Terms of use

These Terms of Use govern you, the user, in your use of Sprooki Pte. Ltd.’s (“we”, “us” or “Sprooki”) smart phone application (the “Application”) and our website located at www.sprooki.com (the “site”) (together, the “Service”).  These Terms of Use form an agreement between you and Sprooki, and you acknowledge that Apple Inc. (“Apple”) is not a party to these Terms of Use.   If you do not agree to these Terms of Use or our Privacy Policy, please do not use the Service.  If you have any questions about these Terms of Use, please contact us at info@sprooki.com.

We reserve the right to terminate the Service and this Agreement at any time, and to disable or cancel your user account, at any time and without notice, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

About the Application

The Application enables users to receive and accept offers of products and services and other promotions via Featured Alerts which appear on the user’s location-enabled mobile device.

When one of Sprooki’s merchants issues a Featured Alert offering a discount, promotion or other deal on its products or services, the Application will allow you to “View” the Featured Alert on your location-enabled mobile device if you are in the vicinity, to “Share” (e.g. via Facebook, SMS or similar) the Featured Alert with your friends, to allow you to “Follow” a merchant’s brand or outlet and receive promotional alerts on a non-location specific basis, and to buy coupons which may be redeemed for that merchant’s products or services described in the Featured Alert (each, a “Coupon”).

The provision of a merchants’ products or services are governed by the merchant’s own terms and conditions communicated to you when you buy the Coupon.  The merchant has sole responsibility for providing the products and services described on the Coupon to you.   Your correspondence, interactions or dealings with, or purchase and redemption of Coupons on or through the Service, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the merchant.  To the maximum extent permitted by applicable law, Sprooki excludes all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the use or inability to use any Coupon, or the use, inability to use or unsatisfactory condition of any products or services described on a Coupon.

Unless otherwise indicated at the time of purchase, the following General Terms apply to all Coupons purchased through the Service, in addition to any other terms of sale referred to in a merchant’s Featured Alert:

  1. The original Coupon must be presented on your mobile device at the Merchant’s outlet in order to be redeemed.
  2. The Merchant is required to enter a code on your mobile device prior to redemption.
  3. Each Coupon must be redeemed in a single visit, unless otherwise specified in the merchant coupon’s terms of sale.
  4. Coupons are not exchangeable for cash or products/services other than those described on the Coupon.
  5. Coupons are not valid together with any other offers, promotions, coupons, discounts, or privilege cards except where specified.
  6. No products or services will be issued where a Coupon or mobile device has been lost or stolen, or the Application has been deleted (accidentally or otherwise) from the user’s mobile device, and Merchant accepts no responsibility for any lost or stolen Coupons or mobile devices, or the deletion of the Application from the user’s mobile device.
  7. All coupons are subject to availability.

To the extent of any conflict between the General Terms and any additional terms of sale referred to in a merchant’s Featured Alert or Coupon, the additional terms of sale will take priority.

Refunds

Once you have requested to buy any products or services shown in a Featured Alert, and been issued with a Coupon but before the Coupon (which has not expired) has been exchanged for the Merchant’s products or services which are the subject of the Offer, then upon your reasonable request Sprooki may agree to refund, on a case by case basis and at its sole discretion, the stated offer price to you.  Sprooki will not pay any refunds and accepts no responsibility for any lost or stolen mobile devices, or where the Application has been deleted (accidentally or otherwise) from a user’s mobile device.

After any Coupon has been exchanged for a merchant’s products or services which are the subject of a Featured Alert, the merchant shall be responsible for responding to and resolving all service issues (including refunds, queries and complaints) in connection with the products or services.

User Account and Security

You will receive user name and password when you register for the Service. You are responsible for maintaining the confidentiality of the password and account and should not disclose it to any third party, including friends and family.  You remain fully responsible for all activities that take place using your password or account. You agree to immediately notify Sprooki of any unauthorised use of your account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sprooki accepts no liability for any loss or damage arising from your failure to comply with these requirements.

