We have much to learn from our Pets - including the ability to do the right thing without any words exchanged !
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But till such time we humans must submit to the power of language and mark the written word to shake off all doubt!
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We strive to shake off all doubt by providing terms of use that are clear, fair, reasonable !
Our Terms of Use in Full
MOBIPETZ PTE LTD
TERMS OF USE FOR PET OWNERS
These Terms of Use of Service (“Terms”) govern your use of the MobiPetz mobile application, website, application programming interfaces, content, products and other services offered by MobiPetz (hereinafter called MobiPetz, the Company or us or platform), services or products offered through third parties integrating MobiPetz functionality (collectively, the “Services” or the “products”).
MobiPetz is a mobile first, integrated technology platform that enables pet owners (“Pet Owners”) and pet care service providers (“Pet Care Service Providers”) to connect with each other.MobiPetz has no control over the conduct of Pet Care Service Providers or any other users of the Services including but not limited to Pet Owners.
YOU ACKNOWLEDGE AND AGREE THAT MOBIPETZ IS A TECHNOLOGY SERVICES PROVIDER THAT DOES NOT PROVIDE PET CARE SERVICES.
1. Acceptance of These Terms of Use
1.1. By agreeing to these Terms, and/or by using or accessing the Services (including without an account), you expressly acknowledge that you understand and accept all of the terms (including but not limited to dispute resolution provisions).
1.2. By using the MobiPetz application you are agreeing to these terms. If you do not agree to these terms or be bound by the terms and conditions of these terms, you may not access the services provided through the MobiPetz platform.
2. Changes to these Terms
MobiPetz in sole discretion may, amend the Terms and modify or update the Services from time to time. For any changes to these existing Terms, we give you notice by posting the revised Terms of Use on the platform. Please review this page periodically to ensure you are up-to-date with any changes. Those changes will go into effect on the revision date shown in the revised Terms. Your continued use of the Services will constitute your acceptance of the amended Terms.
3. Any Additional Terms
Our Privacy Policy available on our website HERE , and other Policies applicable to your use of the Services are incorporated by reference into these Terms (the “Additional Terms”), as updated from time to time. BY ACCESSING OR USING THE SERVICES, YOU ACCEPT THESE ADDITIONAL TERMS. We will make Additional Terms available for you to read through the Services. If you do not agree to abide by the Additional Terms, you automatically opt out of and are prohibited from using the Services. If you violate the provisions of the Additional Terms, MobiPetz may, in its sole discretion, may suspend, discontinue, or change your account or any aspect of your access to or use of the Services in whole or in part. By continuing to use the Services, you agree to the Additional Terms and any future amendments and additions to the Additional Terms as published from time to time through the Services. Please review the Additional Terms periodically to ensure you are up-to-date with any changes.
4. MobiPetz as a mobile first, integrated technology Platform
4.1. MobiPetz Services include technology platform that connects Pet Care Service Providers with Pet Owners. We do not provide any pet care services or products and we make no representations or warranties about the quality of pet care services including pet marketplace, wellness, nutrition, grooming, boarding, walking, training, insurance or any other services provided by Pet Care Service Providers, or about your interactions and dealings with pet care service users’, other Pet Care Service Providers or other users.
4.2. MobiPetz does not employ, recommend, or endorse Pet Owners or Pet Care Service Providers, and is not responsible or liable for the performance or conduct of Pet Owners or Pet Care Service Providers, whether online or offline. MobiPetz does not provide or extend any insurance for Pet Care Service Providers, or pet care owners nor is responsible for the property of Pet Owners or Pet Care Service Providers. Any insurance offer on the MobiPetz platform availed of by a Pet Owner is provided by relevant insurance provider and shall be governed by relevant applicable regulations related to such insurance. The Pet Owner shall be governed by the terms of the applicable insurance policy or policies.
4.3. MobiPetz does not provide certifications and/or licenses, permits or permissions for pet care service providers and does not independently verify information on any background checks with respect to these certifications and/or licenses, permits or permissions. However MobiPetz requires each pet care service provider, upon account registration with MobiPetz, to provide relevant certifications, licenses and permits required to provide the services or products listed by the pet care service provider on the platform.. Pet Care owner holds harmless MobiPetz against any damages, claims or loss due to an incorrect or false submission.
