/or services offered by a particular Merchant.
3. GENERAL ISSUES ABOUT THIS WEBSITE AND THE SERVICE
3.1 Applicability of terms and conditions: Use of the Service and the Website and any Purchase are each subject to the terms and conditions set out in this Agreement.
3.2 Age: To use the Website and/or the Service (whether with or without registration) and to make any Purchase, you must be 18 years of age or over.
3.3 Place: The Website and the Service and any Purchase are directed solely at those who access the Website from Singapore. We make no representation that the Service (or any Tickets or services) are available or otherwise suitable for use outside of Singapore. If you choose to access the Website (or use the Service or make a Purchase) from locations outside Singapore, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
3.4 Scope: The Website, Service and any Purchase are for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
3.5 Prevention on use: We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Purchase.
3.6 Equipment: The Service and use of the Website and the making of any Purchase does not include the provision of a computer or other necessary equipment to access the Website or the Service or making of any Purchase. To use the Website or Service or to make a Purchase, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
4. REGISTRATION AND ACCOUNTS
4.1 Why to register: You do not need to Register to use much of the functionality of the Website or to access much of the Service. However, You must Register in order to make a Purchase from the Website. This is so that we can provide you with easy access to print your orders, view your past purchases and modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time.
4.3 Passwords: Once you sign up, you will be need to assign a password for your account. You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that any person to whom its user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Service and Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
4.4 Valid email addresses: All accounts must be registered with a valid personal email address that you access regularly, so that, among other things, moderation emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
4.5 Closing accounts: We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration
accounts, or if an non-SG user pretends to be a SG user, or disrupts the Website or the Service in any way.
4.6 Multiple logons: If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
5. PURCHASE OF TICKETS
5.1 Need for registration: Merrymaker sells Tickets via the Website that can be redeemed for from a Merchant. You must Register in order to make a Purchase from the Website.
5.2 Emails: As a condition of Purchase, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases, as well as updates about the Website and Service as well as other promotional offers. (You can always opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.)
5.3 When a purchase transaction is complete: When you go through the procedure for purchasing a product or service, after you have confirmed your acceptance to these terms and conditions and after we have taken payment (by debit card or credit card) the transaction is complete (and a contract for Purchase is made) only when we email you confirming the transaction (which is our acceptance of the transaction). We keep a copy of the contract between us - and you are welcome to print out these terms and conditions from our website as a record.
5.4 This Agreement applies: By making a Purchase, you acknowledge that the Purchase is made subject to this Agreement.
5.5 Redemption: Once you have made a Purchase, the Ticket is redeemable by You from a Merchant for Ticket Products provided by that Merchant. The particular Merchant and particular goods and services offered by that Merchant for which the Ticket can be redeemed / delivered will be stated on the Ticket. Any attempted redemption of a Ticket not consistent with this Agreement may render a Ticket void at our (or a Merchant’s) discretion.
5.6 RESPONSIBILITY: The Merchant, and not Merrymaker, is: 5.6.1 the seller of the Ticket Products;
5.6.2 solely responsible for providing you with the Ticket Products and for the Ticket Products themselves; and
5.6.3 solely responsible for redeeming any voucher you purchase
5.7 Restrictions: (i) Reproduction, sale, resale or trade of a Ticket purchased from Merrymaker is prohibited. Any attempt to carry out any of these will potentially void the Purchase at our discretion.
5.8 Combination: It is at the discretion of the Merchant to determine whether Tickets can be combined with any other promotions, vouchers, third party certificates or coupons.