Privacy Policy

Sprooki understands the importance of protecting your personal information and informing you about how it will be used.  You agree that your user registration information, activity and location information when you use the Service and certain other information about you will be processed in accordance with our Privacy Policy. For more information, please refer to our Privacy Policy.

User Requirements and Conduct

The Application will only allow Coupons to be purchased in Singapore. You agree not to use or attempt to use the Application outside Singapore.  You are responsible for obtaining all hardware and Internet access in order to download and use the Application and the Site, and all associated costs and other charges.

The Service is available to individual users aged 13 years or older. If you are older than 13 but younger than 18 years of age, you should read these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand it before using the Service. To make any purchase of Coupon(s), you must be aged 18 years or older.

By using the Service, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.

Sprooki does not control any material posted by any third parties on the Services, including but not limited to its users and merchants, or guarantee the accuracy, integrity or quality of any such material. You acknowledge that by using the Service, you may find material that is offensive, indecent or objectionable. Sprooki does not accept liability for any errors or omissions in any such material, or for any loss or damage of any kind incurred as a result of the use of any material featured or otherwise transmitted via the Services.

Whenever you make use of a feature that allows you to upload material to our Service, or to make contact with other users of our Service, you must not:

  • upload any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, or racially or otherwise objectionable;
  • upload, post, email or otherwise communicate any material that you do not have a right to transmit under any law or otherwise;
  • upload, post, email or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or any other intellectual property or proprietary rights of any party;

Any material you upload to our Service will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Service constitutes a violation of their intellectual property rights, or of their right to privacy.

As owner or licensor of the material that you upload onto the Service, you grant Sprooki a non-exclusive, transferable, royalty-free, worldwide licence (or sub-licence, as applicable) to use, reproduce and publicly display the material on the Service. This licence will expire upon the termination or deletion of your user account or termination of the Service. Other than your and other users’ material uploaded onto the Service, Sprooki and its merchants are the owners or the licensees of all copyright and other intellectual property rights in the Service, and in the material published on it.

You acknowledge that Sprooki has no obligation to monitor material but shall have the right in its sole discretion to refuse, move or remove any material that is available via the Service that violates these Terms of Use. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Service.

We have the right to remove any material or posting you make on our Service if, in our opinion, such material does not comply with the content standards set out in these Terms of Use.

You must not misuse our Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Application or our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

Application License

The Application is licensed, not sold, to you when you download it onto you mobile device via iTunes.  The license granted to you is limited to a revocable, non-transferable license to use the Application on any mobile device owned or controlled by you, in accordance with these Terms of Use and as permitted by Apple’s App Store Terms of Service.

You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Application and, if you sell your mobile device to a third party, you must remove the Application from your mobile device before doing so. You may not copy (except as expressly permitted by this licence), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Sprooki and its licensors.

Links From Our Service

Where our Service contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Warranties and liability

You acknowledge that, while Sprooki endeavours to make the Service available at all times, certain technical maintenance and upgrades of the Service will be required from time to time, resulting in the delay, suspension or termination of the Service.  The Service may also be unavailable from time to time for reasons beyond the control of Sprooki.  Sprooki does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, and you agree that the Service may become unavailable, and Sprooki may suspend use of the Service for indefinite periods of time, or terminate the Service at any time, without notice to you.

To the maximum extent permitted under applicable law, you acknowledge that neither Sprooki nor Apple has any obligation whatsoever to furnish any maintenance and support services with respect to the Application. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Application or the site or to your downloading of any material posted on it, or on any website linked to it.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPROOKI, ITS AFFILIATES FROM TIME TO TIME AND CONNECTED THIRD PARTIES EXPRESSLY EXCLUDE ALL WARRANTIES INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE MATERIAL DISPLAYED ON THE SERVICE IS ACCURATE, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR ERROR-FREE,  OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ALL OTHER TERMS IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SPROOKI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU OR ANY USER IN CONNECTION WITH OUR SERVICE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF OUR SERVICE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR ANY LOSS OF DATA, PROFITS, INCOME OR REVENUE, OR FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, PROVIDED THAT THIS CONDITION SHALL NOT PREVENT CLAIMS FOR LOSS OF OR DAMAGE TO YOUR TANGIBLE PROPERTY OR ANY OTHER CLAIMS FOR DIRECT FINANCIAL LOSS THAT ARE NOT EXCLUDED BY ANY OF THE CATEGORIES SET OUT ABOVE.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU WHEN USING THE SERVICE DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR ONE HUNDRED SINGAPORE DOLLARS, WHICHEVER AMOUNT IS LESS.