5. Acceptable Use of the Services
You are responsible for any use of the Services made using your account. We prohibit certain kinds of conduct that may be harmful to other users, service providers, third parties, or to MobiPetz. As a service provider with MobiPetz you may not:
5.1. violate any law or regulation or use the Services for any unintended or illegal purposes;
5.2. provide any false information in your profile on, or registration for provision of the Services;
5.3. violate, infringe, or misappropriate any intellectual property, privacy, publicity, or other legal rights that may belong to others
5.4. post or share anything that is illegal, abusive, threatening, harassing, harmful to reputation, is inappropriate, hateful, indecent, profane, racist, or any form that may considered objectionable; demonstrate nudity or graphic violence, incite violence, violate, nudity or
5.5. send unsolicited or unauthorized advertising or commercial communications, including but not limited to spam;
5.6. engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
5.7. transmit any viruses, malicious codes, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
5.8. stalk, harass, or harm another service provider, user or individual that is associated with MobiPetz services;
5.9. Maintain more than one account (or, with MobiPetz), or perform any other fraudulent activity, such as phishing, marketplace collusion, promotional abuse, and payment fraud;
5.10. use any means to scrape or crawl any Web pages contained in the Services;
5.11. use the Services to identify pet care users to complete any off-line transactions that circumvent your payment obligations for the services;
5.12. use the services for purposes of competing with MobiPetz
5.13. authorize other users to use your user status or transfer your account to any other person or entity;
5.14. attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect the Services;
5.15. interfere with MobiPetz provision of, or any other user’s use of, the Services;
5.16. attempt to disassemble, or reverse engineer any of the software or other underlying code used to provide the services via MobiPetz;
5.17. solicit another user’s username, password or any other sensitive personal information including bank details;
5.18. post reviews about Pet Care Service Providers that are not based on your personal experience, that are intentionally inaccurate, or that violate these terms or any additional terms;
5.19. use the Services to arrange for the care of exotic, non-domesticated, or inherently dangerous pets, pets with a history of attacks on animals or people, or any other pets not specifically contemplated by the Services; or
5.20. advocate, encourage, or assist any third party in doing any of the foregoing.
5.21. Transfer or authorize the use of your account of MobiPetz to any other person, or to engage in fraudulent transactions.
5.22. Provide any false or misleading information in your profile on, or registration for, the MobiPetz Service, or to create multiple or duplicate accounts.
5.23. Interfere with our provision of, or any other user’s use of, MobiPetz application.
6. If you are purchasing Products on Mobipetz, the reference to the Terms & Conditions of Sale ( section____)shall apply
7. MobiPetz Service.
MobiPetz Services: MobiPetz does not provide Pet Care Services. MobiPetz is a neutral venue for Service Providers and Pet Owners. MobiPetz is not a Service Provider and, except for emergency phone support and other resources and support specifically described in the Rover Service, does not provide pet care services. We make no representations or warranties about the quality of boarding, pet sitting, dog walking, house sitting, or other services provided by Service Providers (“Pet Care Services”), or about your interactions and dealings with users. Service Providers listed on MobiPetz are not under the direction or control of MobiPetz, and Service Providers determine in their own discretion how to provide Pet Care Services.
MobiPetz an initial review of Service Provider profiles and we facilitate review of the licensing information provided by Service Providers. MobiPetz does not otherwise screen Service Providers or Pet Owners. Pet Owners need to exercise caution and use independent judgment before engaging a Service Provider, providing Pet Care Services, or otherwise interacting with users via MobiPetz platform. Pet Owners and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their pets. All Pet Owners are responsible for ensuring timely vaccination for their pets and MobiPetz is not responsible for failure of Pet Owners to get their pets vaccinated.
8. Transactions on MobiPetz. The MobiPetz Service may be used to find and offer Pet Care Services and to facilitate payment, but all transactions conducted via the MobiPetz platform are between Pet Owners and Service Providers. Except for the limited refunds as defined in MobiPetz Refund & Cancellations Policy, Pet Owners agree that MobiPetz has no liability for damages associated with Pet Care Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the MobiPetz platform.
9. Bookings on MobiPetz. Pet Owners and Service Providers transact with each other on the MobiPetz platform when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Pet Care Services via the booking mechanism provided on the MobiPetz application. If you are a Pet Owner and you initiate a Booking, Pet Owner agrees to pay for the Pet Care Services described in the Booking when Pet Owner clicks “Proceed to Pay”. The receiving party is not obligated to accept a Pet Owner’s (or any) request and may, at their discretion, decline for any reason. Pet Owner acknowledges that, once a booking is completed, Pet Owner shall honour the price and other terms of that Booking, as acknowledged in the Booking confirmation.
10. Evaluating Service Providers. Pet Owners are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide. Though MobiPetz performs a limited review of Service Provider certifications & licenses, profiles and facilitates Service Providers, MobiPetz does not guarantee that any such screen is accurate, complete, conclusive or up-to-date. Similarly, MobiPetz does not endorse reviews of Service Providers by other Pet Owners that may be available via the MobiPetz platform, and makes no commitments that such reviews are accurate or legitimate.
