CUSTOMER TERMS OF USE & SALE

Welcome to the V-MORE Portal.

VMORE Systems Pte Ltd (“V-MORE” or “we” or “us” or “our”) operates online e-commerce goods and services websites known as the “V-MORE Web Portal” and other similar name (collectively referred to as the “V-MORE Portal”) we will collect merchants to list goods and services for sale to you directly. We function as an aggregator, which means we will attempt to curate goods and services so you (“Customer”) are able to enjoy a one-stop shop shopping experience and enjoy the promotions that such merchants will run from time to time. We may from time to time add website features and other services (“V-MORE Services” or “our Services”) to you.

This Customer Terms of Use & Sale, the Customer Agreement and all rules and policies posted on our sites set out the terms (the “Terms”) on which V-MORE offers you the V-MORE Services. You agree to the Terms when you register as a user on any V-MORE Portal and you agree to comply with all of the below when accessing or using V-MORE Services.

Please read these Terms carefully before using V-MORE Services. By using V-MORE Services, you signify your agreement to be bound by the Terms.

 V-MORE Portal

Terms of Use

Terms of Sale

V-MORE Portal

The V-MORE Portal is an internet platform where you may view or place orders to purchase or redeem goods and services (“Products”) listed on the V-MORE Portal.

Terms of Use

These Terms of Use apply when you use the V-MORE Portal.

1. Our Role

We provide our V-MORE Portal which lists Products that either third parties (“Merchants”) or V-MORE ourselves are offering to sell. You may purchase or redeem such Products and in doing so you agree that the purchase will be subject to the Terms of Sale herein.

2. Acceptable Use and Privacy

The safety of our Customers is important to us and we have in place a set of rules to ensure your protection.

Our Data Protection Rules explain how V-MORE collects personal data, how personal data in our possession is treated, your obligations to us when you transact with us and what you agree to consent to when you transact with us. The data protection laws that we comply with includes the Singapore Personal Data Protection Act and the applicable subsidiary legislations, rules, regulations, guidelines, policies and any other directions. Any personal data collected by us may be used in accordance with the data protection laws applicable to V-MORE.

Our Acceptable Use Rules govern your use of the V-MORE Portal and our Services. We want to let you know that it is a breach of our Acceptable Use Rules if you:

• use the V-MORE Portal to accept, transmit or distribute unsolicited bulk data or otherwise send, or facilitate the sending of unsolicited commercial email and mail bombs to any person or system in a way that could be expected to adversely impact our network or facilities, or may potentially encroach on a third party’s intellectual property rights or any rights of publicity or privacy;
• attempt to connect to any third-party systems without prior permission or arrangement or use our Services or V-MORE Portal in a manner which is intended to abuse or to violate the property rights of others; or
• use our Services or V-MORE Portal to conduct any other activities, which in V-MORE’s view are detrimental to its Customers, Merchants and/or its own operations.

The above are some examples of unacceptable conduct while using our Services and the V-MORE Portal.

Please review our Acceptable Use Rules and Data Protection Rules to ensure that you do not breach our rules and do immediately notify us of any unauthorised access or attempted breach of security. If you do not agree with any of the abovementioned rules, you must immediately cease use of the V-MORE Portal.

3. Communications and Other Content

When you use our Services, you may communicate with us and with other Customers or Merchants using the V-MORE Portal. In doing so you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communication be in writing. We reserve the right to remove or edit the content of such communications.

4. Confidentiality

Where we have disclosed any confidential information to you, you are responsible for keeping such information confidential unless with our prior written consent or in situations where disclosure is required by law, regulation, order of court or governmental body.

Where you have disclosed any confidential information to us, you grant V-MORE a non-exclusive, perpetual, irrevocable, royalty free worldwide licence to use such confidential information provided that Customer personal data will be used only in accordance with our Data Protection Rules.

5. Intellectual Property

All content included in or made available through any V-MORE Services, such as text, graphics, logos, images, digital downloads, and data compilations is the property of V-MORE or its licensors. You may not in any way tamper with, reverse engineer or otherwise copy, adapt, lease, lend, distribute, sell, sublicense, or otherwise transfer any the of the V-MORE Portal software or its functionality, all the Intellectual Property rights to which belong to V-MORE or its licensors. You may not copy, sublicense, distribute sell, or publish any of the content of the V-MORE Portal. You may not interfere or attempt to interfere with the proper operation of the V-MORE Portal or the Services. You may not grant or allow access to the V-MORE Portal or Our Services to any person.