5.9 Lost/stolen invoice: Neither we nor the Merchant are responsible for lost or stolen Tickets.
6. YOUR OBLIGATIONS
6.1 Merchant terms: Merchants will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
6.2 Accurate information: You warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
6.3 Content on the Website and Service and Invoices: It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.
6.4 Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
6.4.1 to send or receive any material which is not civil or tasteful;
6.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
6.4.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
6.4.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
6.4.5 to cause annoyance, inconvenience or needless anxiety;
6.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
6.4.7 for a purpose other than which we have designed them or intended them to be used; 6.4.8 for any fraudulent purpose;
6.4.9 other than in conformance with accepted Internet practices and practices of any connected networks; or
6.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
6.5 Forbidden uses: The following uses of the Service (and Website) and Tickets are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
6.5.1 resale of the Service (or Website) or any Ticket;
6.5.2 furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
6.5.3 attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
6.5.4 accessing the Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
6.5.5 executing any form of network monitoring which will intercept data not intended for you;
6.5.6 sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
6.5.7 creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
6.5.8 sending malicious email, including flooding a user or site with very large or numerous emails;
6.5.9 entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
6.5.10 using the Service or Website (or any relevant functionality of either of them) in breach of this Agreement;
6.5.11 unauthorised use, or forging, of mail header information;
6.5.12 engage in any unlawful activity in connection with the use of the Website and/or the Service or any Ticket; or
6.5.13 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.
7. RULES ABOUT USE OF THE SERVICE AND THE WEBSITE
7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Service or the Website will be free of faults (or invoices will be free of error) and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: hello@Merrymaker.com.
7.2 We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all.
7.3 We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
7.4 Also, although we will try to allow uninterrupted access to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time.
7.5 We reserve the right to change, modify, substitute, suspend or remove without notice any information or product or service on the Website or forming part of the Service from time to time. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation,
RSS feeds). For the avoidance of doubt, we may also withdraw any information or Ticket from the Website or Service at any time.
7.6 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.
8. SUSPENSION AND TERMINATION
8.1 If you use (or anyone other than you, with your permission uses) the Website or Service or in contravention of this Agreement, we may suspend your use of the Service and/or Website (in whole or in part) and/or a Ticket.
8.2 If we suspend the Service or Website or a Ticket, we may refuse to restore the Service or Website or Ticket until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.
8.3 Merrymaker shall fully co-operate with any law enforcement authorities or court order requesting or directing Merrymaker to disclose the identity or locate anyone in breach of this Agreement.
8.4 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Service and/or Website; ii) suspend your use of the Service and/or Website; iii) suspend the use of the Service and/or Website for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:
8.4.1 you commit any breach of this Agreement;
8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
8.5 Notwithstanding anything else in this Clause 8, we may terminate this Agreement at any time.
8.6 Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
9.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of:
9.1.1 any claims or legal proceedings which are brought or threatened against us by any person arising from:
a) your use of the Service or Website;
b) the use of a Ticket;
c) the use of the Service or Website through your password; or 9.1.2 any breach of this Agreement by you.
10. STANDARDS AND LIMITATION OF LIABILITY
10.1 We warrant that:
10.1.1 we will exercise reasonable care and skill in performing any obligation under this Agreement, and
10.1.2 we have the right to sell Products and Services which are of satisfactory quality and fit for their purpose.
10.2 This Clause 10 (and Clause 1.4) prevails over all other Clauses and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
10.2.1 the performance, non-performance, purported performance or delay in performance of this Agreement or the Service or Website (or any part of it or them); or
10.2.2 otherwise in relation to this Agreement or the entering into or performance of this Agreement.
10.3 Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied by ss.12 and 14 Sale of Tickets Act 1979 or s.2 Supply of Tickets and Services Act 1982; or (iv) any other Liability which cannot be excluded or limited by applicable law (including, without limitation liability pursuant to Clause 1.4).
10.4 We do not warrant and we exclude all Liability in respect of:
10.4.1 the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or Website or otherwise; and
10.4.2 the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
10.4.3 your use of any information or materials on the Website (which is entirely at your own risk and it is your responsibility);
10.4.4 Products and Services which are sold and in respect of the quality, safety, usability or any other aspect of the products or services).
10.5 Save as provided in Clause 10.3 but subject to Clause 10.6, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property other than that caused by our Breach of Duty.