11. Caring for Abandoned Pets; Pet Owners who arrange for Pet Care Services and fail to retrieve their pet after, even after reasonable efforts by MobiPetz, the service period identified in a Booking agree that MobiPetz or the Service Provider may, in its (or his or her) sole discretion, place the pet in foster care, transfer care to animal control or other law enforcement authorities, or find other alternate care. Pet Owner agrees to reimburse MobiPetz and/or the Service Provider for all costs and expenses associated with such actions. Further, MobiPetz expressly reserves the right, in its sole discretion, to remove a Pet Owner’s pet from a Service Provider’s care should MobiPetz deem it necessary for the safety of a pet, the Service Provider, or any persons living with the Service Provider. Prior to removing a pet from the care of a Service Provider, MobiPetz will use reasonable efforts during its normal business hours to contact the Pet Owner and/or the Pet Owner’s emergency contact (if provided) to arrange alternative care. Should MobiPetz not be able to contact the Pet Owner or the emergency contact, MobiPetz will use its best judgment to find alternative care for the pet until the Pet Owner is able to retrieve his/her pet. If you are a Pet Owner, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to MobiPetz in connection with any such relocation, boarding or re-homing of your pet. In addition, you are responsible for and agree to pay all costs and expenses incurred by MobiPetz in connection with such transfer.
12. Emergencies: We recommend that Pet Owners give their Service Providers contact information where they can be reached in the event medical care for a pet becomes necessary. Service Providers agree to immediately contact Pet Owners in the event such care becomes necessary or, if the Pet Owner is not available, to contact MobiPetz at the applicable telephone number or email address listed in the table at the end of these Terms. If you are a Pet Owner, you hereby authorize your Service Provider and MobiPetz to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. In such a case, you also authorize your pet’s veterinarian(s) to release your pet’s veterinary records to MobiPetz. If your Service Provider reaches you with a request to authorize medical care for your pet and you refuse, you release the Service Provider and MobiPetz for any injury, damage or liability arising from failure to seek such care. MobiPetz recommends that all users have adequate pet insurance to cover the costs of veterinary care.
13. Consultation Services. MobiPetz may offer Pet Owners and Service Providers phone, chat, services from a third party to provide an educational resource for decisions you make about your own pets or pets in your care. These consultation services are provided by a third party, and are not a part of the MobiPetz Service. If you use these third-party consultation services, you should use them only in conjunction with, and not as a substitute for, professional veterinary care. You agree to resort solely to the applicable third-party consultation service in the event of any claims arising from their services.
14. Terms of Release. Pet Owners release MobiPetz from any liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Service Providers and Pet Owners, whether online or offline. Pet Owners USE AND/OR PROVISION OF PET CARE SERVICES IS AT PET OWNERS’ OR PET SERVICE PROVIDER’S OWN SOLE AND EXCLUSIVE RISK.
15. Google Maps
Use of MobiPetz Service requires use of Google Maps features including its content. These are subject to (1) the current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html (including the Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/); and (2) Google Privacy Policy at https://www.google.com/policies/privacy/ (collectively, the "Google Terms"). By using MobiPetz Service, you acknowledge and agree to the Google Terms as they apply to you (e.g., as an "End User"). Any unauthorized use of the Google Maps features and content may result in your suspension or termination from MobiPetz Service.
16. Compliance with Applicable Laws and Certifications
16.1. By accessing and using MobiPetz Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, MobiPetz application.
16.2. MobiPetz requests all Pet Care Service Providers to provide certification relevant for the services provided by the Pet Care Service Providers. MobiPetz conducts an initial review of these documentation. MobiPetz is entitled to rely on certifications from Pet Care Service Providers and , is not responsible to ensure that all Pet Care Service Providers have provided genuine certifications to MobiPetz, and complied with all applicable laws and regulations, and MobiPetz will not be liable for a Pet Care Service Provider’s failure to do so.
17. Suspension and Termination.
Pet Owners understand and agree that MobiPetz has no obligation to provide MobiPetz services in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the MobiPetz app: (1) if in our discretion your conduct on the Site or MobiPetz app is inappropriate, unsafe, dishonest, or in breach of these terms; or (2) if necessary, in our discretion to protect MobiPetz, its users, pets, or the public. You may suspend or terminate your use of the MobiPetz application at any time and for any reason. If you wish to deactivate your account, please contact support@mobipetz.com. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.
18. Registration; Account Security
18.1. In order to use some aspects of MobiPetz application, you may be required to create a username, password, and a user profile. If you elect to use MobiPetz, you agree to provide accurate information about yourself and your pets and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if MobiPetz suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and/or password for MobiPetz and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
18.2. A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.
18.3. if you are below 18 years old: You must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use
19. Privacy
Our collection and use of your personal information on MobiPetz application/platform is described in our Privacy policy. By accessing or using the MobiPetz application, you acknowledge that you have read and understand the Privacy policy.
20. Your Content.
20.1. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the MobiPetz application or otherwise in connection with using MobiPetz and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”). For example, Pet Owners are invited to create a profile page with a photograph and other information and to transmit photos of the pets under their care to Pet Owners.
