TERMS AND CONDITIONS (GLOBAL)
As of 16 July 2020
Through this website, and its mobile applications and microsites Data Lake Technology PTE LTD (SG) & P.T. Data Lake Technology (known as SmartCart”) its shareholders, principals, and affiliated companies, as well as their respective officers and employees (collectively, “SmartCart Group”) provide you access to software and services (collectively, the “Service” or “Services”) that allow you to earn rewards from uploading receipts, syncing your emails, taking part in activities in the application so you can obtain maximum benefits from your purchasing and in-app activities.
The Services allow us to collect data and other information related to your offline and e-commerce purchases for our market research and big data analysis purposes.
In these terms of service (the “Terms of Service” or “Agreement”), “Customer”, “user” or “you” means any person using the Services, whether by browsing SmartCart’s website, mobile application or microsite or benefiting from any other activities available through the Service.
These Terms of Service stipulates the terms and conditions applicable for the use of this website, and its mobile application and microsite on which SmartCart provides the Service to Customers.
READ THIS AGREEMENT CAREFULLY. BY USING THE SERVICES IN ANY FORM OR MANNER, OR BY REGISTERING ON THE SMARTCART APPLICATION & PLATFOOR, YOU ARE ENTERING INTO THIS AGREEMENT WITH SMARTCART AND AGREE TO COMPLY WITH ALL OF THE TERMS OF SERVICE HEREOF. THIS IS A LEGALLY BINDING AGREEMENT.
If you do not agree to these Terms of Services, you may not use the Service or this website, or download or use SmartCart’s application.
SmartCart Services to You
We authorize you, subject to these Terms of Services, to access and use SmartCart, solely for your personal use of the Services, and may not be used for any commercial or other purposes. This license is revocable at any time without notice and with or without cause.
Collection and Storage of Information
In order to use the Service, you must create an account and register with SmartCart (“Account”) – using Facebook Login or using your email address. If you register as a Customer or otherwise use the Service, you represent and warrant to the SmartCart Group that you are at least 18 years old and are of legal age to form a legally binding contract, and you undertake to SmartCart Group that (i) you will provide SmartCart with true, accurate, current, complete information and will update your information as necessary to maintain its truth, completeness and accuracy and (ii) your registration and your use of the Service involve an actual email address owned and operated by you and are not limited, restricted or prohibited by law.
SmartCart Group reserves the right to suspend or terminate your registration, or your access to the Services, in the event that you breach any term of this Agreement. You are responsible for your own registration and all use of the Service. You shall not share your password or use the Services through using the registration of any third party.
Your registration, your Account and your acceptance of the terms of this Agreement are personal to you, and not transferable by you to any third party without a prior written consent of SmartCart. You further undertake that you will create or use only one Account, and are entitled to the benefits of only one SmartCart membership when using the Service.
Any creation of an additional Account(s) shall be considered a breach of this Agreement; you may be required to pay fees and penalties to SmartCart as deemed appropriate by SmartCart and your SmartCart Account(s) may immediately be terminated.
By registering for the Service, you hereby agree to all fees and penalties that may be applied to your Account in the event any of SmartCart Group deems your use of the Service as a breach of this Agreement, or in any way against the intended purpose or interest of the Service.
You agree to pay liquidated damages and shall not contest such figure in any arbitration proceeding.
Proprietary Materials and Ownership
The Service and SmartCart’s website and mobile application are the property of SmartCart Group. Without limitation of the foregoing, all the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website other than certain features of the Service that may permit users to post content, including messages, reviews, photos, images, folders, data, text, and other types of work (collectively, the “User Content”), and all software embodied in the SmartCart’s website or mobile application or otherwise used by SmartCart to deliver the Service (“Software”), are properties owned by SmartCart, or to third parties (which shall be presented upon request) and are protected by copyright and other intellectual property laws.
By posting User Content on the Service, you grant the SmartCart Group the non-exclusive, worldwide, perpetual, royalty-free, assignable license to use the User Content, whether on the Services or otherwise.
Except as otherwise expressly permitted by this Agreement, any use, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or site content is prohibited.
You may be subject to criminal or civil penalties for violation of this paragraph. The marks “SmartCart” and its respective logo are registered or unregistered intellectual property rights of SmartCart Group and they may not be used in connection with any Service or products in any manner that is likely to cause confusion among anyone, or in any manner that disparages or discredits SmartCart Group.
The Service may also feature trademarks, service marks and logos of Clients and other third parties; and each owner retains all rights in such marks and logos.
Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
License to Use the Service
SmartCart provides the Service to you free of charge and provides you with Rewards and authorizes you to access, view and use the site content and Software (collectively, the “SmartCart Property”) solely to the extent necessary for you to use the Service.