10.6 Save as provided in Clause 10.3 but subject to Clauses 10.4.3 and 10.8, our Liability for loss of or damage to your (or another person’s) tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this Agreement, shall not exceed S$10. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause 10.6.
10.7 Save as provided in Clauses 10.3 and 10.4.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement.
10.8 Save as provided in Clause 10.3, we shall have no Liability for: 10.8.1 loss of revenue;
10.8.2 loss of actual or anticipated profits;
10.8.3 loss of contracts;
10.8.4 loss of the use of money; 10.8.5 loss of anticipated savings;
10.8.6 loss of business;
10.8.7 loss of opportunity;
10.8.8 loss of goodwill;
10.8.9 loss of reputation;
10.8.10 loss of, damage to or corruption of data; or
10.8.11 any indirect or consequential loss;
and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Clauses 10.8.1 to 10.8.10 apply whether such losses are direct, indirect, consequential or otherwise.
10.9 Save as provided in Clause 10.3, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) S$50; or b) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
10.10 The limitation of Liability under Clause 10.9 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
10.11 In this Clause 10:
10.11.1 "Liability" means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and for the purposes of this definition, all references to "this Agreement" shall be deemed to include any collateral contract); and
10.11.2 "Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
11. DATA PROTECTION
12.1 We may place advertisements in different locations on the Website and at different points during use of the Service. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
12.2 You are free to select or click on advertised goods and services or not as you see fit.
12.3 Any advertisements may be delivered on our behalf by a third party advertising company.
13. LINKS TO AND FROM OTHER WEBSITES
13.1 Where the Website contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept and we assume no responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
13.2 This Website may make available access to Microsite(s) and if it does, it may do so within or otherwise through external hyperlinks.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered) in the Website and Service, (subject to Clause 14.4) information content on the Website or accessed as part of the Service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
14.2 None of the material listed in Clause 14.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
14.3 All rights (including goodwill and, where relevant, trade marks) in the Merrymaker name are owned by us (or our licensors). Other product and company names mentioned on the Website are the trade marks or registered trade marks of their respective owners.
14.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
14.5 The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
14.6 Subject to Clause 14.7, any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual,
irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world- wide any such material.
14.7 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
15.1 Interpretation: In this Agreement:
15.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
15.1.2 clause headings such as ("15. GENERAL" at the start of this Clause) and clause titles (such as "Interpretation:" at the start of this Clause 15.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and’
15.1.3 references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
15.2 No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
15.3 No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
15.4 Assignment: You may not assign or delegate or otherwise transaction with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
15.5 Force majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
statement made by the other upon which that party relied in entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Agreement) and that party’s only remedies shall be for breach of contract as provided in this Agreement. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.
15.7 No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
15.8 Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
15.9 Third party rights: All provisions of this Agreement apply equally to and are for the benefit of Merrymaker, its subsidiaries, any holding companies of Merrymaker, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
15.10 Survival: In any event, the provisions of Clauses 1, 2, 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 6.1, 9, 10, 14 and 15 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Website or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Website or Service. In the event you use Products or Services bought under this Agreement, then those provisions applicable to purchases will survive termination of this Agreement.
15.11 Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
15.12 Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with English law and both parties hereby submit to the exclusive jurisdiction of the courts of Singapore.
Merrymaker Pte Ltd
TERMS OF SALE
This page sets out the terms for the sale of Tickets by Merrymaker Pte Ltd to you.
1. CONTRACT AND INFORMATION ON THE ORDERING PROCESS
1.1. The parties to this contract: These Terms of Sale ("Terms of Sale") are an agreement between you, the customer (referred to herein as "you" or "your") and Merrymaker Pte Ltd (referred to herein as "Merrymaker", "we", "us" or "our"). We are a company registered in Singapore (company registration number 201326677C with our registered office at 22 Sin Ming Lane #06-76 Midview City Singapore 573969.
