Welcome to IBUYANDSHARE! Thanks for visiting our website.
Please read the following Terms and Conditions (the “Agreement”) carefully before access, use or place an order on ibuyandshare.com (“IBAS”) website features. This Agreement applies to IBAS and its affiliates’ websites (individually and collectively the “Site”) owned or operated by IXCHNG Pte. Ltd (“IXCHNG”, “We” or “Us”). The Agreement applies to all Users of the Site (“You”), including visitors, registered users, customers and persons posting information or content on the Site.
The terms in the Agreement may be revised from time to time in IXCHNG’s sole discretion by updating this page. Such modification will be effective immediately upon posting. You should visit this page regularly to make note of any changes we have made to the terms in the Agreement. Your continued use of the Site means that You accept any changes or modifications to these terms.
You must be at least 18 years of age for using the Site. If You are under 18 years old, You may use this Site only with authorization from a parent or legal guardian. By using or assessing the Site, You represent that You comply with this age requirement.
- Entire Agreement
The Agreement 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.
4.1 You are required to establish an Account on the Site in order to use certain features, such as shop your favourite products and share your shopping and shopping recommendations with others.
4.2 You agree to provide accurate, true, complete and current information about yourself as prompted by the Site and to promptly update such information to maintain accurate, true, complete and current information. If You provide any inaccurate, false, incomplete or outdated information or in IXCHNG’s sole discretion suspect that such information is inaccurate, false, incomplete or outdated, We reserve the right to suspend or terminate your Account and prohibit any and all current or future use of the Site or any portion thereof by You.
- Account Security
5.1 You will create a username and password during registering an Account on the Site. You are solely responsible for maintaining the security and confidentiality of your account and password. If you believe that the security of your password, username or account has been compromised, please inform us immediately.
5.2 You agree to safeguard your password and username you have selected for your account, will not share your username or password or let anyone else access your account, and to accept responsibility for all activities that occur under your account or password.
- Site Usage
You agree to comply with all the guidelines, operating rules and policies pertaining to the use of the Site, as well as any amendments to the aforementioned, post on the Site or provide You from time to time. We reserve the right to revise these guidelines, operating rules and policies at any time. You are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site. Further, We reserves the right in its sole discretion, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue or remove, all or any portion of the features offered on the Site and We shall not be liable if any such upgrade, modification, suspension or removal prevents You from accessing the Site or any part of the Site.
- User Content and Conduct
7.1 Where applicable at the Site, You may post your own content (“Content”) which may include text, comments, questions, ideas, feedback, opinions, suggestions ratings, links, purchases, photos, images, pictures, graphics, designs, music, audio, video and other works of authorship on the Site. You agree that You are solely responsible for any Content You post on or through the Site. You may not imply that your Content is endorsed by IXCHNG.
7.2 We will not be liable for any User Content, including, any errors or omissions, or any loss or damage incurred as the result of the use of any User Content in any manner posted to the Site. We are not responsible for any user’s use or misappropriation of any content You post to the Site. You represent and warrant that the Content You posted does not violate the privacy or publicity rights, copyrights, contract rights or any other rights including moral rights of any person. You agree to indemnify the Site and IXCHNG and its partners, affiliates and subsidiaries for all claims resulting from your Content.
7.3 By posting User Content to the Site, You hereby grant (or warrant that the owner of such rights has expressly granted) IXCHNG perpetual, worldwide, irrevocable, non-exclusive right, royalty-free, fully transferable, fully sub-licensable and license to use, host, store, reproduce, adapt, publish translate, edit, sub-license, modify, create derivative works from, communicate, publish, publicly display and distribute such content or incorporate such content into any form. The foregoing grant includes, without any limitation, any copyrights and other intellectual property rights in and to your Content. We are entitled to unrestricted use of any User Content it may receive, for any purpose, commercial or otherwise, without acknowledgement or compensation to You as the content provider.