You may not remove any copyright, trademark or other proprietary notices that have been placed on the SmartCart Property.
Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the SmartCart Property, or any portion of the SmartCart Property, is strictly prohibited without a prior written permission of SmartCart.
You agree that your use of the Service and the SmartCart Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties.
In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service, the SmartCart Property or your use of them, and that in using the Service you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Service.
You are responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access the Service, and for paying for such equipment and any telecommunications charges.
We are not liable for any loss or damages you suffer arising from damage to equipment used in connection with use of the Service.
The Service is provided for informational and Rewards purposes only. You understand that all information, data, text, messages, etc., that appear in your account (“Content”), whether gathered by SmartCart from receipts uploads, email receipts, surveys answers, or posted by you, are the sole responsibility of the person or entity from whom such Content originated. SmartCart does not guarantee the accuracy, integrity, or quality of any Content. Under no circumstances will SmartCart be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of SmartCart Service.
SmartCart and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, remove, prevent, or restrict access to the Service without further notice. SmartCart and its designees shall have the right to remove or prevent access to any or all Service that violates (or is alleged to violate) the Terms of Services or is otherwise objectionable.
You authorize SmartCart to access information maintained by identified third parties (e.g., the merchants that send you email receipts and related information, the log in information from third party), on your behalf as your agent. Solely to provide you the Services (for example, Rewards, receipt histories, etc.), you appoint SmartCart as your agent to access third-party websites (such as ecommerce websites, for example), retrieve, and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You acknowledge and agree that when SmartCart is accessing and retrieving information from third-party websites, SmartCart is acting as your agent, and not as the agent of or on behalf of the third party. You, or the third party licensor, retain all copyright, patent, and trademark rights to any of the information we access on your behalf. By authorizing SmartCart to access the information, you grant SmartCart a perpetual, irrevocable, world-wide, non-exclusive, sub-licensable, royalty-free, fully paid up, transferable license to reproduce, distribute, publicly display, create derivative works of, and otherwise use, modify, and exploit the information without compensation to you for the purposes of providing the Services. You waive any rights you may have regarding the information being altered or manipulated in any way that may be objectionable to you.
Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on SmartCart, in whole or in part, is strictly prohibited.
Terms of the Service
Through the use of the Services, you may obtain cash rebates, other cash rewards, points, coins, and/or other rewards that we offer you as a Customer (“Rewards”). A Reward account will be opened for you automatically on registration within the SmartCart application. Your Reward account status can be checked on-line at any time from within the SmartCart application.
You may only have one Account. Attempts by a single person to open multiple Accounts may result in suspension of all their Accounts and the revocation of Rewards.
Reward redemptions must be made within the SmartCart application. You may be asked to confirm and enter information about yourself and your household in order to redeem Rewards.
SmartCart Rewards, status and other Rewards will be rewarded as described within the SmartCart application.
If you have any questions related to your Rewards, Account or the SmartCart application, you may use the feedback feature within the application to contact us.
SmartCart Group reserves the right to change the Rewards and other redemption as it deems fit under any given circumstance and subject to a prior reasonable notice given to you.
All redemption requests will be processed within 7 (seven) calendar days after their submission.
SmartCart reserves the right to decide who may use the SmartCart application.
SmartCart may freeze or terminate your SmartCart Account if fraudulent activity in your use of the Services is suspected and/or if receipts submitted are not the direct result of your shopping activity. Specifically, you may NOT submit receipts resulting from shopping trips that you were not a part of or receipts that have been modified in any way. The freezing or termination of your SmartCart Account is at SmartCart’s sole discretion. SmartCart has no obligation to inform you of the specific reason for the freezing or termination of your SmartCart Account.
A bank account can only be registered under 1 (one) SmartCart Account. If a bank account number is found to be connected to more than 1 (one) SmartCart Account, this shall be considered to be a suspicious activity and further investigations may be carried out.
A phone number can only be registered under 1 (one) SmartCart Account. If a phone number is found to be connected to more than 1 (one) SmartCart Account, this shall be considered to be a suspicious activity and further investigations may be carried out.
Top-ups and Deductions on the Rewards
SmartCart reserves the right from time to make top-ups and deductions from the balance in a user’s account where it is necessary, reasonable, or expedient to do so. This includes (but is not limited to) situations where cashback has been incorrectly credited into a user’s account and/or where a user is found to have acted fraudulently, dishonestly, or in contravention of the terms of this Agreement.