1.2. The Website: Merrymaker Pte Ltd (UEN: 201326677C) (T/A Merrymaker) (referred to herein as “Merrymaker”) is the operator and owner of the website. When you interact with the Merrymaker website
1.4. Your offer: Your click of the “Buy Now / Book Now / Reserve Now” button is an offer to buy the products sold by Merrymaker (the “Tickets”). Your offer is not accepted, and our contract with you is not complete, until we email you confirming your order. Please note that we reserve the right to reject your offer and not conclude a contract with you, in particular, in case of limited availability of the Ticket Products.
1.5. A copy of these Terms of Sale: We keep a copy of the contract between us (these Terms of Sale) – and we advise you to print out these Terms of Sale as a record.
1.6. Your legal rights: As a consumer, nothing in these Terms of Sale affects your legal rights related to faulty or misdescribed goods or your ability to cancel the contract.
1.7. Updates to these Terms of Sale: These Terms of Sale were most recently updated on 30 June 2015. We reserve the right to amend these Terms of Sale at any time (which we will post online). Any amendments to these Terms of Sale made after you have submitted your order will not apply to you in respect of that order.
2. PRICING AND PURCHASE
2.1. Pricing and whom you pay: The Tickets are sold by Merrymaker. Merrymaker will take and process your payment for your order. For clarification, it is not Merrymaker which sells the Ticket Products to you. You are buying the product from Merrymaker. All prices on the website for Tickets Products are inclusive of legally applicable GST. Prices are set out to you prior to your purchase and at order confirmation. Our prices may change at any time, but changes will not affect your order, other than in circumstances described in Clauses 2.4 and 2.5 below.
2.2. Delivery charges: The prices for the Ticket Products may or may not include delivery charges. Any such charges will be stated in the “Fine Print” section of the transaction. If delivery charges are not included, such costs will be displayed separately and added to the total amount due before you complete your order.
2.3. Placing your order: After you place an order by clicking the “Buy Now / Book Now / Reserve Now” button and agreeing to these Terms of Sale, you will receive an email confirming receipt of your order and the details of your order. You will receive another email confirming dispatch of the Tickets Products.
2.4. Errors and omissions: Occasionally there may be an error or omission related to the pricing or description of the Ticket Products we sell. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified or learning of them. We reserve the right to change, modify, substitute, suspend, or remove without notice any information related to Ticket Products for sale.
2.5. Post-purchase errors and omissions: Where we have made an error or omission and you have already purchased the Ticket Products:
2.5.1. If the actual price of the Ticket Products is less than the stated price at the time you purchased the Ticket Products, we will charge you the lower price; or
2.5.2. If the price of the Ticket Products is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a full refund.
3. CHANGES TO ORDER
3.1. Changing your order: Once you have placed your order, we are unable to make any changes to your Ticket, including the quantity of Ticket Products ordered or the delivery address. This Clause does not impact your legal rights to cancel or any rights to return you may have for the particular purchase.
4. DELIVERY OF TICKETS PRODUCTS
4.1. Shipping: Merrymaker shipping options and fees will be set forth in the Fine Print and will vary by offer. Your purchase is not eligible for shipment outside Singapore.
4.2. Delivery estimates: Delivery estimates are provided in the Fine Print section of the transaction. We will do all that we can to meet the date given for delivery. Please note that unless otherwise stated, delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such.
4.3 Re-delivery: If you are not available to take delivery or collection, we will send you a SMS instruction on either re-delivery.
4.3.1 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for any fee and other costs reasonably incurred by us; or
(b) no longer make the Product available for delivery or collection and notify you that we are
immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less administration charges
4.3. Title: Legal title to the Ticket Products will transfer to you (i.e. the Ticket Products will become your personal property) when the Ticket Products are delivered to the delivery address you provided to us.
5. OUR CANCELLATION RIGHTS
5.1. We may cancel: We may have to cancel an order before the Ticket Products are delivered due to an event outside our reasonable control, including due to equipment breakdown or transportation difficulties. We will promptly contact you if this happens.