Note To Comment: Need to check what we require Pet Owners to do on the platform.
20.2. Licenses: Except for the limitations on our use and disclosure of personal information described in our Privacy Statement, to the maximum extent and duration permitted under any applicable law, you grant MobiPetz an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting MobiPetz and to sublicense these rights to third parties.
20.3. Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release MobiPetz and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license terms and other provisions of these Terms.
20.4. Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license and make the release with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.
20.5. Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on MobiPetz application. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
20.6. Reviews. The MobiPetz Service may provide the ability to leave public and/or private reviews of users or their pets.. If you are a Service Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the MobiPetz Service, whether before or after termination of your account with MobiPetz. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from MobiPetz at any time.
21. Currency of Payment. All fees, deductible amounts and other payments referenced on, or charged through, the MobiPetz application are listed and payable in local currency.
22. Cancellations & Refunds
22.1. Refunds for Failure to Perform. If we determine in our reasonable discretion that a Service Provider has failed to provide Pet Care Services as agreed with the Pet Owner or is otherwise in breach of these Terms, then we may, in our reasonable discretion, cancel a Booking and/or issue a full or partial refund to a Pet Owner.If Service provider repeatedly cancels accepted Bookings without justification, MobiPetz may terminate Service Provider’s account.
22.2. General Terms for Cancellations. If you wish to cancel a Booking, you will need to do so as per the specific product category cancelation policy. You should use the mechanisms available through the MobiPetz application to do so. The date of cancellation is the date that a user or Service Provider cancels through MobiPetz, regardless of any separate communications between users outside of the MobiPetz.
22.3. Cancellation by Product Category –
22.3.1. General Goods, Dry Food Items – Orders for such products may be cancelled by 11.59PM of the day prior to scheduled delivery.
22.3.2. Frozen Food Items - Orders for such products may be cancelled by 11.59PM of the day prior to scheduled delivery.
22.3.3. Cakes, Pastries and Customizable Products – Any cancellation must be made within 24 hours of order being placed provided the order is made at least 72 hours prior to the delivery date. For orders placed within 72 hours of delivery date, no cancelation is allowed.
22.3.4. Pet Care Services – Any pet care service booked through the MobiPetz platform must be cancelled either as per the individual service provider cancelation policy stated or if no such policy is stated any cancelation must be done 8PM of the day prior to the service date. No cancelation is allowable for bookings made outside the cancelation window,
22.4. Payment Disputes; Payment Outside of the MobiPetz Service. MobiPetz handles payments through and as per the terms of our third-party payment provider service
22.5. Further, MobiPetz has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the MobiPetz Service.
23. Payment Processing
23.1. By using MobiPetz to make payment, you will be asked to set up a third party payment processing account and accept the Terms.
23.2. You further agree to provide accurate and complete information about you and your payment methods and authorize MobiPetz to share it and transaction information with third party payment processing provider for the purposes of facilitating the payment processing services provided by them.
23.3. MobiPetz reserves the right to switch payment processing vendors or use alternate or backup vendors at its sole discretion.
24. Phone, Text and Mobile Communications
24.1. Consent to AutoDialed Text Messages You consent to MobiPetz communicating with you about the MobiPetz Service by SMS, text message, email and other electronic means, including autodialled text messages containing service information and/or marketing messages, even if your phone number is on the do-not-call list. Your carrier's normal messaging, data and other rates and fees will apply to these communications. You are not required to provide this consent to receive marketing messages as a condition of using the MobiPetz Service, and you may opt-out of receiving these messages at any time as described in our Privacy policy (though you may continue to receive messages while MobiPetz processes your request).
24.2. Phone Number Changes. In the event you deactivate a mobile phone number provided to us, you agree to update your MobiPetz account information promptly to ensure that messages are not sent to the person who acquires your old number.
25. Intellectual property
25.1. Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors, or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
25.2. Restricted Use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Permissions will only be granted to you to download, print, or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
25.3. Trademarks: The Trademarks are registered and unregistered trademarks of MobiPetz or third parties on the platforms. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission of any other applicable trademark owner or owners.
26. Termination
26.1. Termination by us: We may with immediate effect upon giving you notice, in our sole discretion, terminate your use of the Platform and/or Services and/or disable your Username, Password and other means of access. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.
26.2. Termination by you: You may also terminate these Terms of Use by giving thirty days’ written notice to MobiPetz to our registered office address or to help@mobipetz.com
27. General
27.1. Cumulative Rights and Remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
27.2. No Waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
27.3. Severability: If at any time any provision of these Terms of Use shall be or shall become illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these Terms of Use.
27.4. Rights of Third Parties: A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.
28. Governing law
Use of the MobiPetz platform and/or the Services and these Terms of Use shall be governed by Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.
29. Dispute Resolution
29.1. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Singapore International Arbitration Centre (SIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties.