You may redeem your rewards at any time subject to the terms and conditions of this Agreement or the specific conditions that relate to the individual entries in your account. In order to redeem your Rewards, you must maintain an active account and provide the minimum relevant information required to process the redemption (e.g. a valid bank account number or a Paypal account). For security purposes, redemption of cashback is limited to the following amounts for the twenty-four (24) hour period.
Nature of Rewards
For the avoidance of doubt, you do not gain any proprietary right over any monies or assets held by SmartCart when you earn Rewards in your account. The Rewards accrued in your account does not constitute monies held on trust by SmartCart for your benefit. Your rights and entitlements are solely limited to such personal or contractual rights of repayment as may arise out of this Agreement. SmartCart, may at anytime it deems best, or in compliance with existing laws and regulations, change, restrict, modify, or alter the nature and manner by which these Rewards may be availed of.
Inactive Accounts Policy
We encourage users to actively log in and use the app and their user account. So, make sure you take advantage of your account once you sign up.
Inactivity is based on actual use of the features of the app, including but not limited to: (a) uploading of receipts; (b) participation in surveys; and (c) participation in any in-app promotional activity. Please note that you may not be able to tell whether an account is currently inactive, as not all signs of account activity are publicly visible.
If you fail to use the app for a period of 6 months, your account will be deemed to be “inactive”. An email reminder will be sent to you before the account will be deleted. We will permanently delete your account and all data and rewards associated with it within 14 days from date of such reminder.
Raffles, Contests, Surveys & Other Bonus Activities
Raffles, contests, surveys, email syncing or other bonus activities (collectively, “Bonus Activities”) that may be offered via the Service may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Bonus Activities, and disclosures about how your personal information may be used.
It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Bonus Activities.
By participating in these Bonus Activities, you will be subject to those rules, and you agree to comply with and abide by such rules identified therein.
The rules are clearly stated within our FAQs, the Bonus Activities pages and/or the announcement page in the application.
ADDITIONAL TERMS AND CONDITIONS FOR COUPON
Earning Cashback through Coupon
Among services offered by SmartCart is the opportunity to earn cashback on purchases made at our various merchant partners through our various SmartCart Platforms. Creating and maintaining an account with SmartCart is required before a user can start earning cashback. Crediting of cashback is also subject to the various terms, conditions and requirements, express or implied, associated with the crediting of cashback in general or terms, condition and requirements associated with the individual promotions that would be applicable. These terms, conditions and requirements include but are not limited to:
Requiring the user to have cookies enabled throughout when accessing the SmartCart Platforms and subsequently the merchant partner’s website (if necessary); and
Not engaging in any fraudulent or dishonest conduct and/or abiding by the terms of this Agreement or any other terms and conditions stipulated by SmartCart or the applicable merchant partner;
In addition, certain purchases may be excluded from cashback. Cashback amounts and exclusions vary from merchant partner to merchant partner and individual promotions may contain specific exclusions. Please review the terms carefully. These exclusions are subject to change without notice, and SmartCart hereby disclaims any and all liability in connection with any incorrect information or failure to include information on the list of exclusions. Some examples of typical exclusions include (but are not limited to):
Different kind and amount of eligible reward provided based on the coupon, event, and activity.
Coupon cashback not being eligible when using duplicated receipts, fraud receipts, etc.
Cashback only being eligible as long as the coupon allocation is still available.
Merchant Partner Policies
You agree that we are not agents of any merchant partner and that the merchant partner operates independently and not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any merchant partner is solely between you and that merchant partner. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. SmartCart is not responsible for changes to, or discontinuance of any merchant partner from any of SmartCart’s platforms or the termination of any promotion offered by any merchant partner on any of SmartCart’s platforms, or for any effect on accrual of cashback caused by such changes, discontinuance, or withdrawal. SmartCart assumes no responsibility and shall not be liable for any content, product and/or services on the merchant’s platforms (including but not limited to the quality, merchantability or fitness of such products or services or that such content, product and/or services does not breach any laws or regulations).
Third Party Websites
Your information that is not Personal Information, such as receipts data, in application usage (“Non-Personal Information”), may be provided to or accessed by to third party services, including through use of an API or by linking your Account on SmartCart with an account on the third party service.
“Personal Information” refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
By using SmartCart Service, you agree that we may transfer such Non-personal Information, Content and other such information to the applicable third party service. The SmartCart website may contain links to third party websites.
The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links for your convenience only and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by SmartCart Group.
You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
Suggestions to SmartCart Group
SmartCart Group is pleased to hear from you and welcomes your comments about the Service. If you submit ideas or suggestions for the Service (“Service Comments”), the Service Comments will be deemed, and will remain, the sole property of SmartCart.
