*** PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE ***
By installing and/or using malltigo (“Software”, “Services”), you agree that this User Agreement (“License”) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Your use of malltigo indicates your acceptance of this user agreement.
Subject to the terms of this Agreement, Acia Pte Ltd (“Acia”, “we”, “our”, “us”) grants to you a limited, non-exclusive, non-transferable license, without right to sub-license to use malltigo in accordance with this agreement and any other written agreement is a binding legal agreement between Acia and the users of malltigo. By downloading and/or using this Software, you are agreeing to this License. If you don’t agree with any of these terms, you cannot download or use our Software. It should be remove/uninstall from your device(s).
Your License to use malltigo is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of malltigo.
You shall use malltigo in compliance with all applicable laws and not for any unlawful purpose.
You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account IDs and for any changes, damages, liabilities or losses incurred or suffered as a result of your failure to do so.
We are not liable for any harm caused by or related to the theft of your Account IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Services using your Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account including any charges incurred relating to the Services.
You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you.
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse, engineer, disassemble or decompile malltigo nor can you create any derivative works or other works that are based upon or derived from malltigo in whole or in part.
Acia’s name, logo and graphics file that represents malltigo shall not be used in any way to promote products developed with malltigo. Acia retains sole and exclusive ownership of all right, title and interest in and to malltigo and all Intellectual Property rights relating there to.
Copyright law and international copyright treaty provisions protect all parts of malltigo, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Acia.
Limitation of Responsibility
You will indemnify, hold harmless and defend Acia, its employees, agents and distributors against any and all claims, proceedings, demand and cost resulting from or in anyway connected with your use of Acia’s Software.
In no event (including, without limitation, in the event of negligence) will Acia, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, malltigo or the use or inability to use malltigo or the furnishing, performance of use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Merchants may use the Services to offer Shopping Services only through their business or personal website or software application (“Merchant Site”) and we reserve approval authority as to the implementation and use of the Services on the Merchant Site. Merchants are not authorized to handle any credit card account information of the users. All information will be kept confidential with malltigo. However, malltigo is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid (“Fraudulent Actions”). By using the Services, you hereby release malltigo from any liability arising from Fraudulent Actions. You will also use best efoorts to promptly notify malltigo of any Fraudulent Actions which may affect the Services. Malltigo reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
Except as expressly stated in writing, Acia makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or witten, including, without limitation, or any implied warranties or merchantable quality of fitness for a particular purpose.
This Agreement shall be governed by Singapore law, without regard to the choice or conflicts or law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the User Agreement or the Software shall be subject to the exclusive jurisdiction of the courts of Singapore to which you hereby agree to submit to.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination f this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of malltigo and destroy all copies of malltigo supplied under this Agreement.
Transmission of Data/Updates
Use of this Software may involve the trans mission of data over the Internet to malltigo and to and from third parties. For the sake of copy protection, the software might verify a valid activation automatically from time to time. If you elect to receive automatic updates, we will push updates to your devices but we will always notify you first.
We may modify these terms or any additional terms that apply to Software to, for example, reflect changes to the law or changes to our Software. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable service. Changes will become effective no sooner than fourteen days after they are posted. However changes addressing new functions for Software or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Software.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH OTHER MERCHANTS AND USERS AND IN THE PROVISION OR RECEIPT OF SHOPPING SERVICES. MALLTIGO IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. MALLTIGO IS UNDER NO OBLIGATION TO, AND MAY NOT ROUTINELY, SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE WEBSITE OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR USERS. IT IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE SERVICES OR SHOPPING SERVICES, AND THAT THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE WEBSITE OR THROUGH THE SERVICES. YOU UNDERSTAND THAT IN USING THE SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD- PARTY INFRASTRUCTURE THAT IS NOT UNDER MALLTIGO’S CONTROL (SUCH AS THIRD-PARTY SERVERS). MALLTIGO MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURE. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MALLTIGO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. MALLTIGO MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MALLTIGO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF SHOPPING SERVICES OFFERED OR PROVIDED BY MERCHANTS OR REQUESTED BY CLIENTS THROUGH USE OF THE SERVICES WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY PROFESSIONAL. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MALLTIGO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability & Release
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MALLTIGO OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BOIDLY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) SHOPPING SERVICES FACILITATED BY THE SERVICES OR ANY INTERACTIONS BETWEEN USERS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICES OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. MALLTIGO EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICES. BECAUSE MALLTIGO IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY SHOPPING SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE MALLTIGO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF SHOPPING SERVICES OR OTHERWISE.
Last Updated: 25 August 2015