29.2. Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
30. Amendments
30.1. We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.
30.2. Correction of Errors: Any typographical, clerical, or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
30.3. Language: In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.
30.4. Entire Agreement: These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
30.5. Binding and Conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
30.6. Sub-contracting and Delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
31. Assignment
You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.
32. Force Majeure
The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Service Providers and/or Pet Owners that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from earthquake, hurricane, wildfire, flood, war, riots or other similar disaster. In such cases MobiPetz may, in its reasonable discretion, issue refunds under terms that vary from a Service Provider’s cancellation policy.
33. Interpretation
Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of MobiPetz and the provision which is more favourable to MobiPetz shall prevail.
Schedule 1 - Definitions
1. “Pet Owner”or “Customer” or “User” means an authorised user of the Platform and/or the Services.
2. “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
3. “MobiPetz Indemnitees” means MobiPetz all of its respective officers, employees, directors, agents, contractors and assigns.
4. “MobiPetz”, “we”, “our” and “us” refer to MobiPetz Pte. Ltd., a company incorporated pursuant to the laws of Singapore under registration number 202301795G and having its registered address at 105 CECIL STREET, #06-02H, THE OCTAGON, SINGAPORE 069534
5. “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.
6. “Loss” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.
7. “Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.
8. “Booking” or “Order” means an order for Products or Services sent through the Platform in accordance with the relevant Terms & Conditions of Sale.
9. “Password” refers to the valid password that a user who has an account with MobiPetz may use in conjunction with the Username to access the relevant Platform and/or Services.
10. “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.
11. “Platform” means (a) both the web and mobile versions of the website operated and/or owned by MobiPetz which is presently located at the following URL: www.MobiPetz.com; and (b) the mobile applications made available from time to time by MobiPetz, including the iOS and Android versions.
12. Privacy Policy” means the privacy policy set out on website at www.mobipetz.com/privacypolicy
13. “Product” means a product (including any installation of the product or any parts thereof) available for sale to Customers / Pet Owners on the Platform.
14. “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
a. contains any computer virus or other invasive or damaging code, program or macro;
b. infringes any third-party Intellectual Property or any other proprietary rights;
c. is defamatory, libellous, or threatening;
d. is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996); and/or
e. is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
15. “Services” means services, information and functions made available for booking / ordering by a service provider on the Platform.
16. “Terms & Conditions of Sale for MobiPetz” means the terms and conditions governing a customer’s purchase of the Products / Services and are set out at https://www.MobiPetz.com/terms-of-use
17. Terms of Use” means the recitals, Clauses 1 to 33 and any Schedules to these terms and conditions governing the Customer’s use of the Platform and/or Services and are set out at https://www.MobiPetz.com/terms-of-use
18. “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
19. “Username” refers to the unique login identification name or code which identifies a user who has an account with MobiPetz.
20. “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
21. “Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Singapore.
22. “Product Warranty” means a product (including any instalment of the product or any parts thereof) available for sale to Customers on the Platform.
23. “Return Policy” means the return policy set out at MobiPetz Returns Policy
24. “Service Provider” means a seller which, with MobiPetz’ s permission, uses the Platform and/or Services to sell Products or Services to Customers, and excludes MobiPetz.
Schedule 2 - Terms and Conditions of Sale
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in this agreement will apply to these Terms & Conditions of Sale.
2. Purchase of Products
2.1. Compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the MobiPetz Platform, as well as any amendments that may be made effective from time to time (whether as part of use of the MobiPetz platform or in relation to the purchase of Products, on behalf of Seller), from time to time.
2.2. Right to Amend: MobiPetz reserves the right to amend or revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the MobiPetz platform.
2.3. Product Description: While seller endeavours to provide an accurate description of the products listed on the MobiPetz platform, neither MobiPetz nor seller warrants that such description is accurate, current or free from error. In the event that the product you receive is of a fundamentally different nature from the Product as described on the platform and which you have ordered, Clause 7 of these Terms & Conditions of Sale for MobiPetz shall apply.
2.4. Sellers: Products are sold by “Sellers”. “Products sold to you by Sellers may be governed by individual customer contracts (which may become applicable)
2.5. Placing your Order: You may place an Order by completing the Order form on the MobiPetz platform and clicking on the “Procced to Pay” button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
2.6. Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 7, you may request to cancel or amend the Order which Seller will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order.
2.7. Seller’s reservation of rights in respect of Orders: All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Seller accepting your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.
2.8. Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Seller via the Platform, for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.
2.9. Customer’s Acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either MobiPetz or Seller. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale for MobiPetz and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.
2.10. No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9:
2.10.1. no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to seller;
2.10.2. Neither MobiPetz nor Seller gives any warranty as to the quality, state, condition or fitness of the Products;
2.10.3. MobiPetz shall be under no liability for any measures and actions taken by the Pet Owner or third parties and the consequences thereof: improper remedy of defects, alteration of the products without the prior agreement of MobiPetz.
