SIFT & PICK
1. TERMS OF SERVICE
1.1. Please read these terms and conditions (the “ Terms of Service”) set forth below carefully as they apply to and govern :
a. your access and use of our site and/ or applications (referred to as the “Platform”);
b. any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Platform (collectively the “ Content”).
c. our marketing communications with you (which include email notifications); and
d. the sales of Products (as defined below) through the Platform;
(each a “Service” and collectively the “ Services”).
1.2. Your access to and use of the Services signifies your acceptance of these Terms of Service and your agreement to be bound by them (including any and all other applicable terms referenced herein absolutely).If you do not accept our Terms of Service, please discontinue your access and/or use of our Services immediately.
1.3. By accessing and/or using the Services, you represent and warrant:
a. that you are 18 years old or above and have the legal capacity to enter into and form binding contracts under applicable law; and
b. that your utilisation of our Services or Platform does not contravene any applicable laws.
1.4. In these Terms of Service, “Product” means any goods listed on the Platform by individual merchants (“Sellers”) that you can order on the Platform.
1.5. E-concierge Pte. Ltd. (“we”, “us” or “Sift & Pick”) reserves the right to revise these Terms of Service, as well as any guidelines, notices, operating rules and instructions, at our sole discretion from time to time. The updated Terms of Service shall be posted on the Platform from time to time and such posting shall constitute sufficient notice of such modifications or variations thereof and shall take effect on the date of the posting on the Platform. It is your responsibility to check this page periodically for changes to the Terms of Service.
2. PRIVACY
2.1. These Terms of Service includes the additional terms in our privacy policy which can be found athttps://siftandpick.com/privacy-policy(the “Privacy Policy”) and which will apply to your use of our Services.
2.2. By using our Services you:
a. warrant that all information (including Personal Data) provided by you is accurate and complete; and
b. acknowledge and agree that through your use of the Services, you consent to the collection, use, processing and disclosure of your information (including your Personal Data), as well as the transfer of this information both within and outside of Singapore for storage, processing, and use by us, in accordance with the Privacy Policy.
“Personal Data”means data, whether true or not, about an individual who can be identified from that data or from that data and other information about the individual which we may have (which may include name, contact information such email address, billing address, shipping address, telephone number and any other information that an individual may have provided to us when placing an order (“Order”) for the Product(s)).
2.3. Save as otherwise provided for in our Privacy Policy, your access and use of our Services, as well as the registration of your Sift & Pick account (“Account”) shall constitute your consent to the receipt of communications in relation to the administration of the Services and Platform. For all other communications, such as marketing, informational and promotional emails, you may provide your consent to such communications by indicating in the opt-in tick box provided on our electronic form during Account registration.
3. USE OF THE SERVICES AND/OR ACCESS TO PLATFORM
3.1. You agree and undertake:
a. to be legally bound by these Terms of Service;
b. to use the Services and/or access the Platform only for lawful purposes and in a lawful manner at all times;
c. to comply with any and all guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services, including any amendments to the aforementioned, issued by us from time to time;
d. that all information (including Personal Data) provided by you on the Platform is accurate and complete and you agree to take full and sole responsibility for such information;
e. not to impersonate any person or entity or falsely state or misrepresent your affiliations to such other persons or entities;
f. not to attempt to gain unauthorised access to or otherwise interfere or disrupt the computer networks and systems connected to the Platform; and
g. not to use or upload any malicious codes, viruses and the like which may impair, damage or corrupt the Platform’s data or otherwise interfere with another users’ utilisation and enjoyment of the Platform or Services.
3.2. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to refuse any Order, to merge, suspend or terminate any Accounts, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
a. satisfy any applicable law, regulation, legal process, or court order;
b. enforce the Terms of Service, including investigation of potential violations hereof;
c. detect, prevent, or otherwise address fraud, security, or technical issues;
d. respond to user support requests; or
e. protect the rights, property, or safety of Sift & Pick, its users, and the public.
3.3. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes, and platform in order to access the Platform and providing your own virus protection software. We will not be responsible or liable to you for any bugs or virus, which may be transmitted from our Platform to your computer system.
3.4. In addition to Clause 3.1 above, you shall not do any of the following while accessing or using the Services:
a. access, tamper with, or use non-public areas of the Platform, Sift & Pick’s computer systems, or the technical delivery systems of Sift & Pick’s providers;
b. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
c. access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions). In particular, any scraping or attempt to scrape the Platform without our prior consent is expressly prohibited;
d. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or
e. interfere with, or disrupt, or attempt to so interfere with or disrupt, the access of any user, host, or network, including, without limitation, sending a virus, Trojan, worm, logic bomb, or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
3.5. In the event of your breach of the obligations under this Clause 3, we reserve the right to report such breaches to the relevant law enforcement authorities, including disclosing your identity to them. We also reserve the right to suspend and/or terminate your Account and your use of our Services immediately.
4. CONTENTS OF THE SERVICES AND CHANGES TO THE SERVICES
4.1. You acknowledge that Sift & Pick, is only providing the Services as a forum for buyers (you) and Sellers and that Sift & Pick does not endorse the views, values or opinion of any Content posted by the Sellers on the Platform. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or, in some cases, postings that have been mislabelled or are otherwise deceptive. Such Content may contain factual or technical inaccuracies or typographical errors. We expressly exclude all liability howsoever arising, to the fullest extent permitted by law, arising from such inaccuracies or errors. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is solely at your own risk.
