Supplemental terms may apply to certain Services, such as policies for a particular event,program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular webpage on www.towme.com.sg) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Nothing in these Terms shall be construed as creating any agency, partnership or any form of joint venture with TOWME.
TOWME provides the platform, through mobile applications made available for download by TOWME to users and third party providers (“Applications”), for users to arrange and schedule towing, transportation and/or logistics services and/or to procure product and services, including with third party providers of such product or services under agreement with TOWME or TOWME's affiliates ("Third Party Providers").
You acknowledge that the Services made available by or assessed in connection with Third Party Providers are not within TOWME’s control. TOWME shall not be responsible or liable for any product or services and/or the acts and/or omissions of Third Party Providers. You acknowledge that different terms and conditions may apply for product and services provided by Third Party Providers.
TOWME shall not be a party of any dispute between you and other users and Third Party Providers. Decisions on whether to use the Applications, the Services and/or any product or services provided by Third Party Providers rest sole with and on you. You agree to waive and release TOWME from any and all liability, claims or damages arising from and in connection to your use of the Applications, the Services and/or any product or services provided by Third Party Providers.
Subject to your compliance with these Terms, TOWME and its licensor, where applicable,grants you a revocable, limited, non-exclusive, non-transferable license to use and access the Applications to use the Services. Any rights not expressly granted herein are reserved by TOWME and TOWME's licensors.
By using the Services, you represent, warrant, acknowledge or undertake that:
2. You must register for and maintain an active personal user Services account (“Account”);
3. Account registration requires you to submit your personal information as well as at least one valid payment method supported by TOWME. TOWME may request or require,including but not limited to proof of identity, permits, licenses or approvals or any other documents;
4. You agree that you possess the required driving license and insurance as per the requirements of your country of residence for the vehicle type that you have registered;
6. You will comply with all applicable laws when accessing or using the Services and only use the Applications and Services for their intended and lawful purposes;
7. You are responsible for all activities that occurs under your Account and you agree to keep your account password or any identification secure and confidential. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.TOWME shall not be liable for any loss, damage or liability arising from any unauthorized use of your account or any other breach of security;
8. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon,distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit,stream, broadcast or otherwise exploit the Services except as expressly permitted by TOWME; (iii) decompile, reverse engineer or disassemble the Services except as maybe permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v)cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; or (vii) license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Services in any way.
9. You will not use the Application and/or the Services to cause nuisance, inconvenience or behave in an inappropriate or disrespectful manner towards TOWME’s staff, employee or agent, Third Party Providers or any third party;
10. You agree to assist TOWME with any internal or external investigations as may be required by TOWME;
11. You acknowledge and agree that only one (1) account can be registered on one device;
12. You agree that the Service is provided on a reasonable effort basis;
13. All information provided shall be accurate when requesting for the Service. Third Party Provider is entitled to cancel your booking and you may be charged a Cancellation Fee,as per the Cancellation Policy in Section 9, if information provided is untrue, inaccurate;
14. You shall not contact the Third Party Provider for purposes other than the Service;
15. You shall not, whether intentionally or unintentionally, cause or attempt to cause damage to the Third Party Provider, their Vehicle, or your Vehicle;
16. You agree not to copy any content displayed through the Platform, including any third party product content and reviews, for republication in any format or media;
17. You agree that TOWME may at any time, without notice, modify, change suspend,interrupt or terminate the operation of or access to the Applications or Services. TOWME shall not be required to compensate you for any modification, change, suspension,interruption or termination of the Applications or Services.
18. The Services and all rights therein are and shall remain TOWME’s or its licensor’s property. Neither these Terms nor the use of Services grant you any rights: (i) in or related to the Services, unless specified herein; or (ii) to use or reference in any manner TOWME’s company names, logos, product and service names, trademarks or services marks or those of TOWME’s licensors.
19. For payment authorization purposes of the Service, you agree that TOWME is authorized to carry out verification procedures for the debit or credit card provided. Please refer to Payment & Taxes for more information.
20. In the event that you are doing a booking for another individual or party, and you are not the owner of said vehicle, you will bear the responsibility as per these Terms on behalf of the owner of the vehicle. You are to ensure that the owner of the vehicle possess the required licenses and insurance to operate said vehicle.
21. Usage of the app for the sole service of the TOWME Overseas Coupon will be governed by the terms and conditions laid out in the invoice receipt. The terms and conditions on the invoice will be deemed as the most update version and will be effective upon issuance.Please refer to your invoice for further clarifications.
TOWME’s collection and use of personal data in connection with the Services can be found at [https://www.towme.com.sg/privacypolicy].
You are responsible for obtaining the data network access necessary to use the Services.Telecommunicating charges, mobile network's data and messaging rates and fees may apply when accessing or using the Services from your device.
