Last updated : 04/06/2020
1.3 We reserve the right, in our sole discretion, to vary any parts of these Terms at any time. You should periodically visit this page to review the current Terms so that you are aware of any revision to which you are bound. If we do this, we will post the changes on the Platform and update the “Last Updated” date at the top of this page, or notify you of such changes by email at the email address registered with your Account (defined below). Your continued use of the Platform and/or Services after any such changes constitutes your acceptance of the latest terms and conditions. However, any changes will not apply retrospectively.
1.4 The access to or use of certain areas and features of the Platform and/or Services may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, as published on the Platform or via separate agreement in writing. For example, if you are a Merchant (defined below), you will be required to execute a merchant agreement with Trueblu. All such separate policies, standards or guidelines, or additional terms and conditions, are hereby incorporated by reference into these Terms. If there is a conflict between these Terms and the additional terms and conditions, the latter terms and conditions will take precedence, unless otherwise specified.
“Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks, copyrighted materials and Third Party Resources, displayed, published or made available through the Platform, whether by Trueblu or Users;
“Customers” means Merchants’ customers, and a “Customer” means any of them;
“Event of Force Majeure” means any cause beyond the reasonable control of a party to these Terms, including any act of God, outbreak, or epidemic of any kind, communicable and virulent disease, strike, flood, fire, embargo, boycott, act of terrorism, insurrection, war, explosion, civil disturbance, shortage of gas, fuel or electricity, interruption of transportation, governmental order, unavoidable accident, or shortage of labour or raw materials;
“Intellectual Property Rights” means all intellectual property rights (whether registered or not) including, but not limited to, copyright (including copyright in computer software), patents, logos, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in connection with the Platform, Services and/or Content;
“Merchants” means independent third party vendors, service providers or business operators using the Platform or Services in connection with their business, and a “Merchant” means any of them;
“Merchant’s Programs” means any marketing, promotional, loyalty, reward, discount or rebate programs (or similar programs, offerings or activities) introduced by Merchants to Customers through the Platform or Services;
“Parties” means collectively Trueblu and a User, and a “Party” means any of them.
“Trueblu Technologies” means Trueblu’s proprietary technology underlying the Platform and/or Services, including internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), source codes, user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Trueblu or its licensors) in connection with the Platform and/or Services, and also including any derivatives, improvements, enhancements or extensions of the technology conceived, reduced to practice, or developed by Trueblu from time to time that are not uniquely applicable to Users or that have general applicability in the art;
“Users” refers to any user of the Platform or Services, including but not limited to Merchants and Customers, and a “User” means any of them;
“User’s Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks and copyrighted materials, that Users post, upload, transmit or otherwise make available through the Platform and/or Services.
2.2 References to Clauses are to the clauses of these Terms.
2.3 The headings are for convenience only and shall not affect the interpretation of these Terms.
2.4 Unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa; references to natural persons shall include bodies corporate and vice versa; and words denoting any gender shall include all genders.
3.3 Merchants are solely responsible for their products or services offered or supplied to Customers, and Trueblu shall not be responsible for and does not provide any warranty or guarantee whatsoever with respect to (i) the quality, safety, suitability, or legality of any product or service of Merchants, (ii) the truth or accuracy of the descriptions of Merchant’s products or services or their Merchant’s Programs, or (iii) the reliability, performance or conduct of Merchants. Trueblu shall only be responsible to ensure that Merchants and Customers deal with each other in accordance with and within the parameters of these Terms. Trueblu shall not and is not required to mediate or resolve any dispute or disagreement between Users or between Customers and the Merchants.
3.4 Users who are Customers acknowledge and agree that in the event of a Merchant ceasing to use the Platform and/or Services for any reason (whether due to termination, expiration or non-renewal of Merchant’s Account), all of their privileges, rewards, points or other benefits provided by or in relation to that Merchant will automatically lapse and have no further effect. The affected Customers shall have no claim against Trueblu or the relevant Merchant in respect of such privileges, rewards, points or other benefits that have so lapsed.
5.3 You are responsible for determining any other person who has the right or authority to access, use or administer your Account. Whilst you may permit such third party access to administer your Account, you remain fully liable under these Terms for all acts and omissions of any third party that uses or administers your Account for you or on your behalf whether or not such third party has acted in accordance with your instructions. You are solely responsible for maintaining the confidentiality of your username, password and other information relating to your Account, and any and all activities that occur under your Account. You agree to (i) immediately notify us of any unauthorised use of your Account, password, or any other breach of security, and (ii) ensure that you exit or sign-out from your Account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with the provision.