3. Intellectual Property:
3.1. Unless the prior written consent of MobiPetz has been obtained, the Pet Owner shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any products.
3.2. The Pet Owner agrees and acknowledges that the products sold via MobiPetz platform shall remain the property of seller or its licensors. The Pet Owner further agrees that any and all Intellectual Property embodied in or relating to product shall remain the sole and exclusive property of seller or its licensors.
4. Delivery of Products via MobiPetz Platform
4.1. Address: Delivery of the products shall be made to the address you specify in your user profile on the MobiPetz application.
4.2. Delivery charges: Delivery charges shall be as set out on the booking screen on the MobiPetz platform.
4.3. Tracking: You may track the status of the delivery at the “Order Tracking” page of the MobiPetz platform
4.4. Delivery Timelines: Delivery is through our third party delivery partner Lalamove. By choosing delivery you accept the terms of delivery of Lalamove in addition to our terms of use. These can be found at https://www.lalamove.com/en-sg/terms-and-conditions
4.5. Standard Delivery timing is between 4PM to 8PM. Kindly ensure you have someone available at your address at that time to receive the Delivery on your scheduled delivery date. You may track the delivery status in the Orders Tab. By choosing delivery you accept the terms of delivery of Lalamove in addition to our terms of use. These can be found at https://www.lalamove.com/en-sg/terms-and-conditions
4.6. Delivery is per order from one single merchant listed on our platform. Delivery charges as indicated on the order booking page are payable extra and are included in total charged
4.7. Delivery Timing By Product Category
4.7.1. Test Kits , Supplements, Probiotics and Dry Gourmet Food – Delivery next day between 4PM to 8Pm when you order before 4PM. Orders after 4PM will be delivered day after between 4PM to 8PM.
4.7.2. Frozen Items and Cakes – Kindly refer to the specific product description for the delivery lead time.
4.8. You acknowledge that delivery of the products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail or other means of communication available and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery howsoever caused.
4.9. Deemed receipt: In the event you do not receive the products ordered on the delivery date and provided you inform MobiPetz within 3 days MobiPetz will work with supplier to ensure product is delivered to you within a reasonable timeframe. If MobiPetz does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the product ordered via the MobiPetz platform. You may contact MobiPetz on help@mobipetz.com or via the ContactUs page on our website.
4.10. Voucher from MobiPetz: If there is a delay in delivery of the Products, MobiPetz may in its sole discretion offer a Voucher or similar to the Customer. Upon the acceptance of a Voucher or similar by the Customer, the Customer shall have no further claim against Seller.
4.11. Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Seller’s or delivery company fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.
4.12. Unattended Delivery: Please note that some orders like frozen goods, cakes will not be eligible for Unattended Delivery. While MobiPetz’s goal is to honour the Customer’s preferences whenever possible, MobiPetz is unable to guarantee that MobiPetz (or our agents) will be able to meet these instructions under all circumstances. If no one is available to accept the delivery of the Products, MobiPetz (or our agents) will leave the Customer’s Products unattended on or in front of the Customer’s premises, or as instructed. Where the Customer specifically instructs MobiPetz (or our agents) to leave the Customer’s Products outside the door, or as instructed by the Customer, of the specified delivery address, such delivery (including frozen items / cakes / baked items) shall be at the Customer’s sole risk and the Customer accepts all liability and risk of spillage, spoilage, loss, theft, and damage.
5. Prices of Products
5.1. Listing Price: The price of the products payable by a Pet Owner shall be as per the price listed on the MobiPetz platform at the time at which the order placed by the Pet Owner is transmitted to Seller (through the Platform).
5.2. Taxes: All product prices listed on the MobiPetz platform are subject to taxes, unless otherwise stated. MobiPetz reservers the right to amend the prices based on advice from the seller. MobiPetz is not responsible for any pricing decision made by the seller.
6. Payment
6.1. General: You may pay for the Product using any of the payment methods prescribed by MobiPetz from time to time. All payments shall be made to MobiPetz, either accepting payment in its own right or as Seller’s agent (where Seller is a Third-Party Vendor). You acknowledge that MobiPetz is entitled to collect payments from you on behalf of Third-Party Vendors.
6.2. Additional Terms: The payment methods may be subject to additional terms as prescribed by MobiPetz from time to time.
6.3. Payment Methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include MobiPetz), for any failure, disruption or error in connection with your chosen payment method. MobiPetz reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
6.4. Payment by Voucher: If you use a Voucher, the Voucher Terms & Conditions as set out at https://www.MobiPetz.sg/terms-of-use/ would apply.
6.5. Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract.
6.6. Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.