The Service, Platform and Application may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications including the device used by you or the Third Party Provider being faulty, not connected, out of range, switched off or not functioning. TOWME is not responsible to any such delays, information delivery failure, damages or losses resulting from such problems.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. TOWME does not guarantee that the Services, or any portion thereof, will function on any specific mobile devices or hardware as different models or versions of these devices may have firmware or settings that are not compatible with the Platform or part(s) thereof.
Payments for the Service shall be through one of the automated payment methods selected by you on the Application. In the event any payment for the Service is invalidated or unsuccessful, you shall be liable for the full charges for the Service plus any fees or charges,including but not limited to claims, charge backs, or reversal charges, that may be incurred.In the event that the Application is not able to process the automated payment method, a secure funds transfer service from your participating bank account is accepted as an alternative method. Any payment pursuant to such selection is non-refundable and irrevocable.
You are responsible to resolve any disputes with your debit or credit card company, or your bank in relation to payments issues. TOWME shall not be responsible for any such lost or misdirected payments.
You agree that these Terms are subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend TOWME to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
The Cancellation Fee pursuant to each country’s respective fee will be charged in the event that you decide to cancel your booking after the Third Party Provider has accepted the job for 5 minutes. This is to compensate our Third Party Providers for the time, petrol and effort that they took to reach your destination as quickly as possible. These fees will be directly deducted from your selected automated payment method on the platform. In the event that these fees are not deducted and paid for by you, TOWME reserves the rights to seek and collect payment by contacting you via the information that you have provided to us. If these fees are further not being settled, TOWME reserves the right to pause the usage of our Services by you till these fees are being paid for, or alternatively deactivate your account in the event of non-fulfilment.
If you feel you were incorrectly charged a Cancellation Fee, you may contact TOWME via our in-app Help Centre for assistance. You may also dial the number provided on our website to speak to an operator. TOWME reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card which you selected as the preferred mode of payment, or by such other method as is deemed reasonable by TOWME.
Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided. Every rating will be automatically logged onto TOWME’s system and tabulated.TOWME may take all the appropriate actions to analyse all ratings as deemed fit, including suspending your use of the Service without any notice or compensation to you. Any complaints between Third Party Providers and Users must be taken up with each other directly.
Users are invited to contact TOWME in the first instance in the event they wish to make a complaint about the use of the Service either via our in-app Help Centre, or via email email@example.com or via the Customer Service hotline at +65 9887 9899.
You agree to raise any complaints and disputes about incorrect Service within 48 hours after the transaction has been processed for the services completed, or of you becoming aware of the fraudulent usage of your debit or credit card, whichever is earlier.
You agree and allow TOWME to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service, Platform and/or advertising or marketing material supplied by third parties through the Service.
We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander,falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
The Services provided to you are strictly on an “as is” and “as available” basis. All conditions, representations and warranties, express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, not expressly set out in these Terms, are hereby disclaimed to the extent permissible by law.
By agreeing to these Terms and upon using the Service, you agree that you shall indemnify and hold TOWME, its licensors and each such party’s affiliates, officers, directors, members,employees, attorneys and agents harmless from and against any and all claims, costs,damages, losses, liabilities and expenses (including legal fees and costs) arising out of or in connection with: (a) your use of the Applications and Services in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners,advertisers and/or sponsors; (b) your violation or breach of any of these Terms, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein; (c) your violation of any rights of any third party, including Third Party Providers or Users when using the Services, and/or (d) your use or misuse of the Applications and Services.
TOWME makes no representation, warranty or guarantee to: (a) the reliability, timeliness,quality, suitability, availability, accuracy or completeness of the Applications and/or Services;(b) the use of the Applications and/or Services being secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software,system or data; (c) meeting your requirements or expectations; (d) any stored data to be accurate or reliable; or (e) the quality of any products, services, information or other materials purchased or obtained by you through the Application meeting your requirements or expectations.
You agree that you shall bear all risk arising out of your use of the Services provided by Third Party Providers and shall have no recourse to TOWME in respect of the same.
These Terms shall be governed by Singapore law.
Any disputes, actions, claims or causes of action arising out of or in connection with these Terms (“Disputes”) or the Services shall be negotiated in good faith and settled amicably. If Disputes cannot be settled amicably through ordinary negotiations, the Disputes shall be referred to the Singapore International Arbitration Centre (“SIAC”), pursuant to the Rules of the SIAC (the “Rules”). The number of arbitrator shall be one (1), whom shall be appointed by the mutual agreement between you and TOWME (the “Arbitrator”). If you and TOWME are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by you and TOWME, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
In no event shall any delay, failure or omission of TOWME in enforcing, exercising or pursuing any right, power, privilege, claim or remedy, which is conferred by or arising under these Terms shall be deemed to be or construed as a waiver of such right, power, privilege,claim or remedy.
These Terms constitutes the entire agreement between you and TOWME and supersedes and invalidates all other commitments, representations, promises, understandings and warranties.
Except for parties expressly stated, these Terms are not intended for the benefit of any third party and should not be enforceable by a third party under the Contracts (Rights of Third Parties) Act (Cap. 53B) or otherwise.
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