7.4 You agree that We may preserve User Content and may disclose User Content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce this Agreement, respond to claims that any User Content violates the rights of third-parties, or protect the rights, property or personal safety of us, our users and the public. We also reserve the right at any time and for any reason to disable access to any user account or to delete, edit or modify any Content posted to the Site without any liability to You or to any third party.
7.5 You understand that the technical processing and transmission of the Site, including your User Content, may require transmitting over different networks and changes to conform to technical requirements of connecting devices or networks. IXCHNG does not monitor all Content posted to the Site and will not be responsible for Content posted to the Site, or any third-party sites. You acknowledge that IXCHNG does not regularly monitor the accuracy or reliability of Content.
7.6 You agree that you will not post or otherwise transmit any Content that:
(i) is harmful, false, unlawful, obscene, defamatory, racially or ethnically offensive, misleading or fraudulent information or otherwise objectionable;
(ii) cause annoyance to other users or you do not have the right to transmit under any law, contractual or fiduciary relationships;
(iii) contains contact Information or private information of any third party; and
(iv) contains viruses including but not limited to Trojan horse, worm, logic bomb, or other harmful, disruptive or destructive materials which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene that limit the functionality of any computer software, hardware or telecommunications equipment or interferes with either on the Site or any third party’s use of the Site.
7.7 You agree that in using the Site you will not:
(i) hack into any aspect of the Service; corrupt data;
(ii) attempt to gain authorized access to or otherwise interfere or disrupt other computer systems, servers or networks connected to the Site;
(iii) impersonate any person, entity or misrepresent your affiliation with any person or entity;
(iv) collect data of users of the Site without consent from such users;
(v) send unsolicited advertising, promotional materials, spam, junk mail, pyramid schemes or any other form of solicitation;
(vi) use the Site for illegal purposes; and
(vii) attempt, encourage or facilitate any of the above.
- Copyright, Trademarks and other Intellectual Property
Except for User Content, You acknowledge that all materials on the Site, including the Site’s design, text, graphics, icons, sounds, images, software, trademarks and other files and the selection and arrangement thereof, (collectively, “Materials”), are IXCHNG’ or its partners, affiliates and subsidiaries property and are subject to and protected by all relevant intellectual property laws and other proprietary rights (including copyright, trademark, and patent laws) and any other applicable laws. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. A limited and revocable license is granted to You to use the Site for the purpose of shopping online to shop among your favorite products and share shopping recommendations with others.
- Limitations on Liability
9.1 The Site and the Materials are provided on an “as is” and “as available” basis. All Materials contained in the Site are provided for informational purposes only.
9.2 You agree that IXCHNG is not responsible or liable for:
(i) the availability, accuracy timeliness, adequacy, commercial value or completeness of the Materials;
(ii) the security of any information transmitted by you or to you through the Site,
(iii) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
(iv) the content, hyperlinks, advertising or products or services on or available from third party Sellers sites or resources.
10. Terms of Shopping
You must register an Account (as detailed in Clause 4 and 5) on the Site in order to place an Order. You shall not misuse the Site by creating multiple user accounts.
10.2 Product and Product Information
“Product” means a product or service available for sale to Customer on the Site. Product information and prices are provided by Sellers and/or third-party sources. Whilst we endeavour to provide the accuracy of the product descriptions and prices displayed, there may be instances where errors may occur. Neither IXCHNG nor Seller warrants that such description is accurate, current or free from error. Kindly notify us of any information or pricing inaccuracies for our further action. In the event that Product you receive is of a fundamentally different nature from the Product as described on the Site and which you have ordered, Clause 10.8 of this Agreement shall apply.
Product(s) are sold by Seller. Seller may be referred to IXCHNG or a party other IXCHNG (“Third-Party Vendor”). Whether a particular Product is listed for sale on the Site by IXCHNG or Third-Party Vendor may be stated on the webpage listing that Product.
Product sold to you by Sellers will be governed by individual Customer Contract (see Clause 10.4 for more details). For products sold by Third Party Vendors, shall be agreements entered into directly and only between Third Party Vendor and You.