6. RETURNS AND REFUNDS
6.1. Our Return Policy: If the Ticket Products have a defect or fault existing at the time of delivery please immediately inform our customer service staff through the chat support on www.Merrymaker.com or through the Contact Us form. If a defect or fault is found or the Ticket Products do not match your order, we will replace such Ticket Products or provide a partial or full refund, in accordance with applicable law. As we are not the manufacturer of the Ticket Products, it is not possible for us to repair defective, faulty or non-conforming Ticket Products. Ticket Products that have been misused or changed may not be eligible for returns.
6.2. Title to returned Ticket Products: Merrymaker takes legal title to the returned Ticket Products only after the Ticket Products arrive at our return destination as specified in each Ticket Products fine print. Merrymaker reserves the right to issue a refund without requiring a return. In this situation, Merrymaker does not take title to the returned Ticket Products.
6.3. Problems with your returned Tickets Products: We reserve the right to refuse to issue a refund and to recover the cost of the delivery of your return from you in the event that the Ticket Products are found to have suffered damage after delivery to you; the Ticket Products have been misused or used other than in accordance with the instructions or for inspection purposes; or if the problem with the Ticket Products is due to normal wear and tear. This Clause 6.3 does not limit or affect your right to cancel your contract and return Ticket Products under Clause 6, or your rights where Ticket Products supplied to you are incorrect or faulty.
6.4. In the event of a cancellation of the order, refunds will be provided based on the terms which are outlined in the fine print of the Ticket Products.
6.5 Any refund on the order will be processed and completed approximately between 3 to 4 working weeks.
7. TICKET PRODUCTS INFORMATION
7.1. We are not the manufacturer: We are not the manufacturer of the Ticket Products sold on the website. While we work to ensure that the Ticket Products match the description on the website, are of satisfactory quality and are fit for use, the Ticket Products sold on the website may vary slightly from such product information. We encourage you to read all information presented on labels, warnings and directions which accompany the Ticket Products before use.
7.2. Accuracy of descriptions: We have taken reasonable steps to display as accurately as possible the colours and other detailing of the Ticket Products. However, the actual colours and detailing you see on the website will depend on the equipment you use to view the Ticket Products. We cannot guarantee that the display of any colours or other detailing on your television, mobile device, computer monitor or other device will exactly reflect the colour or detailing of the Ticket Products upon delivery.
8.1. The standards we operate under: Merrymaker always tries its best at what it does and promises that:
8.1.1. we will exercise reasonable care and skill in performing any obligation under these Terms of Sale;
8.1.2. we have the right to sell Ticket Products;
8.1.3. we only sell the Ticket Products for domestic and private use;
8.1.4. Ticket Products are of satisfactory quality and fit for their purpose, and
8.1.5. we will not contravene the requirements of professional diligence in what we do.
8.2. This Clause 8 takes precedence over all other Clauses (except for Clause 1.6) and sets forth our entire Liability.
8.3. What we are responsible for: Nothing in these Terms of Sale shall exclude or limit our Liability for any Liability for (i) fraud; (ii) serious misconduct by Merrymaker, excluding serious misconduct not
conducted by Merrymaker itself; or (iii) any Liability which cannot be excluded or limited by applicable law. You are obliged to take adequate measures to avert and reduce damages.
8.4. Categories of loss that we are not responsible for: Notwithstanding Clause 8.3, since we only sell Ticket Products for domestic and private use, we are in principle not liable for:
8.4.1. loss of revenue;
8.4.2. loss of actual or anticipated profits; 8.4.3. loss of business; and
8.4.4. indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).
8.5. “Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with these Terms of Sale (including liability expressly provided for under these Terms of Sale or arising by reason of the invalidity or unenforceability of any term of these Terms of Sale).