To protect our and our partners’ intellectual property, Customers shall co-operate fully with investigations of violations of systems or security networks or security at other sites and with law enforcement authorities in the investigation of possible criminal violations. If you violate any systems and/or network security, note that you may also incur other criminal or civil liability.

6. Our liability

We will do our utmost to ensure that availability of V-MORE Services will be uninterrupted and that transactions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to V-MORE Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. You agree that you are making use of V-MORE Services at your own risk, and that they are being provided to you on an "as is" and "as available" basis.

 V-MORE will not be responsible for losses that were not caused by any breach on our part, any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), any indirect losses that were not foreseeable to both you and us when you commenced using V-MORE Services, or any losses resulting directly or indirectly including but not limited to:

1. Customer’s use of or Customer’s inability to use the Services;
2. Information such as (pricing, shipping, or other guidance) provided to the Customer;
3. delays or disruptions in the Services;
4. viruses or other malicious software obtained by accessing or linking to the Services;
5. glitches, bugs, errors or inaccuracies of any kind in the Services;
6. damage to Customer’s hardware device from the use of any of the Services;
7. the content, actions, or inactions of third parties, including items listed using the Services or the destruction of allegedly fake items;
8. a suspension or other action taken with respect to Customer’s account or breach of the Terms;
9. Customer’s need to modify practices, content or behaviour as a result of changes to the Terms;
10. performance or lack thereof by Customer subsequent to any order made by Customer on the V-MORE Portal;
11. delivery of Products; or
12. any non-suitability, non-fitness for purpose or non-conformity with description (“Non-Suitability”) or apparent Non-Suitability of any Product.

For purposes of the above, V-MORE acknowledges that V-MORE’s right to disclaim, limit or restrict Customer’s liability may be prohibited by applicable laws including without limitation to that set out in the Singapore Unfair Contract Terms Act (Cap. 396).

7. Alteration to Service or Amendments to the Terms of Use

We reserve the right to make changes to any V-MORE Services, rules, policies, terms and conditions including these Terms of Use (including without limitation to the Terms of Sale, Data Protection Rules, Acceptable Use Rules, Customer Agreement), at any time by giving you notice. You will be subject to the terms and conditions, rules, policies and Terms of Use in force at the time that you use the V-MORE Services.

The changes shall take effect on the date specified in the notice. The obligation to give you prior notice does not apply if additions and/or variations are required in an emergency or where it is not practicable to give such notice. Further, we may make amendments for administrative or clarification purposes and include additional terms and conditions governing new Products without giving you any notice.

The prior notice may be given to you by exhibiting such notice of the amendments or making available a set of the revised Terms of Use and/or any other terms, conditions, rules or regulations on our website, or via publication through any media, by post to the address provided to us, or by email to the email address provided to us. Upon such exhibition or publication, you are considered to have been notified of such amended terms.

If you do not accept any addition and/or variation to such terms, you must immediately discontinue operating and close your account on the V-MORE Portal (the “Account”). If you continue to operate the Account after such notification, you are deemed to have agreed to the addition and/or variation without reservation.

If there is any inconsistency between the English version and the Chinese or other versions of the Terms of Use and/or any other terms, conditions, rules or regulations (if any), the English version will prevail.

8. Waiver

If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

9. Non-Disparagements

(a) You represent and agree that you will not at any time during your use of the V-MORE Services, through any medium, either orally or in writing, including, but not limited to, electronic mail, television or radio, computer networks or Internet bulletin boards, blogs, social media, such as Facebook, LinkedIn, or Twitter, or any other form of communication, disparage, defame, impugn, damage or assail the reputation, or cause or tend to cause the recipient of a communication to question the business condition, integrity, competence, good character, professionalism, or product quality of V-MORE or its stockholders, directors, officers, employees, services or business practices, as applicable, whether by virtue of the Terms or any of the details covered by the Terms, except as follows: your counsel, immediate family, or spouse, when such disclosure is required by a subpoena issued by a court of competent jurisdiction, and except as required by law or order of court. Nothing in this provision shall be read to prohibit regular and commercially reasonable acceptable competitive business speech by you.