6.7. Refund of Payment:
6.7.1. All refunds shall be made via the original payment mechanism and to the person who made the original payment, provided that such refund is processed within 60 days from the time payment was successfully completed,
6.7.2. We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
6.7.3. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
6.7.4. All refunds are conditional upon our investigation into the individual refund request.
6.7.5. We reserve the right to modify the mechanism of processing refunds at any time without notice.
7. Refunds/Returns/Repairs/Replacements
7.1. Return Policy: Since MobiPetz Platform products are all bio-sensitive or food products, we are unable to accept any returns. Customer agrees and acknowledges that this is applicable even if you receive a product that is fundamentally different in nature from the Product specified in the Customer Contract; or receive a faulty or damaged Product.
7.2. Refund, repair, replacement or price reduction: For Products that qualify Seller or MobiPetz may offer the following remedies at its sole discretion:
7.3. Refunds: Seller or MobiPetz may offer Customer a partial or full refund of the price paid for the non-conforming Product.
7.4. Replacements: Seller or MobiPetz may offer the Customer a replacement Product in place of the non-conforming Product.
7.5. In the event that Customer elects to accept a replacement and the Seller fails to do so within a reasonable time, MobiPetz may grant to the Customer a reduction of the price in proportion to the reduced value of the Products, the quantum of which shall be determined at its sole discretion. Upon Customer accepting a remedy from the Seller or MobiPetz as set out above, the Customer shall have no further claim against the Seller as regard to the non-conforming Product.
7.6. Return of Non-conforming Products: When Seller or MobiPetz has provided replacement Products or given the Customer a full refund, the non-conforming Products or parts thereof shall become Seller’s property. Seller or MobiPetz may, at its sole discretion, request such non-conforming Products to be shipped back to Seller or MobiPetz at Customer’s cost.
8. Queries or Concerns
8.1. If you have any queries or concerns, you may send us an email at help@mobipetz.com
8.2. MobiPetz will endeavour to share the concern with the seller or supplier.
9. Termination
9.1. Cancellation by you: You may cancel the order as per the product applicable cancellation policy. If the Products have already been dispatched, you may not cancel the Customer Contract but may only refund or replace the Products in accordance with Clause 7
9.2. Cancellation by Seller: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale for MobiPetz, Seller, or MobiPetz acting on Seller’s behalf, may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:
9.3. the Products under the Customer Contract being unavailable for any reason;
9.4. the Customer being in breach of an obligation under the Customer Contract;
9.5. the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;
9.6. the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or
9.7. the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
9.8. Termination by Seller in the event of Pricing Error: Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event MobiPetz shall, on behalf of Seller, notify you of such cancellation in writing. Seller shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you.
10. Risk and Property of the Goods
10.1. Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when MobiPetz and/or its third party delivery company has tendered delivery of the Goods.
10.2. Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until MobiPetz has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by MobiPetz to the Buyer for which payment is then due.
10.3. Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as MobiPetz’ s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
10.4. The Buyer agrees with MobiPetz that the Buyer shall immediately notify MobiPetz of any matter from time-to-time affecting MobiPetz’ s title to the Goods and the Buyer shall provide MobiPetz with any information relating to the Goods as MobiPetz may require from time to time.
10.5. Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) MobiPetz shall be entitled at any time to demand the Buyer to deliver up the Goods to MobiPetz and in the event of non-compliance MobiPetz reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
10.6. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of MobiPetz but if the Buyer does so all moneys owing by the Buyer to MobiPetz shall (without prejudice to any other right or remedy of MobiPetz) forthwith become due and payable.
10.7. If the provisions in this Condition 9 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
10.8. The Buyer shall indemnify MobiPetz against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of MobiPetz's rights under this condition.
11. LIMITATION OF LIABILITY
11.1. Sole remedies of customer: the remedies set out in clause 7 are the customer’s sole and exclusive remedies for non-conformity of or defects in the products.
11.2. Maximum liability: notwithstanding any other provision of these terms & conditions of sale for MobiPetz, seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each customer contract, will not exceed the sums that you have paid to seller under such customer contract.
11.3. Exclusion of liability: MobiPetz indemnitees shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
11.3.1. amounts due from other users of the platform in connection with the purchase of any product;
11.3.2. the sale of the products to you, or its use or resale by you; and
11.3.3. any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with seller’s instructions on the use of the products (whether oral or written)
12. General
12.1. References to “MobiPetz”: References to “MobiPetz” in these Terms and Conditions of Sale for MobiPetz apply both to MobiPetz’ s actions on its own behalf as Seller and/or as the operator of the Platform or as the agent of Third-Party Vendors as Sellers in respect of each and every Customer Contract.
12.2. The rights and protections conferred on MobiPetz under these Terms and Conditions of Sale for MobiPetz shall be additional to the rights and protections conferred on MobiPetz under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by the Customer.
12.3. Any clause in the Terms and Conditions of Sale for MobiPetz, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by the Customer that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.