9.1. Interpretation: In these Terms of Sale:
9.1.1. words denoting persons include natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
9.1.2. Clause headings such as ("9. GENERAL" at the start of this Clause) and Clause titles (such as "Interpretation:" at the start of this Clause 9.1.2) are purely for ease of reference and do not form part of or affect the interpretation of these Terms of Sale; and
9.1.3. references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
9.2. No partnership/agency: Nothing in these Terms of Sale shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
9.3. Assignment: You may not assign or delegate or otherwise transfer all or any of your rights or obligations under these Terms of Sale without our prior written approval. We will not refuse this approval without good reason. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Sale to any person.
9.4. Events beyond our reasonable control: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control. Where there has been an event outside our reasonable control which has affected our ability to perform our obligations under these Terms of Sale, our obligations will be extended for the duration of the event and we will notify you of this as soon as reasonably possible. Once the event is completed we will arrange with you a new delivery date for your Ticket Products, if possible.
9.5. Our reliance: We intend to rely upon only the written terms set out in these Terms of Sale in respect of the sale of Ticket Products to you and not any representations made elsewhere.
9.6. No waiver: No waiver by us of any breach of yours under these Terms of Sale shall operate or be construed as a waiver by us of any future breaches, whether of a like or different character. No delay by us in taking action in the event of your breach shall in any way release, discharge or otherwise affect your liability under these Terms of Sale.
9.7. Notices: Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
9.8. No Third party rights: All provisions of these Terms of Sale apply equally to and are for the benefit of Merrymaker, its subsidiaries, any holding companies of Merrymaker, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms of Sale may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of these Terms of Sale is otherwise enforceable by any person who is not a party to it.
9.9. Survival: In any event, the provisions of Clauses 1, 2, 5, 0, 7, 7, 8, 9 and 10 of these Terms of Sale, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement.
9.10. Severability: If any provision of these Terms of Sale is held to be unlawful, invalid or unenforceable, that provision shall be removed from the Terms of Sale without affecting the rest of the Terms of Sale. Where capable, the validity and enforceability of the remaining provisions of these Terms of Sale shall not be affected.
9.11. Governing law and dispute resolution: We will do our best to resolve any disputes about these Terms of Sale. If you wish to bring a legal claim against us, these Terms of Sale (and all non- contractual relationships between you and us) shall be governed by and construed in accordance with Singapore law and both parties hereby submit to the exclusive jurisdiction of the competent courts of Singapore. The parties also agree that the United Nations Convention for the International Sale of Ticket Products does not apply to this transaction.
1. Seller Policy
Merrymaker is a marketplace where you can sell your products and services directly to buyers around the world. We want to make sure that you and your buyers have a positive experience on Merrymaker. Please read on to find out more about your rights, as well as what is expected of you, as a seller.
1.1 What Can be Sold on Merrymaker
1.2 What Cannot be Sold on Merrymaker
1.2 Representing Yourself and Your Listings Honestly
1.3 Communicating with Other Merrymaker Members
1.4 Building a Positive Reputation Through our Reviews System 1.5 Providing Great Customer Service
1.6 Sales & Cancellations
1.1 What Can be Sold on Merrymaker
Merrymaker is a unique marketplace. Buyers come to Merrymaker to purchase products and services that would make great gifts or help them plan their celebration.
1.2 What Cannot be Sold on Merrymaker
You are solely responsible for your conduct and activities on and regarding to Merrymaker and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Merrymaker.