 (b)            You acknowledge that a breach of Paragraph 9(a) above will cause V-MORE to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by us of actual damages because we cannot know in advance the impact of a breach on V-MORE’s reputation or business, nor can we readily ascertain what costs V-MORE will incur as a result. Accordingly, if you breach any of Paragraph 9(a), you shall pay V-MORE USD 5,000 or USD 1,000 per day that you remain in breach, which represents a fair, reasonable and appropriate estimate thereof. You agree that the agreed upon sum is not a penalty, but rather a reasonable measure of damages given the nature of the losses that may result from breach.

(c)            You also acknowledge that damages alone may not be an adequate remedy for the breach of any of the Terms. Accordingly, without prejudice to such damages, any other rights and remedies V-MORE may have, you acknowledge and agree that V-MORE shall be entitled to the granting of equitable relief (including without limitation to injunctive relief) concerning any threatened or actual breach of any of the Terms.

10. Indemnity

Notwithstanding the damages payable in Paragraph 9(b) above, and also in the event you breach any of the Terms of Use, you agree to indemnify V-MORE all costs, expenses, disbursements, expenditures, outlaws, overheads, outgoings, and any other amounts incurred by V-MORE (including attorney’s fees actually incurred) on a full indemnity basis promptly upon V-MORE’s request.

Terms of Sale

These Terms or Sale apply to any transactions via our V-MORE Portal relating to the sale and purchase of the Products listed on the V-MORE Portal, and to the purchase and/or grant of V-MORE Entitlements (defined below).

1. Our Role

Sale and purchase of Products via the V-MORE Portal. In the course of accessing the V-MORE Portal, you may place orders for Products listed in the catalogues and perform other transactions and, due to certain promotions that we carry out, you may even be redirected to third-party platforms to place orders. We may either facilitate sales directly to Merchants, or alternatively we may sell Products directly, meaning on our own account.

In the case where we facilitate the direct sale of Products from Merchants, V-MORE (i) does not have possession of any Product listed or sold through the V-MORE Portal; and (ii) V-MORE is neither the buyer nor the seller of the listed Products. In such case, V-MORE is not involved in the actual transaction between Merchant and Customer, therefore accordingly, the contract formed at the completion of a sale for the listed Product(s) is solely and directly between Merchant and Customer. Consequently, and for the avoidance of doubt, should you need to request cancellation of your sale or a refund, such request must be made directly to the Merchant. We do not take responsibility for communicating to Merchant any request made by you to us.

In the alternate case where we sell Products directly to Customer on our own account, the contract formed at the completion of a sale for the listed Productis between us and the Customer.

In either case above, we are not responsible for examining or evaluating, and we do not warrant the offerings of Products.

Where we facilitate the direct sale of Products from Merchants, V-MORE does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. We may share your information related to your order with the respective Merchant(s). You should carefully review their privacy statements and other conditions of use.

Promotions: Sale and grant of V-MORE Entitlements. In the course of accessing the V-MORE Portal, you may receive entitlements or sets of entitlements that will be described to you more particularly when they are offered to you (“V-MORE Entitlements”). These V-MORE Entitlements may be either offered to you for purchase, or granted to you free-of-charge. These V-MORE Entitlements may be packaged individually or in predetermined customized sets and may be described by us using various descriptors and names such as “points”, “tickets”, etc. These V-MORE Entitlements may be used in different ways including without limitation to redeeming Products via the V-MORE Portal or such other uses which will be determined by us and described to you. These V-MORE Entitlements are subject to an expiry period notified to you after which you will lose the V-MORE Entitlements even if you have not utilised them. You should be aware of the expiry date of your V-MORE Entitlements and whether they may be extended, and if so, under what terms and conditions.

You acknowledge that V-MORE does not maintain any license issued pursuant to the Payment Systems (Oversight) Act and at the present moment does not intend to maintain licences pursuant to the upcoming Payment Services Act 2019. V-MORE intends to operate without such licensing unless required to do so. 

2. Pricing, Availability and Information relating to Products listed on the V-MORE Portal

We list available information for Products displayed on the V-MORE Portal. If the Product is unavailable, and you are ordered such Product for yourself, we will endeavour to inform you by e-mail as soon as possible, and you will not be charged for the Product.

Please note that unless otherwise stated, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

Despite our best efforts, a number of the items in our catalogue may be mispriced. If we have made a mistake, please contact our support staff.

In the case where V-MORE is not the manufacturer or seller of the Products displayed on the V-MORE Portal, we will work to ensure that Product information on the V-MORE Portal is correct, but you accept that actual Product packaging and materials may contain more or different information to that displayed on our website. All information about the Products on the V-MORE Portal is provided for informational purposes only and are not intended to be binding.