5.4 You acknowledge that we may establish general practices and limits concerning use of the Platform. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Platform. You acknowledge that we reserve the right to terminate any Account that is a duplicate or inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
5.5 By registering an Account, you agree to receive informative, promotional or marketing emails or communications (by SMS, e-mails or otherwise) in connection with the Platform, Services and the products or services of Merchants or our other business partners. You can opt-out from receiving such communications by clicking the “Unsubscribe” link at the bottom of the e-mail or sending us an e-mail to opt-out at [support@trueblu.co].
6.3 You may only use the Platform and/or Services in compliance with applicable laws and for legitimate purposes.You agree to comply with these Terms, all local rules and laws regarding your use of the Platform and/or Services, including your online conduct that is applicable in your jurisdiction.
6.4 In using the Platform, Services and/or Content, you undertake that you will not:
6.5 To the extent where the Platform allows you to post, upload, transmit or otherwise make available any User’s Consent, you represent and warrant that: (a) you either are the sole and exclusive owner of the User’s Content or you have all rights, licenses, consents and releases necessary for use of the User’s Content on the Platform; and (b) neither the User’s Content nor your submission, uploading, publishing or otherwise making available of such User’s Content nor our use of the User’s Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further agree that:
6.6 We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates the above provisions, including without limitation, suspending or terminating the Account of such violators and reporting them to the law enforcement authorities.
6.7 We cannot guarantee the identity of any other Users with whom you may interact with in the course of using the Platform and/or Services. We also cannot guarantee the authenticity and accuracy of any User’s Consent whichother Users may provide. All User’s Content accessed by you using the Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
6.8 You are solely responsible for your own hardware, internet connection or telecommunication charges incurred for accessing, connecting to or using the Platform and/or Services.
8.3 To the extent where you provide us with any any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby assign ownership of all intellectual property rights subsisting in that Feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion.
8.4 Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to Trueblu.
9.3 We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Resources. In addition, we will not and cannot monitor, verify, censor or edit the content of any Third Party Resources. By using our Services, you expressly relieve and hold Truebluharmless from any and all liability arising from your use of any Third Party Resources.
10.3 You acknowledge that Trueblu may use third party suppliers to provide hardware, software, networking, connectivity, storage and other technology in order to provide the Platform and/or Services. The acts and omissions of those third party suppliers may be outside of our control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
10.4 We have no responsibility whatsoever for any arrangements you make with any third party (including Merchants and other Users) as a result of your use of the Platform and/or Services. Your interactionsand transactions with organisations and/or individuals found on or through the Platform, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. In the event that you have a dispute with one or more other users or third parties, you hereby release Trueblu from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such dispute.
10.5 You may see advertising material submitted by third parties on the Platform. Each individual advertiser is solely responsible for the content of its advertising material and we accept no responsibility for the content of such advertising material, including, without limitation, any error, omission or inaccuracy therein.
10.6 If you are dissatisfied with the Platform and/or Services, or do not agree with any part of these Terms, or have any other dispute or claim with or against Trueblu or another User with respect to these Terms or the Platform, your sole recourse is to discontinue use of the Platform and/or Services.
13.3 Upon termination of the agreement with a User pursuant to these Terms, the User’s access and use rights to the Platform and/or Services and other rights hereunder shall terminate. Save for any obligations which are expressed to survive, each Party’s further rights and obligations shall cease immediately, provided that such termination shall not affect a Party’s accrued rights and obligations as at the date of such termination.
13.4 In the case of expiration or termination (as the case may be) of a Merchant’s Account or Customer’s Account for any reason, all privileges, rewards, points or other benefits under or in connection with the Customer’s Account will automatically lapse and have no further effect. The affected Customers shall have no claim against Trueblu or the relevant Merchants in respect of such privileges, rewards, points or other benefits that have so lapsed.
Address: [531 upper cross street, #04-52, hong lim complex, singapore050531.]
E-mail: [support@trueblu.co]
In the case of a User, to:
Address: As registered with the User Account
E-mail: As registered with the User Account
or (in either case) to such other address or electronic mail address as the relevant party may have notified to the other party in accordance with this Clause.
16.3 Save as otherwise specifically provided in these Terms, the Parties shall not be liable for failures or delays in performing their obligations hereunder arising from any Event of Force Majeure, and in the event of any such delay, the time for all Parties’ performance shall be extended for a period equal to the time lost by reason of the delay which shall be remedied with all due dispatch in the circumstances.
16.4 These Terms are not assignable, transferable or sub-licensable by Users except with Trueblue’s prior written consent. Trueblu may freely transfer, assign or delegate these Terms and their rights and obligations without prior notice to or consent by Users.
16.5 These Terms are personal to Users. A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.
