Terms & Conditions
- USER & MERCHANT CONDITIONS
The following describes the User & Merchant Terms and Conditions (the "User Conditions") on which Spoolster Group Pte Ltd offers you to access our services throughout the various sections of our website.
1.Violate any hosting country's laws, third party rights, or our policies clearly stipulated in our Prohibited and Restricted policies, when using any of our Section(s) to buy and sell products. (Prohibited & Restricted Items);
2.if you are under the age of 18 years old from the day after your last birthday, you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from our Website on the use of our site and services;
3.distribute or post spams, malware, spyware, chain letters, pyramid schemes or malicious software of any kind that may disrupt the proper functioning of our system, User's account or third party system;
4.manipulation of the price of any item and/or interference with other User's listings, pricing, products details etc;
5.bypass or circumvent our fee structure, the billing process, or fees owed to the Company by any means of manipulations;
6.circumventing any technology used by Spoolster.com, our licensors, or any third party engaged by the Company, to protect content accessible in our website;
7.post falsified, misleading, defamatory, inaccurate, libellous content, including but not limited to personal information;
8.transfer your account to another party without the Company's written consent;
9.providing your password to any other person or using another person's username and password;
10.take any manipulative actions that may undermine the feedback, messaging, ticketing or ratings of our systems or that of our User(s) / Merchant(s);
11.manipulating the Services by using a script, robot or other automated process to artificially increased reviews or transactions;
12.use existing accounts or create multiple new user accounts in order to bypass and/or avoid selling or buying limits, restrictions, boosting of sales volume or other policies regulated by the Company;
13.distribute viruses, robots or any other malicious technologies that may harm our Website, or the interests or property of the users/affiliates of the Company;
14.copy, modify, or distribute content from our Website and the infringement of the Company's copyrights and trademarks;
15.removing or altering any copyright, trademark or other intellectual property notices contained in or available throughout Website Services;
16.harvest or collect information about users/merchants, including email addresses, contact numbers etc, without their consent or knowledge;
17.post content(s) or items in an inappropriate category or in other sections, areas of our Website or services;
18.Copying, reproducing, "duplicating" or making use of the content available in Spoolster.com which is not expressly permitted under our User Conditions;
Violations of any of these policies may result in a range of actions, including :
1) Termination / Suspension of Account
2) Cancellation / Removal of Listing
3) Loss of limits for account privileges
4) Loss of Settlement Amount
5) Criminal charges, including but not limited to any pending liabilities against the Company and/or the claim(s) for damages and compensations
To keep our Website and services to be working properly and safe, please report any problems, offensive / malicious content(s), or any violation of policies to our legal administrator, via email : firstname.lastname@example.org.
COPYRIGHT & INTELLECTUAL PROPERTY POLICY
We, at Spoolster.com respect intellectual property rights and readily expect our Users to do the same. If you are the copyright holder, its agent of any material(s) that you believed is directly available via our Website, which has violated your copyrighted work, please contact us by email to : email@example.com with a notice of your alleged copyright infringement.
The notification to include as much details as possible to allow us to investigate and identify the facts, circumstances, copyright identification(s) as follows :
i) a detailed descriptions of your copyrighted materials, where can it be found on our Website (our URL : www.spoolster.com ),
ii) an electronic / physical signature of the Owner or its authorized person on behalf,
iii) the Owner's or authorized personnel's contact details - Name, Address, Contact Number, email address etc,
iv) a statement of the complainant(s) that the work(s) of the rightful Owner was not authorized to the accused to have the right to use the materials in good faith,
v) an absolute accurate information in the notification that the complaining party is the rightful Owner of the work(s) published in any of our Website.
We would also let you know that the Company has in placed a policy to terminate at the appropriate circumstances, the accounts of subscribers who are repeatedly infringers upon receival of numerous complains filed.
USERS GENERATED FREE CONTENT
At Spoolster.com, registered Users may post, upload and/or contribute ("Upload") free contents to our Website, materials include but not limited to - Pictures, Images, Text, Music, Playlist, Digital Compliations, Video, MPEG etc., (hereby termed as "User Content"). By posting/uploading, User are deemed that they have the right to post, represent or upload these User Content, or its use by the Company, as contemplated and indicated in this User Conditions, and does not in any way violate these rights on User Content or those of its rightful Owner, its applicable law, intellectual property rights of others. User(s) hereby grant the Company a non-exclusive, transferrable, sub-license, royalty free, world wide sub-license to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, and display these User Content that have been posted on or in the Website provided by the Company.