3. Pricing, and Information relating to V-MORE Entitlements

We will provide appropriate information for V-MORE Entitlements as and when they are offered to you.

4. Our liability

You agree to waive the right to bring any claim against V-MORE or any Customer or Merchant arising (i) from the sale and purchase of Products listed on the V-MORE Portal; (ii) from the sale, purchase and grant of V-MORE Entitlements; and (iii) out of or in any way relating to these Terms of Sale, more than one (1) year after our Services are discontinued, expired, terminated or otherwise ceased, or one (1) year after the date of the occurrence of the event giving rise to the basis of a claim, whichever the earlier date. In the latter case, where an event is not an instantaneous event but occurs over a period of time, or if the basis of a claim arises from a series of events, then the one (1) year period shall be deemed to commence from the first day of such event, or the first day of the first event of such series, respectively.

V-MORE's total liability to Customers in the aggregate with respect to all claims arising from or related to the subject matter of these Terms of Sale (including attorney’s fees) will not exceed the lowest of the three figures as follows: (i) the amount actually paid by Customer to V-MORE for the three (3) month period immediately preceding the month in which the first claim arose or the price of a product; (ii) the price of one unit of such Product (in the case where the claim arises in respect of the Customers’ purchase of a product); or (iii) USD 5,000.

In the event you breach any of the Terms of Sale, you agree to indemnify V-MORE all costs, expenses, disbursements, expenditures, outlaws, overheads, outgoings, and any other amounts incurred by V-MORE on a full indemnity basis promptly upon V-MORE’s request.

5. Customs

Some delivery may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as we have not control over those charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

 Additionally, please note that when you submit orders to V-MORE, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

6. Right of Cancellation & Refund of Products listed on the V-MORE Portal

V-MORE may sell to you Products from third parties or on its own account. Where V-MORE sells to you Products from third parties, Customers will be subject to the respective Merchant’s cancellation and refund policies (if any and where applicable). Where V-MORE sells to you Products on its own account, you may request for (a) cancellation of your order of a particular Product within seven (7) days from the date you placed an order for the Product and / or (b) refund within seven (7) days from the date you receive the Product ordered via the V-MORE Portal (“Cancellation Deadline”). However, we reserve the right to accept or reject such requests made within the Cancellation Deadline at our sole and absolute discretion. Where applicable, refunds may be granted upon receipt of the Product in question in good condition. In any case, we reserve the right to accept or reject such requests made within the Cancellation Deadline at our sole and absolute discretion. Where applicable, refunds may be granted upon receipt of the Product in question in good condition.

 We are not responsible for examining or evaluating, and we do not warrant the offerings or policies of, any of the Merchants. V-MORE does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You should carefully review their cancellation and refund policies.

 You must inform us of your decision to cancel your order promptly through the V-MORE Platform. Then, you must send back the Products in strict compliance with the instructions we provide (if any) no later than the Cancellation Deadline. You will have to bear direct and indirect costs of returning these Products. You will be liable if the value of the Products returned diminishes due to the handling of the Products (except when it was necessary to establish the nature, characteristics and functioning of the Products).

For additional information on the scope, content and instructions for the exercise, please contact us. 

For purposes of Products that are physically delivered, upon our acceptance of your request for cancellation and our receipt of all cancelled Products in the condition delivered to you within the Cancellation Deadline to our satisfaction, we will reimburse all payments received from you for the Products purchased and we may, at our sole and absolute discretion, also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 7 days from the day on which we receive the above communication. Note that any V-MORE Entitlements already consumed is not eligible for return. Where refund is effected by us, it is preferable that we will use the same means of payment as you used for the initial transaction, unless you have initially expressly indicated otherwise. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products.

7. Right of Cancellation & Refund of V-MORE Entitlements

When V-MORE Entitlements are granted to you free-of-charge, such V-MORE Entitlements can only be used in the manner described to you.

When you purchase V-MORE Entitlements, these purchases include a sixty (60) day full refund option from the date of purchase of the Entitlements.

When you use V-MORE Entitlements, such use is irrevocable and may not be rescinded under any circumstances except at our sole and absolute discretion.

In the event that we are made aware that the V-MORE Portal will be discontinued, V-MORE will endeavour to provide all Customers with a notice of such closure of at least one (1) month. In such event, Customers are therefore strongly encouraged to use up all V-MORE Entitlements before the V-MORE Portal is terminated.