10.4 Orders and Formation of a Contract
10.4.1 You may place an Order by adding the Product into cart and clicking on the “Place Order” button. You are required to follow the online shopping process on the Site to submit an Order. You will receive an Order Confirmation which will act as an acknowledgement of your Order.
10.4.2 All Orders will be deemed to be irrevocable and unconditional upon transmission through the Site 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 10.7 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.
10.4.3 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. However, no Customer Contract in respect of any Products shall exist between You and Seller until the Products has been shipped to your address. An Order is only considered accepted by Seller upon your Order being shipped to the delivery address provided by you. A Customer Contract will relate only to those Products which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
10.4.4 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 Site in its absolute discretion. The Order Confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell.
10.4.5 If there is an error discovered in the price of any Products which you have ordered, we shall or on behalf of Seller, inform you of this as soon as possible. You shall be given the option of reconfirming your Order at the correct price or cancelling it. Sellers shall treat the Order as cancelled if we are unable to contact you. You shall receive a full refund. Sellers are under no obligation to fulfil your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us).
10.4.6 We or Seller reserve the right to withdraw any Products from the Site at any time and/or remove or edit any materials or content on the Site. Sellers always make the best efforts to process all Orders but there may be exceptional circumstances wherein, Seller may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion. If Sellers cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
10.4.7 Seller and We will not be liable to You or any other third party by reason of our withdrawing any Product from the Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.
10.5 Prices and Payment
10.5.1 Prices are subject to taxes and are in Singapore Dollars unless otherwise stated. Seller reserve the right to amend the Prices at any time without giving any reason or prior notice. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
10.5.2 When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order. You can pay using any of our payment method listed on the Site. You also can pay your Order using your User Wallet (see Clause 11 for more details).
10.5.3 All payments shall be made to IXCHNG, either accepting payment in its own right or as Seller’s agent (where Seller is a Third-Party Vendor). You acknowledge that IXCHNG is entitled to collect payments from you on behalf of Third Party Vendors.
10.5.4 To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. An order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by the card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
10.5.5 Upon authorisation of the payment, by clicking the “Place Order” button you are confirming that the card belongs to You or that You are the legitimate holder of the User Wallet Credits, and have sufficient funds or credit facilities to cover the cost of the Product(s).
10.5.6 You should carefully read the item detail page and review information such as price, shipping charges, etc. if any and terms and conditions for sales before purchasing an item. We take no responsibility and assume no liability for any loss or damages to You arising from shipping information and/or payer information entered by You or wrong remittance by You in connection with the payment for the items purchased.
10.5.7 We reserve the right to check whether a buyer is duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
10.6 Shipping and Delivery
10.6.1 Delivery of the Product shall be made to the address you specify in your Order. You are responsible for providing complete and accurate address information for the delivery of the Order.
10.6.2 We aim to deliver your Order at the place of delivery requested by you in your Order and the delivery time specified by us at the time of your order checkout. We shall notify you if we expect to be unable to meet the estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
10.6.3 Upon delivery of the Product, you are required to sign for delivery. You may drop us an email at email@example.com in case of any faults, defects or damage. You shall be able to provide the documents delivered with the Product, upon request.
10.6.4 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by You, might impact your ability to shop on IBAS in the future.
10.6.5 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the Product from the carrier, we may (without affecting any other right or remedy available to us) do either or both of the following:
(i) charge you for any fee and other costs reasonably incurred by us; or
(ii) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees).
10.7 Cancellation of Order
10.7.1 You may cancel your Order any time before the shipment, approval and authorisation of your payment, and/or sharing of your Product Link (see Clause 11 for more details). To cancel an Order, please click the “Cancel Order” button under the Order page. No cancellation fees apply. You cannot cancel your Order once:
(i) the product has been shipped, and/or
(ii) your payment has been authorized and approved, and/or
(iii) you had shared your Product Link.
10.7.2 Once shipped, payment approved and authorized and/or you shared the link, Your purchases will be subject to Return and Refund Policy (see Clause 10.8) rather than cancellation process.