Your Content and your use of Merrymaker shall not:
Be false, inaccurate or misleading;
Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or
intellectual property rights or rights of publicity or privacy;
Violate this Agreement, any site policy or community guidelines, or any applicable law, statute,
ordinance or regulation (including, but not limited to, those governing export control, consumer
protection, unfair competition, anti-discrimination or false advertising);
Contain items that have been identified by the Singapore Consumer Product Safety
Regulations and/or U.S. Consumer Products Safety Commission (CPSC) as hazardous to
consumers and therefore subject to a recall;
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or
intimidate any person (including Merrymaker staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
Be obscene or contain child pornography;
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or personal information;
Host images not part of a listing;
Take any actions that may undermine or discredit the Merrymaker feedback and ratings systems;
Attempt to decompile, reverse engineer, disassemble or hack the Services or Sites (or any
portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Merrymaker with respect to the Services and/or data transmitted, processed or stored by Merrymaker;
Harvest or collect any information about or regarding other Merrymaker account holders, whether through automated means, such as harvesting bots, spiders, robots or scrapers (“Automated Data Collection”), or otherwise, including, without limitation, any personal data or information;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
Modify, adapt or hack Merrymaker or modify another website so as to falsely imply that it is associated with Merrymaker;
Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
Appear to create liability for Merrymaker or cause Merrymaker to lose (in whole or in part) the services of Merrymaker's ISPs or other suppliers;
Use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
Use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Depatment of Treasury’s Office of Foreign Assets Control, the United National Security Countil, the European Union or Her Majesty’s Treasury;
Use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
Use the Services to collect or store personal data about other Users in connection with the
prohibited conduct and activities set forth above;
Link directly or indirectly, reference or contain descriptions of goods or services that are
Furthermore, you may not list any item on Merrymaker (or consummate any transaction that was
initiated using Merrymaker's service) that could cause Merrymaker to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Service.
1.2 Representing Yourself and Your Listings Honestly By selling on Merrymaker, you agree that you will:
Provide honest, accurate information on your products and services.
Honour your T&Cs, should you choose to publish them.
Accurately represent your products in listings and listing photos.
Respect the intellectual property of others. If you feel someone has violated your intellectual
property rights, you can report it to Merrymaker.
Not engage in fee avoidance.
Not create duplicate listings.
Listing Description: By listing a product or service on the Sites you warrant that you and all aspects of the product or service comply with Merrymaker’s published policies. You also warrant that you may legally sell the product or service. You must accurately describe your product or service and all terms of sale in your Merrymaker profile. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that product. All products and services must be listed in an appropriate category. Each listing must accurately and completely describe the product/products for sale in that listing. Each unique product and service must have its own listing.
Fee Avoidance: The price stated in each product listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the products. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the product's price after a sale, misrepresent the product's location and price or use another user's account without permission.
Content: By posting Content on Merrymaker, it is possible for an outside website or a third party to re-post that Content. You agree to hold Merrymaker harmless for any dispute concerning this use.
Merrymaker does not control the Content provided by users that is made available on Merrymaker and, as such, does not guarantee the accuracy, integrity or quality of such Content. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
You acknowledge that Merrymaker may or may not pre-screen Content, but that Merrymaker and its designess shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any Content that is available on the Sites. Without limiting the foregoing, Merrymaker and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions.
You acknowledge, and consent to and agree that Merrymaker may access, preserve and disclose your account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Merrymaker or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; © respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of Merrymaker, its users and/or the public.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Merrymaker, you agree to accept such risks and that to the maximum extent permitted by applicable law, Merrymaker (and Merrymaker's officers, directors, agents, subsidiaries, joint ventures, creators and employees), under no circumstances, will be liable in any way for any Content, 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, or reliance on, any Content posted, emailed transmitted or otherwise made available on the Sites, or any acts or omissions of users on Merrymaker. Please use caution, common sense, and practice safe buying and selling when using Merrymaker.
Other Resources: Merrymaker is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Merrymaker does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Merrymaker 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Idea Submissions: Merrymaker considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non- proprietary, and Merrymaker shall not be liable for the disclosure or use of such Material. If, at Merrymaker's request, any member sends Material to improve the site (for example to customer support), Merrymaker will also consider that Material to be non-confidential and non-proprietary and Merrymaker will not be liable for use or disclosure of the Material. Any communication by you to Merrymaker is subject to this Agreement. You hereby grant and agree to grant Merrymaker, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully- paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
1.3 Communicating with Other Merrymaker Members
1.4 Building a Positive Reputation Through our Reviews System
Reviews are a great way for you to build a reputation on Merrymaker. Buyers can leave a review, including a one to five star rating.