These license will be in effect until the User(s) terminate Spoolster Registered Account, except in certain cases that the User Content has/have been shared, published, made public and/or circulated to other users. Aside from the rights specifically stated and granted herein, the User will still retain the Ownership of all rights, including the intellectual property rights, trademarks, copyright, for the User Content that has/have been posted and/or uploaded in Spoolster.com website, except that, where it is applicable, under any Local Country law and regulations, the User(s) agreed to waive his/her right to be identified as the Owner/Author of the User Content on the Website services. User also agree to waive the right to object to any derogatory treatment of such User Content.
User may also post reviews, comments and other content ; submit suggestions, ideas, questions, or other information(s), so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings or any form of "spamming". User must not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a identification card or other content.
The Company does not monitor, review, or edit User Content, but reserves the right to remove, disable and/or terminate access to, including but not limited to, any User Content for whatever reason or no reason, that will be at the Company's sole discretion, upon violation of these Agreement without any prior need to notify any User(s). However, we do not promise to remove or disable access to any specific User Content nor do the Company endorse any opinion contained in these User Content.
THE USER SPECIFICALLY AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN THE WEBSITE - WWW.SPOOLSTER.COM BY ANY THIRD PARTY, AND THAT THE COMPANY ASSUMES NO LIABILITY FOR ANY CONTENT POSTED BY THE USER(S) OR ANY THIRD PARTY.
If you believe that any User Content has infringed your intellectual property rights, and/or does not comply with our User Guidelines (see above), and/or that your rights under your country applicable law have been otherwise infringed by any User Content, please contact our legal administrator via email : firstname.lastname@example.org.
Our Forum is moderated by volunteer moderators who will react only to members' feedback on posts. Moderators are not employees or representatives of our Forum Section. Forum members and moderators are responsible for their own posts.
However, Spoolster.com discourage any posting of racist, creating religious disharmony, defamatory, malicious remarks at other members / members of the public. Any lawsuit or legal claims due to such actions will not be held liable against Spoolster Group Pte Ltd, its Representatives or its Affiliates.
Except as explicitly stated otherwise, any legal notices shall served on Spoolster Group Pte Ltd via email : email@example.com (in the case of the Company) or to the email address User has provided during the registration process (in User case).
Notices shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, the Company may give User legal notice by mail to the address provided during the registration process.
In such case, notice shall be deemed given 3 days after the date of mailing unless otherwise required by law of the User's governing country.
TECHNOLOGY LIMITATIONS AND MODIFICATIONS
Our Website contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to the Company by our users or third parties. The Company will make reasonable efforts to keep Spoolster.com Services operational. However, due to certain technical difficulties or for our maintenance, from time to time, result in temporary interruptions.
The Company reserve the right, periodically and at any time, to modify or discontinue, temporary or permanently, certain functions and features available in the Website Services, with or without notice, all without liability to User(s) for any interruption, modification, or discontinuation of the Services or any function or feature thereof, except on those outstanding transaction(s) that have been duly fulfilled, pending or processed, and that Spoolster.com has data records of such transaction(s).
User agree that he/she will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.
Additionally, User also agree that he/she will not:
i) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Website without the prior expressed written permission of the Company and the appropriate third party, whenever as applicable;
iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
User understand and agree that the Company has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
TERM AND TERMINATION
OTHER BUSINESSES SECTIONS
Spoolster.com's Shop and Auction Section is a electronic marketplace provider and auction place for Buyers and Merchants to arrange transactions between Buyers and Merchants. The Company is only responsible to facilitates, operates and managing its Website and makes reasonable efforts in order to maintain the efficiency of its services. The Company does not involved in the actual transaction(s) between the Buyers and Merchants. The Company also has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of Merchants' content or listings, the ability of Buyers to pay for items, the ability of Merchants to sell items, or that either the Buyers or the Merchants will actually complete a transaction.
The Company do not transfer the legal ownership of items from the Merchant to the Buyer upon successful transaction(s). Unless the Buyer and Merchant agreed otherwise, the Buyer will become the item's lawful owner upon the physical receipt of the item from the Merchant.
However, the Company cannot guarantee continuous or secure access to our services, and that the operation of the Website may be interfered by numerous factors, both internal and external which is outside of our control. Accordingly, to the extent of legally permissible, we exclude all implied warranties, terms and conditions. The Company are not liable for any loss of monetary value, reputation, goodwill, or any special, indirect, or consequential damages arising out of the User's access use of the Website and Services.