10.8 Return and Refund Policy
10.8.1 All Product descriptions, information and materials posted on the Site are provided ‘as is’ and may with or without warranties express, implied or otherwise howsoever arising. Product image as seen on the Site may slightly differ from the actual Product that you receive. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
10.8.2 All products once sold are non-returnable and non-refundable. Seller is not obliged to agree to any return unless all such instructions are followed to Seller’s and IXCHNG’s satisfaction. You understand that You shall return the Product to us only if You receive:
(i) incorrect item which a product that is fundamentally different in nature from the Product specified in the Customer Contract; or
(ii) damaged product; or
(iii) faulty product.
10.8.3 You are required to return such Product to Seller within 14 calendar days of delivery. Please contact us by e-mail at firstname.lastname@example.org prior to returning your item by providing your Order number, your name and address, details of the Product and the reason for return. You shall entitle for replacement only of such Product subsequently You return it to us or Seller.
10.8.4 Upon receipt of the Product, Seller will examine it and we will advise you on your right to a replacement or refund (if any) via email as soon as practicable. A replacement or a refund shall be issued within 5 working days after we receive your item. Upon a replacement or refund being made as aforesaid, You shall have no further claim against Seller.
10.8.5 In order to entitle for a refund of a Product:
(i) The Product shall be un-used, unopened, and in new and resalable condition;
(ii) The Product tags shall not be tampered with;
(iii) The Product must have all original packaging, parts and accessories;
(iv) The Product must not be a food, custom product, sale product; or any products which fall under the list of non-refundable items provided on the Site.
10.8.6 You shall ensure that the Product is sent to us in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept returns and send the Product back to you.
10.8.7 The shipping costs of returns of Products falling within Clauses 10.8.2(i) – 10.8.2(iii) above from You to Seller shall be borne by the Seller. However, We are not responsible for items lost or damaged during return shipping.
10.8.8 In the event the Product returned is not faulty, the item will be shipped back to you at your cost and expense, and charge these to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
10.9.1 If You are the User or Buyer from the country other than Singapore, You are considered the importer of record and must comply with all laws and regulations of your country in which you are receiving the Product(s).
10.9.2 You should make sure that you can lawfully import the item into your country before purchasing the item. You may be subject to import duties and taxes, which are levied once a shipment reaches your country. In principle, additional charges for customs clearance must be borne by you if not specified otherwise in the item detail page explicitly; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country–please contact your local customs office for further information.
10.9.3 Your privacy is important to us, and we know you care how information about your order is used and shared. We would like our international buyers and sellers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs authorities. We or sellers may provide certain order, shipment, and product information–such as titles–to our or their international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require us or sellers to state the value of the purchased item directly on the package.
10.10 Product Warranty
10.10.1 The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Seller via the Site, under “Description” 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.
10.10.2 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 IXCHNG or Seller.
- Terms of IBAS Referral Rewards Program
11.1 Participation (Voluntary)
11.1.1 Your participation in IBAS Referral Rewards Program (“Referral Program”) is voluntary. You are entitled to participate the Referral Program so long You purchase any product from IBAS and is effective once You have shared the Product Link of the Product you purchased.
11.1.2 Either we or you may terminate your Rewards Program participation at any time, with or without cause, by giving the other party written notice of termination. Notice of termination may be given to you using the email address you provided during the registration process.
11.1.3 You are only eligible to accumulate Referral Rewards on sales occurring during the term of your Referral Program participation.
11.2 Modification and Termination
11.2.1 We may modify the terms of the Agreement and/or terminate the Referral Program at any time and by our sole discretion, by posting a change or termination notice on IBAS, a country-specific website, mobile website or mobile app. Modifications may include, for example, changes in the scope of available referral rewards, reward schedules, redemption procedures and applicable rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE APPLICABLE PROGRAM. YOUR CONTINUED PARTICIPATION IN THE APPLICABLE PROGRAM WILL CONSTITUTE BINDING ACCEPTANCE OF ANY CHANGES.