12.4. MobiPetz reserves the right to alter, modify, add to or otherwise vary these Terms and Conditions of Sale for MobiPetz from time to time, and in such manner as MobiPetz deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Services provided by MobiPetz after such amendment, the Customer shall be deemed to have accepted the amendments.
12.5. Cumulative Rights and Remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale for MobiPetz and Seller’s rights and remedies under these Terms & Conditions of Sale for MobiPetz are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale for MobiPetz, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale for MobiPetz or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.
12.6. Correction of Errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.
12.7. The following terms and conditions apply to the use and redemption of promotional vouchers and voucher codes distributed by MobiPetz and/or issued on the MobiPetz platform ("Vouchers"). By collecting, using or redeeming a Voucher, you agree to be bound by these Vouchers Terms & Conditions. If you do not agree to these Vouchers Terms & Conditions, do not collect, use or redeem any Voucher.
12.8. You acknowledge that collection, use and/or redemption of Voucher(s) are subject to resource availability, including, without limitation, availability of the Platform.
12.9. MobiPetz does not make any representation, warranty or guarantee:
12.9.1. on the performance and capability of the Platform;
12.9.2. that the Vouchers are available for collection, use and/or redemption at any time;
12.9.3. about the accuracy, reliability, suitability, availability or timeliness of the Vouchers;
12.9.4. or on the success of any collection, use or redemption of the Voucher(s).
12.10. You acknowledge and accept that MobiPetz may suspend, terminate and/or discontinue the issuance or redemption of the Voucher(s) at its sole and absolute discretion without prior notice and without any liability whatsoever to you.
12.11. Vouchers can only be claimed or collected upon log-in to your MobiPetz account. Vouchers are only valid for use or redemption on the MobiPetz website or mobile applications.
12.12. To use the Vouchers, they must be applied at the checkout page. Certain Vouchers may be automatically applied at the “Cart” page and/or at checkout page. You may choose to remove the applied Voucher at the checkout page, or change to a different Voucher at the checkout page, where applicable. For bank vouchers / payment vouchers, the Voucher collected will be automatically applied at the checkout page when the eligible mode of payment is selected. Please check to ensure the Vouchers are applied and review your order carefully on the checkout page before placing the order.
12.13. Vouchers are limited in quantity and subject to availability.
12.14. Vouchers are limited to one (1) redemption per customer and applicable for single use only, unless otherwise stated.
12.15. Voucher validity is limited in time and such validity period shall be as stated on the voucher. You will be able to see the validity and terms of each Voucher at My Account > Vouchers. The validity period of Vouchers is final and Vouchers will not be re-issued or re-instated upon expiry of the validity period.
12.16. MobiPetz reserves the right to cancel or modify any order, or restrict or revoke the use of Vouchers for any reason, including under the following circumstances
12.16.1. Suspicious or fraudulent purchasing activity or Voucher use;
12.16.2. Voucher abuse or use of Voucher in breach of these terms and conditions, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers;
12.16.3. Use of Voucher in bad faith or to facilitate any business or commercial purposes (including resold Vouchers or use of Vouchers for purchasing products for resale or export purposes); or
12.16.4. Use of Voucher in a manner that is detrimental to MobiPetz’s customers, reputation, goodwill, business or operations.
12.17. Unless otherwise stated, Vouchers are not valid in conjunction with other promotions, discounts or offers.
12.18. Certain Vouchers may be subject to additional terms and conditions as determined by MobiPetz, (for example, duration, eligibility, criteria for use, discount amount and products covered). Such additional terms and conditions may be specified upon collection and/or issuance of the Voucher, or by such other means as may be determined by MobiPetz. Such additional terms and conditions will govern the collection, use and/or redemption of those Vouchers in addition to these terms.
12.19. Certain Vouchers are applicable only with a minimum purchase amount. Please check that your order value meets the minimum spending requirement, where applicable.
12.20. Certain Vouchers are applicable to only certain categories of products, certain stores, or specific items or SKUs. Please check that the items in your Cart are eligible items for use of the Voucher.
12.21. Certain Vouchers may be collected only upon specific conditions or eligibility criteria being met. Please check that you meet the relevant conditions or eligibility criteria in order to claim or collect the Voucher.
12.22. For partial cancellation or item refunds, Vouchers will not be refunded. Vouchers will be returned to the customer’s account only when the entire order the Voucher was used on, has been cancelled, and provided that the validity period of the Voucher has not expired.
12.23. Vouchers are not exchangeable for cash, kind or other goods and services.
12.24. MobiPetz will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate customers for
12.24.1. any unused or expired Vouchers;
12.24.2. discontinued or cancelled Vouchers.
12.24.3. improper use of, or inability to redeem, a Voucher; or
12.24.4. the inability to redeem a Voucher due to technical issues
13. MobiPetz reserves the right at its absolute discretion to change these terms & conditions at any time and without notice.