In sections or links where Parties other than the Company operate stores, deals, provide services, sell products or list advertisement on this Website, and this site may be linked to sites of its affiliated companies and certain other companies. The Company is not responsible for examining or evaluating, and does not warrant the products of such business or individual or the content of their web sites. The Company does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. It is User(s) responsibility to carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
It is at Spoolster.com, that we endeavor to provide our best service that we can, however you understand and agree that OUR SERVICES IS PROVIDED "AS IS", WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. USERS USE THE COMPANY SERVICES AT THEIR OWN RISK. THE COMPANY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE COMPANY HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION(S) ON ITS WEBSITE. HOWEVER, THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION(S) PROVIDED IN THE WEBSITE.
The Company also does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Applications' content, Merchants' conduct, Users' Content, or any other product or service advertised or offered by third party on or through Spoolster.com Service or any hyperlinked website, or featured in any banner or other advertising medium within our Website.
Users fully understand and agree that any transaction between User and third-party providers of Third Party Applications or products or services advertised on or through the Spoolster.com, the Company is not responsible or liable for such transaction(s).
Users are advised to use their own judgement and exercise caution where appropriate during such transaction(s). Under no circumstances, will User claim that advice or information obtained from Spoolster.com, whether oral or in written, be considered as any warranty in this regard.
Users also understand, TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, ENGLISH TORT LAW, STRICT LIABILITY OR OTHERWISE, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE FROM :
I) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNATIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATE, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SPOOLSTER.COM SERVICE, THIRD PARTY APPLICATIONS, THEIR CONTENT, REGARDLESS OF ANY LEGAL THEORY, WITHOUT REGARD TO WHETHER THE COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;
II) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING SPOOLSTER.COM SERVICE, ITS THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATIONS' CONTENT MORE THAN THE TRANSACTED AMOUNT PAID BY YOU.
III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED THROUGH THIS WEBSITE.
IV) THE ACCURACY OF THE INFORMATION(S) OBTAINED FROM THE WEBSITE. IT IS USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION(S) PROVIDED.
However, nothing in these Terms & Conditions removes or limits the Company's liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence.
Merchants are encouraged to go through below rules and regulations before they start to post their products on Spoolster.com. By continuing to use and upload products for sale at Spoolster.com, you will be deemed to have agreed to the Terms & Conditions and these guidelines:
PAYMENT & PURCHASE
Under the below, the Company take no responsibility, and assume no liability for :
i) any loss or damages to a Buyer arising from shipping information and/or payer's information entered by the Buyer or ;
ii) wrong remittance by the Buyer in connection with the payment for the items purchased.
In respect to the above, the Company 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.
Upon receipt of the payment from the Buyer, the Company shall instruct the Merchant to take necessary actions for delivery and the Merchant should ship and enter delivery information including but not limit to :
i) the name of the delivery company ;
ii) the tracking number ;
iii) the shipped out date ;
iv) the estimated delivery date,
through to our Spoolster Accounts Manager (the "SAM") within 3 business days latest from the date of the delivery instruction. If the Merchant fails to do so, the Company may cancel the transaction and shall not be responsible or liable for any loss or damages to the Merchant due to such cancellation.
Merchants shall take all reasonable actions for Buyers to receive their purchased items within the time period specified by the Merchant on the item detail page. If a Merchant fails to deliver the purchased item within such period or the item was not received by the Buyer due to a reason not attributable to the Buyer (i.e. delivering to the wrong address), the Merchant shall bear all liabilities relating thereto.
If any transaction is cancelled due to a reason attributable to the Merchant (e.g. non-delivery of the purchased items), the Company may take actions against the Merchant and/or refund the monies paid to the Buyer for non-delivery of goods after a through investigation.
The Company may at its option provide overseas delivery service and other services related to delivery in association with third-party service providers.
CANCELLATION, RETURN AND REFUND
As in accordance to open market fair-play, CPFTA and Lemon Law; Buyers may cancel purchases at any time before shipment. Once shipped, purchases will be subject to return process rather than the cancellation process.
Buyers may request for return of purchased items at any time within 7 days from the date of receipt. With respect to return-related matters, relevant laws and regulations shall prevail over the terms and conditions suggested by Merchants.
Return costs shall be borne by the party attributable to the return request, such as:
- the buyer, where the return is due to his/her change of mind; and
- the Merchant, where the return is due to the defects in the item,
- delivery delay or delivery of the wrong or different item
Upon completion of the cancellation or the return process, the Company shall refund by immediately cancelling the credit card transaction authorization in case of payment by credit card or by depositing the amount paid by the Buyer in the Company's account in the case of payment is by cash. Buyers may at any time request to withdraw from the Spoolster account of the Buyer and the request amount shall be remitted to the Buyer's bank account within 3 business days.