11.2.2 In the event of termination of the Referral Program by us, our obligation is to distribute Referral Rewards to you, in our sole discretion, either in the form of Rewards to be used towards IBAS purchases or credit to your PayPal account or bank account. Our obligation is limited to a maximum of three months of Referral Rewards, calculated based on your Referral Rewards for the month prior to the month in which the Referral Rewards Program is terminated.
11.2.3 We reserve the right to terminate any account if we deem the account is linked to fraudulent referrals, reviews, disputed purchases or credit card charges; spam (unsolicited email) and indiscriminate advertising, or intentional misuse of the Referral Rewards Program including, but not limited to, using more than one account.
11.3 Independent Evaluation
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL THE TERMS OF THIS AGREEMENT AND THE REFERRAL PROGRAM. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE REFERRAL PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
11.4 Product Link
“Product Link” is the link generated upon your purchases of any product or service available for sale to Customer on the Site. You will be given a Product Link for each Product purchased immediately upon an Order is placed.
11.5 Receiving Rewards
11.5.1 We appreciate the “word of mouth” advertising our customers provide and reward You for introducing your relatives and friends to IBAS. From time to time we may distribute Referral Rewards in the form of commission that may be used only on the Site, which we will send to you when there is a Qualifying Purchase from the link you shared when the all following conditions are fulfilled:
(i) a Customer clicks your link shared on social media or communication mediums to place an Order;
(ii) the Order has been accepted by Seller and has been delivered to that Customer, and a Customer Contract has been formed;
(iii) that Customer do not require any refund of the Products under such Customer Contract.
11.5.2 Each of successful completed Customer Contract fulfilling Clause 11.5.1 (“Qualifying Purchase’), You will be rewarded 5% or declared % shown of the Selling Price of the Product specified in such Customer Contract, up to 2 levels. We will track Qualifying Purchase for reporting, advertising, and fee accrual, and make those available to your reports.
WE RESERVE THE RIGHT TO TERMINATE THE REFERRAL REWARDS PROGRAM AT ANY TIME AND IN OUR SOLE DISCRETION.
11.6 Using Rewards
Referral Rewards can be used towards purchases on IBAS or can be redeemed for cash. In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a redemption of that wallet credit on the Site, we are entitled to close your Account and/or require a different means of payment.
No expiry on the Referrals Rewards either in the form of Cash Encashment and User Wallet. However, we reserve the right to terminate the Referral Rewards of any User, at any time and in our sole discretion, in the event if any user account is inactive more than 180 days.
11.6.1 Cash redemption
Conditions for the redemption of commission available by encashment:
(i) There is no specified period for the commission to be encashed.
(ii) The encashment request must be submitted through the Site by clicking “Encash Commission” button.
(iii) The minimum amount of encashment is SGD100.00. Therefore You are only entitled to redeem the Referral Rewards as cash upon accumulation of SGD100.00 of Commission Available for Redemption.
(iv) None of Referral Rewards or Commission does accrue interest.
(v) 5% of administrative charged will be applied, including payment gateway fee, if any, upon payment made to you through PayPal account or relevant payment gateway.
(vi) The processing period for encashment is 10 Working Days.
11.6.2 User Wallet
You can redeem the Referral Reward towards purchases on IBAS in the form of User Wallet. When you receive Referral Rewards, simply log into your IBAS account and shop as you normally would. Once you begin adding items to your shopping cart, you will see available Referral Rewards under User Wallet.
Conditions for the redemption of commission available towards purchases on IBAS in the form of User Wallet:
(i) No requirement on a specific threshold of rewards amounts to be redeemed using User Wallet.
(ii) Your User Wallet amount must be enough for You to pay the Final Total Amount of the cart in full.
(iii) If the credit of your User Wallet is insufficient for the Order you wish to make, you are required to make the payment using another of our accepted payment methods.
(iv) Any unused User Wallet amounts will be rolled over to next purchases.
(v) The credit of User Wallet does not accrue interest.
WE RESERVE THE RIGHT TO TERMINATE THE REWARDS PROGRAM AT ANY TIME AND IN OUR SOLE DISCRETION.