Property Rights and Indemnity

Sprooki and its merchants are the owners or the licensees of all copyright and other intellectual property rights in our Service, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved. You agree that you will not use such proprietary information or materials in any way whatsoever except in accordance with these Terms of Use.

You may print off one copy, and may download extracts, of any page(s) from our Service for your personal reference, but Sprooki’s status (and that of any identified contributors) as the authors or licensees of material on our site must always be acknowledged.

You must not use any part of the materials on our Service for commercial purposes without first obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Service in breach of these Terms of Use, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Sprooki, the Sprooki logo, and other Sprooki trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Sprooki Pte. Ltd. in Singapore and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or licence with respect to any of the Sprooki trademarks and any use of such trademarks.

Sprooki undertakes to defend you or, at its option, settle any claim or action brought against you alleging that the possession or use of the Application (or any part thereof) in accordance with these Terms of Use infringes the intellectual property rights of a third party.   You agree that, if you become aware of any such third party claim, you shall as soon as practicable notify Sprooki of the claim, specifying the nature of the claim in reasonable detail; and not make any admission of liability, agreement or compromise in relation to the claim without the prior written consent of Sprooki.  You further acknowledge that this constitutes your exclusive remedy and Sprooki’s only liability in respect of such claims.

For the avoidance of doubt, Sprooki shall not defend or settle any such third party claim where the claim in question is attributable to your possession, use, development, modification or maintenance of the Application (or any part thereof) other than in accordance with these Terms of Use, use of the Application in combination with any hardware or software if the infringement would have been avoided by not using of that software or hardware, or use of a non-current version of the Application.

If any such third party claim is made, or in Sprooki’s reasonable opinion is likely to be made, against you, Sprooki may at its sole option and expense: (i) procure for you the right to continue using the Application in accordance with these Terms of Use; (ii) modify the Application so that it ceases to be infringing; (iii) replace the Application; or (iii) terminate your user account or the Service.

Third Party Rights

A person who is not a party to these Terms of Use shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act, except for Apple and Apple Inc.’s affiliates, which are third party beneficiaries of these Terms of Use and may enforce these Terms of Use against you as a third party beneficiary hereof.

Nothing in these Terms of Use shall affect Sprooki’s right to terminate, rescind or agree with you any amendment or variation of these Terms of Use, or for you to cancel your user account, without recourse to any third party.

Changes to These Terms of Use

These Terms of Use are effective as of 17 October 2011. Sprooki reserves the right to update, modify or otherwise make changes to these Terms of Use at any time.  Any changes to these Terms of Use will be posted on the site and accessible via the Application. A notification may also be sent to your registered email address.  Any changes to the Terms of Use will take effect immediately and be binding on you from the time of posting such changes on the site and the Application, but shall not affect the terms of any Coupons issued prior to the posting of the revised Terms of Use.   Please ensure that you refer to the Terms of Use on a regular basis to check for any such changes.

General

Neither you nor Sprooki may assign or transfer any rights or obligations under these Terms of Use without the prior written consent of the other, except that we may assign or transfer any or all of our rights and obligations (without your prior consent) to any of our affiliated companies.

If any court or competent authority finds that any provision of these Terms of Use (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms of Use shall not be affected.

If any invalid, unenforceable or illegal provision of these Terms of Use would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

These Terms of Use (including the Privacy Policy) contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

These Terms of Use are governed and shall be interpreted and construed in accordance with Singapore law.  Any dispute or claim arising out of or in connection with these Terms of Use will be subject to the non-exclusive jurisdiction of the courts of Singapore.

Contact

We welcome your questions, comments and requests regarding these Terms of Use.  Please contact us by email at:  info@sprooki.com.