MERCHANT ACTIVITIES AND PRICING
Merchants shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated through the Merchant own registered "Seller Account Dashboard", the Company's SAM and shall not post inaccurate information.
Any inaccuracy posted and verified by the Company's SAM will be the full responsibilities of the Merchants and Spooster.com will not be in any form liable to any losses due to such inaccuracies.
The price of items and add-on items for sale will be determined by the Merchant at his/her own discretion. Merchants may wish to take into consideration all relevant factors, including, without limitation Administrative Fees, Option Item Fees, Shipping Charge Fees and other service fees.
Also the settlement amount (before deducting other service fees therefrom) payable by a Buyer to a Merchant for a sale will be determined by the Merchant at his/her own discretion based on the price of the items and Administrative Fees.
The price of an item and Shipping Charge shall include the entire amount to be charged to Buyers such as sales tax, value-added tax, tariffs, etc. and Merchants shall not charge Buyers such amount additionally and separately.
Merchants agree that the Company may at its discretion engage in promotional activities for and on behalf of Merchants to induce transactions between Buyers and Merchants by reducing, discounting or refunding Administrative Fees and other service fees, through Spoolster reward points system, or in other ways. In no event, such adjustment of Administrative Fees and other service fees will affect the originally determined settlement amount payable to Merchants. The final price that Buyers will pay actually will be the price that such adjustment is applied to.
For the purpose of promoting the sales of the items listed by Merchants, the Company may post such items (at adjusted price) on third-party websites (such as other e-portal sites, price comparison sites and/or our affiliate websites) and other websites (domestic or foreign) operated by or linked to the Company.
Merchants shall issue receipts, credit card slips or tax invoices to Buyers upon request, if such issuance is required under the laws of Singapore or according to the country of our Representative offices, and Merchants agreed that the Company may issue such receipts or tax invoice under the name of the Merchant for and on behalf of the Merchant.
Joining Spoolster.com Website is free, we do not charge Buyers any fees for purchasing and/or bidding on listed items available in the Shop and Auction Section of the Website. And we do not charge Merchants and/or Sellers any insertion or listing fees.
The Company do however, charge Merchants fees for completed transactions such as Administrative Fees, Add-on Item Fees and Shipping Charge Fees and other service fees for marketing and promotion features. When Merchant list an item or use our service that has a published fees, Merchants have the opportunity to review and accept the fees that Merchant will be charged based on our Administrative Fees Guideline as below :
Bronze (Under USD 200.00)
Silver (USD 201.00~USD500.00)
Gold (Over USD501.00)
Commission percentage is based on Total Transaction Amount*.
*Total Transaction Amount = Selling Price + Option Fees + Shipping Fee
All service fees are subject to GST and other taxes by applicable laws and regulations and the Company will charge Merchants such GST and other taxes additionally.
Merchants agree that Administrative Fees and taxes may be paid by deducting from the purchase price paid by buyers. The Company shall issue receipts or tax invoices for any Administrative Fees paid by Merchants on a monthly basis.
Merchants shall submit personal/business identification information such as a copy of NRIC, passport or the certificate of incorporation and bank account information together with a document evidencing that the bank account is owned by and in the name of the Merchant within 2 weeks from the date of Merchant registration.
Merchants shall not claim against the Company for damages, including outstanding payment of settlement amounts, resulting from delay of submission of such identification and bank account information.
The amount payable by the Company to the Merchant for any transactions through our Website (the "Settlement Amount") will be calculated by subtracting all Administrative Fees from the amount paid by the buyers. The Settlement Amount shall be deposited into the Spoolster account of the Merchant in 2 weeks in principle after the date on which delivery is completed, together with Shipping Charge (after deducting Shipping Charge Fee), if any, paid by buyers. The Company may at its discretion curtail the term based on Merchant’s performance.
Merchants may at any time request to withdraw from the Spoolster account through the use of the Merchant's Seller Dashboard, and the request amount shall be remitted to the Merchant's bank account within 3 business days.
MERCHANT PAYMENT HOLDS
The Company may deduct from the Settlement Amount any expenses or loss to the Company due to Merchants. To protect against the risk of liability, payments of the Settlement Amount may be subject to holds at the Company's discretion.
NON-CONTRACTUAL PARTNERSHIP / AGENCY
No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created by this User Agreement nor between the Company and/with any Buyer or Merchant. Any Party(s) intend to seek any form of Partnership, Affiliation and/or Collaboration, please write to : firstname.lastname@example.org.
USER & MERCHANT CONDITIONS UPDATES
This User & Merchant Conditions is Updated on August 20, 2013.