11.7 Promotional Activity
11.7.1 You may share your IBAS Reviews as well as your IBAS Product Link on a personal blog or any available social media accounts (e.g. Facebook, Twitter and Google+) subject to the terms and conditions of those accounts. However, your social media profile may not contain an avatar or any other content that could be interpreted as being managed by IBAS. Likewise, your blog, website or social media pages may not resemble the Site or include any content that could be on its own or in the aggregate be interpreted to indicate an affiliation with us, including, but not limited to, use of any trade name, trademark, trade dress, copyrighted material, or any similar protected content.
11.7.2 You may also email your IBAS Product Link or send a text message to friends and family. In doing so, you represent and warrant that you will not engage in and/or facilitate spamming, unsolicited commercial email or otherwise fail to comply with the laws of Singapore.
11.7.3 You may not purchase or use domain or subdomain names that include the word “ibuyandshare”, “IBAS”, “XCHNG” or certain variations and misspellings in any username, group name, or identifier on a social networking site. We don’t want to confuse the general public about which is the official IBAS website and IBAS mobile applications, so you may not create or utilize any client side application (browser plugin, extension, executable, etc, installable by the end user) on any device. Your app may not integrate and/or use our app in any way.
11.7.4 Your Promotional activity will not contain violent, defamatory, sexually explicit materials, or contain content suggesting or promoting illicit activity.
11.7.5 Additional Guidelines for Promotional Activity:
(i) Content will be used within the terms of the Agreement. You will not link any content to, or redirect traffic to sites other than IBAS – parts of your site that do not promote IBAS’s products may contain links to other sites.
(ii) Alterations of material, including additional information, or alteration of the meaning to become misleading is prohibited.
(iii) Items that are no longer advertised on IBAS will be promptly removed from your site.
(iv) Names or likenesses will not be used in a matter implying a person’s or company’s endorsement of or sponsorship of, or commercial associate (including placing unrelated materials in close proximity to content).
(v) You will not take any action that could reasonably cause any customer confusion as to our relationship with you.
(vi) You will not include on your site, display, or otherwise use Links or Content which contain or have a connection to malicious or harmful code, or any application not knowingly and expressly authorized by users prior to being downloaded.
(vii) You will not attempt to redirect or intercept traffic from any site participating in the program.
(viii) You will not incorporate IBAS into a web view or integrated web browser within a mobile application.
(ix) Transitional pages, popup and/or layered ads for promotional activity are not allowed.
(x) Artificially generating clicks or impressions to create Sessions on IBAS, whether by software or otherwise is prohibited.
(xi) You will not attempt to circumvent our current Rewards Payment Schedule or conditions.
11.8 Program Participation
By participating in the Referral Programs, you represent that you are at least 18 years of age. Any misuse of the Referral Program will result in immediate termination and forfeiture of all accumulated Rewards. Furthermore, accounts are not transferrable and are not eligible for perpetual succession. In the event of the passing of the account owner, the account will be closed. Eligible Rewards will be dispersed according to the current Terms of the Agreement.
11.9 No Warranty
THE REWARDS PROGRAM IS BEING PROVIDED TO YOU “AS IS”, WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITIONS. WE EXCLUDE ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH OTHERWISE MIGHT BE IMPLIED OR INCORPORATED INTO THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS INCLUDES BUT IS NOT LIMITED TO IMPLIED WARRANTIES AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
- Questions and Complaints
We shall perform our obligations under these Terms with reasonable skills and care. We place great value on our Customer satisfaction. You may contact us at any time using the contact details given in the “Contact Us” page on the Site. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the Sellers frequently must be involved, and as such, it may take longer to resolve such an enquiry or complaint. Should you not have received any response from us within 7 Calendar Days, please make further enquiries.
Any notice or communications given to you if: (i) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or (ii) sent by post at your last known address will be deemed to be received by you on the day following such posting. We may from time to time designate other acceptable modes of giving notices and the time or event by which such notice shall be deemed given. You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
- DISCLAIMER OF WARRANTIES
ALL MATERIALS, FEATURES, PRODUCTS, SERVICES, SOFTWARE, AND OTHER CONTENT MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE’ WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW IXCHNG DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEMS INTEGRATION. ACCESS AND/OR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.