Extortion is not allowed on Merrymaker. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited on Merrymaker. Extortion includes when a seller offers a buyer additional goods, services, or compensation in exchange for a positive review. For more information, please see this Help article.
Shilling is strictly prohibited on Merrymaker. Shilling is the fraudulent inflation of a shop’s reputation by use of an alternate account. The intent of shilling is to make a seller look more desirable by increasing the shop’s number of sales and overall review score. Reviews must reflect the honest, unbiased opinions, findings, beliefs or experience of the buyer. For more information on shilling, including examples, please see this Help article.
1.5 Providing Great Customer Service
We expect our sellers to provide a high level of customer service. By selling on Merrymaker, you agree to:
Honour your shipping and processing times. Sellers are obligated to ship an product or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance.
Honour the commitments you make in your terms and conditions.
If you are unable to complete an order, you must notify the buyer and Merrymaker. 1.6 Sales & Cancellations
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for products purchased, unless there is an exceptional circumstance.
2 Payment Terms
Fees & Payments Policy
Sellers may be charged for using some of Merrymaker’s services. This Fees & Payments Policy explains your fees, bills and taxes and how to pay them.
2.1 Types of Fees
2.2 Fee Avoidance
2.3 Direct Payments 2.4 Payment Schedule 2.5 Taxes
2.1 Types of Fees
Sellers may be required to pay the following types of fees:
When you make a sale through Merrymaker, you will be charged a transaction fee of 15% of the product and delivery price. This percentage does not apply to the shipping cost or tax. Transaction fees will appear on your Merrymaker invoice.
If you purchase an ad (which we call a Promoted Listing) through Merrymaker, you will be charged separate advertising fees. Advertising fees vary by opportunity and will be clearly outlined before you commit to purchasing an ad. Advertising fees will appear on your Merrymaker invoice.
Merrymaker offers sellers based in Singapore the ability to purchase shipping labels to fulfill their orders through Merrymaker’s delivery partners. The cost of the shipping label will depend on the origin and destination and weight and size of the package.
2.2 Fee Avoidance
Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by Merrymaker. This includes, for example, encouraging buyers to purchase an product in your Merrymaker Shop through another venue. The price stated in each listing description must be an accurate representation of the sale. Sellers may not charge excessive shipping fees. Sellers may not alter the product's price after a sale for the purpose of avoiding Merrymaker transaction fees, misrepresent the product’s location, or use another user's account without permission. You can find other examples of fee avoidance in this Help article.
2.3 Direct Payments
Merrymaker’s Direct Payments service enables sellers to accept various forms of payment in their local currencies while using Merrymaker’s services. Sellers can accept payment by credit card and debit card.
2.4 Payment Schedule
Payment to Merchants for products or services completed for the month will be paid on the first week of the following month.
You are responsible for collecting and paying any taxes associated with using and making sales through Merrymaker’s services.
Without limiting any other remedies, Merrymaker may, without notice, delay or immediately remove Content, warn Merrymaker's community of a seller’s actions, issue a warning to a seller, temporarily suspend a seller, temporarily or indefinitely suspend a seller’s account privileges, terminate a seller’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
4. No Warranty
Merrymaker, Merrymaker'S SUBSIDIARIES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES, AND Merrymaker'S SUPPLIERS PROVIDE Merrymaker'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Merrymaker, Merrymaker'S SUBSIDIARIES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES AND Merrymaker'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Merrymaker SHALL CREATE ANY WARRANTY. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
5. Liability Limit
IN NO EVENT SHALL Merrymaker, AND (AS APPLICABLE) Merrymaker'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Merrymaker'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Merrymaker'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIHGT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, Merrymaker IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Merrymaker'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Merrymaker'S SUBSIDIARIES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IS LIMITED.
YOU AGREE TO INDEMNIFY AND HOLD Merrymaker AND (AS APPLICABLE) Merrymaker'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CREATORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE SOLICITORS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.