None of the Service Comments will be subject to any obligation of confidence on the part of SmartCart Group, and SmartCart Group will not be liable for any use or disclosure of any Service Comments.
Without limiting the foregoing, SmartCart will be entitled to unrestricted use and other exploitation of the Service Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Service Comments.
Warranty Exclusions and Limitations of Liability
SmartCart Group does not warrant that the Service or SmartCart Property will be error-free or without downtime. SmartCart may pause or interrupt the Service at any time, and users should expect periodic downtime for updates to the Service.
Because we do not control the security of the Internet, or other networks you use to access the microsite, SmartCart is not responsible for the security of information that you choose to communicate with SmartCart and the microsite while it is being transmitted. Additionally, SmartCart is not responsible for any data lost during transmission.
Customer’s sole and exclusive remedy, and SmartCart’s sole and exclusive liability, for any breach of this Agreement or for any other cause of action shall be (at SmartCart’s option) to remedy the failure or to give a credit to the Customer the amount owed as a Reward. (Individual Customer contracts with SmartCart may include remedy terms, which supersede those listed above.)
SMARTCART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, INCENTIVES AND SMARTCART PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR SMARTCART PROPERTY, AND, (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE SMARTCART PROPERTY.
No advice or information, whether oral or written, obtained by you from SmartCart or through the Service will create any warranty not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM SMARTCART ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR SMARTCART PROPERTY, EVEN IF SMARTCART HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SMARTCART’S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH THE SERVICE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE A CREDIT OF THE AMOUNT .
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
If a matter arises and cannot be resolved between you and SmartCart (Data Lake Technology Pte Ltd) after a reasonable effort, you agree that all such disagreements or disputes that in any way involves this Agreement shall be settled by arbitration in accordance with the rules of the Singapore International Arbitration Centre (“SIAC”), and will be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by SIAC.
You agree that the arbitration shall be held in Singapore or at any other location that is mutually agreed upon by you and SmartCart and shall be conducted in the English Language.
You agree that the arbitrator will apply the laws of the Republic of Singapore and will honor and agree to all applicable statutes of limitation.
You agree that, unless prohibited by law, there shall be no authority for any claims to be arbitrated on a class or representative basis, and arbitration will only decide a dispute between you and SmartCart.
Notwithstanding anything to the contrary, nothing in this Agreement shall prevent SmartCart from seeking injunctive relief, including specific performance, with the courts of Singapore to enforce such obligations.
If any part of this arbitration section is later deemed invalid by law, then the remaining portions of this section not deemed invalid shall remain in effect, with the exception of the class language referenced herein, in such case this entire section shall be deemed invalid.
Suspension, Modifications and Termination
SmartCart reserves the right to suspend your Account and/or access to the Service at any time if it believes you are in breach of this Agreement.
SmartCart reserves the right to terminate or modify this Agreement, terminate the Service or modify any features or aspects of the Service, or modify its policies at any time, with or without notice to you. Any such termination will not affect any Rewards you have earned prior to termination.
If you earn a Reward or use the Service, you shall be bound by the version of the Agreement in effect at the time of your purchase. If we make changes to the Agreement, we will post a notice of the change on the SmartCart website and/or the SmartCart mobile application. Your continued use of the Services after the amendment of the Agreement shall constitute your acceptance of the revised Agreement.
It is your responsibility to review the current version of this Agreement and other published SmartCart policies before using the Service.
Neither party shall be liable for any failure to comply with this Agreement to the extent caused by a condition that if beyond reasonable control (for example: natural disaster, act of war or terrorism, riot, labor condition, government action, and Internet disturbance) that is beyond the party’s control.
Third Party Beneficiaries
The provisions of this Agreement are entered into for the benefit of SmartCart and its third party licensors and each of them shall have the right to enforce such provisions of this Agreement directly against you to protect their interests. Except as stated in the preceding sentence, the Contracts (Rights of Third Parties) Act (Cap. 53B) shall not apply to this Agreement.
No delay or omission by SmartCart in exercising any of its rights occurring upon any non-compliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by SmartCart of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.
As used in this Agreement, “including” means “including but not limited to” and the term “partner” is used solely to denote any person, an individual or entity with whom SmartCart has a contractual arrangement.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then the remaining provisions of this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and SmartCart regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. This Agreement may be executed electronically, and your electronic assent or use of the Service shall constitute execution of this Agreement.
You agree that the electronic text of this Agreement constitutes in writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect.
You agree to act in a way that complies with the letter and spirit of this Agreement, and you understand that failure to do so can result in your immediate deletion of your SmartCart Account.
Any disputes arising out of or related to this Agreement shall be governed by the laws of the Republic of Singapore.