- LIMITATION OF LIABILITIES
THE SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. TO THE EXTENT ALLOWED BY LAW, IXCHNG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE, INABILILTY TO USE THE SITE, ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARY MATERIALS MADE AVAILABLE ON, IN CONJUNTION WITH OR THROUGHT THE SITE, EVEN IF IBAS OR AN IBAS AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES.
THE USER SPECIFICALLY AGREES THAT IXCHNG SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. THE USER SPECIFICALLY AGREES THAT IXCHNG IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. THE USER SPECIFICALLY AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN THIS SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL IXCHNG BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MAXIMUM LIABILITY: NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS & CONDITIONS OF SALE, THE 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.
EXCLUSION OF LIABILITY: IXCHNG 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: (I) AMOUNTS DUE FROM OTHER USERS OF THE PLATFORM IN CONNECTION WITH THE PURCHASE OF ANY PRODUCT; (II) THE SALE OF THE PRODUCTS TO YOU, OR ITS USE OR RESALE BY YOU; AND (III) 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).
- Force Majeure
We shall not be liable to You for or be deemed to be in breach, hindrance or delay in the performance of a Contract attributable to any cause beyond IXCHNG’s or our subcontractor’s reasonable control, including without limitation:
(i) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
(ii) civil commotion, civil disturbance or requisition, riot, invasion, insurrection, sabotage, terrorist attack or threat of terrorist attack, war or threat or preparation for war;
(iii) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, shipping, postal or other relevant transport strikes, failure or accidents.
(iv) impossibility of the use of public or private telecommunications networks;
(v) power failure or breakdown in machinery.
(vi) acts, decrees, legislation, regulations bye-laws, restrictions, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
(vii) import or export regulations or embargoes; and
(viii) strikes, lock-outs or other industrial action.
In the circumstance that the Force Majeure event lasts for more than two weeks, either you or we may terminate the Contract forthwith by written notice and without any Liability other than a refund of a Product already paid for by you and not delivered. We may decide at our absolute discretion our option fully or partially suspend delivery/performance while such event or circumstances continue. We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
- Subcontracting and delegation
IXCHNG reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms and reserves the right to use any service providers, subcontractors and/or agents on such terms as IXCHNG deems appropriate.
Third Party Vendors shall be entitled to delegate and/or subcontract any rights or obligations under these Terms to us or any of our designated service providers, subcontractors and/or agents.
No failure or delay by the Sellers, IXCHNG or you in exercising any right under the Agreement shall constitute a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish seller’s, our or your rights under this Agreement or a Contract.
If any clause in the Agreement or a Contract shall become or shall be declared by any court of competent jurisdiction to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as the Agreement or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign rights or obligations under the Agreement or a Contract without our prior written consent. We may assign our rights under the Agreement or a Contract to any third party.
Nothing in the Agreement or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
- Third Party Rights
No person who is not a party to this Agreement or a Contract shall acquire any rights under it or be entitled to benefit from any of terms of this Agreement or a Contract even if that person has relied on any such term or has indicated to any party to this Agreement or that Contract its assent to any such term. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of the Agreement and a Contract.
- Governing Law
All dealings, correspondence and contacts between us shall be made or conducted in the English language. In the event that this Agreement is executed or translated into any language other than English (“Foreign Language Version”), the English language version of this Agreement shall govern and shall take precedence over the Foreign Language Version.
IXCHNG reserves the right to vary the Terms and Conditions set out in this Agreement at any time. All amendments to these Terms will be posted online. If Your continued use of the Site after the amendments, You will be deemed to have accepted such variation at the date You access the Site. You are responsible for reviewing the latest Terms and Conditions each time you use the Site.
- Binding and Conclusive
You acknowledge and agree that any records including telephone or any electronic communications, maintained by us or our service providers relating to or in connection with the Site 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 objects.
Version: October 2018