4.2. The form and nature of the Services may change from time to time without prior notice to you. You acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally without providing you with prior notice.
4.3. We make no representations, warranties, or guarantees, whether express or implied, as to the accuracy, completeness, reliability, timeliness, title, non-infringement or suitability for any and all of our Services and Content on the Platform.
5. ACCESS AND USE OF THE SERVICES
Security – Account Login and Password
5.1. To utilise certain Services and to purchase a Product, you will be required to create a Login ID and password for your Account with Sift & Pick. You are encouraged to use strong alphanumeric password (passwords which consists of lowercase letters, uppercase letters, numerals, and special characters (@, #, &, etc…) for your Account. It is your responsibility to provide accurate, complete, and up to date information for your Account.
5.2. You shall not misuse the Services by creating multiple user Accounts.
5.3. You shall be solely responsible for protecting and safeguarding the confidentiality of your Login ID and password and you shall not share them with, or transfer them to any third party. You shall be solely responsible for any activities or actions conducted via your Account and any use and access to the Services via your Account shall be deemed to be used and accessed by you or on your behalf and you undertake that you shall be fully responsible in respect of such use and access. You are also responsible for ensuring that all persons who access our Services through your Account are aware of these Terms of Service and other applicable terms and conditions and that they comply with them.
5.4. Any loss incurred or sustained by you by reason of you transmitting payment information over the Platform through your Account shall be borne solely and exclusively by you and in no event shall any such loss (whether in whole or in part) be borne by Sift & Pick.
5.5. If you are using a public computer, you shall ensure that you sign out from your Account once you have completed your use of the Services. If you know or suspect that your Login ID and/or your password has been compromised, you must promptly notify us at support@siftandpick.com.
5.6. Sift & Pick shall not be liable for any loss or damage arising from your failure to comply with the security requirements above.
5.7. We reserve the right to, at any time, at our sole discretion and without providing a reason, deactivate or disable your Account, if we are of the opinion that you have failed to comply with any of the security requirements above and/or the provisions of these Terms of Service.
5.8. If wrongful or fraudulent use of an Account is suspected or discovered by Sift & Pick, we reserve the right at our sole discretion, without liability and prejudice to our other rights and remedies under these Terms of Service or at law, to immediately
a. refuse or cancel an Order made through the Account;
b. prohibit the Account owner or other person from accessing and using the Services or participating in any promotion by Sift & Pick; and/or
c. merge, suspend, and/or terminate Account(s).
Availability
5.9. You are responsible for making all arrangements necessary for you to have access to our Services.
5.10. We do not guarantee that our Services or any Content will always be available or be uninterrupted and we may suspend, withdraw, discontinue, or change all or any part of our Services at our own discretion without any prior notice. We will not be liable to you for any reason should our Services be unavailable at any time or for any given period.
6. PLACEMENT OF ORDERS FOR A PRODUCT
6.1. Sift & Pick is an e-commerce marketplace. When you make an Order for a Product on the Platform, you are contracting directly with the individual Sellers for purchase of the relevant Product from the Platform.
6.2. If you wish to place an Order for Product(s), you may do so via your Account.
6.3. Goods may be selected for order by navigating to the relevant Product description page on the Platform and clicking “Add to Cart”. Orders may be made by proceeding to “Checkout” and making the necessary payment for the selected items via the payment methods provided. After submitting an Order, you will receive an order acknowledgement (“Order Acknowledgement”) that will act as an acknowledgement that your Order has been submitted to the relevant Seller for processing. You may not withdraw or cancel an Order once it has been made.
6.4. An Order is only considered accepted by the Seller upon the relevant Product being dispatched and shipped to the address provided by you, as evidenced by a delivery confirmation notification that you will receive ( “Shipment Notification”). In the event of a rejection of the Order due to non-compliance with the conditions stipulated, unavailability of the Product, inability to process payment or otherwise, you will receive a notification for the cancellation of your Order and a refund of your payment will be initiated in accordance with our prevailing refund policy prevailing at such time.
6.5. Sift & Pick reserves the right to withdraw any Products from the Platform at any time.
7. PRODUCT INFORMATION, PRICE, AND PAYMENT
7.1. The prices payable for each of the Products shall be specified on the relevant Product description page. Prices of Products listed on the Platform are exclusive of goods and services tax (GST), import duties, other taxes, where applicable, as the case may be, and delivery/shipping fee. The final price of the Product (inclusive of all such applicable add-ons) will be displayed and included in the Order summary page prior to you submitting your Order.
7.2. You may only make payment for your Orders by credit card (Visa and MasterCard only), or any other payment methods specified by us from time to time.
7.3. Whilst we will in good faith aim to provide you with accurate and up-to-date images, details, descriptions, prices, and promotional information about the Platform, Products and Services, these may be subject to change and there may be instances where errors and differences may occur. Sift & Pick will not be liable for any errors or differences in the images, details, descriptions, functionality, prices, and promotional information listed through our Services.
7.4. Should there be an error in the listed price of a Product on the Platform, neither the Sellers nor Sift & Pick shall be under any obligation to fulfil such an Order (even after an Order Acknowledgement has been sent by us). If we discover an error in the price of any Products which you have ordered, we will notify you and give you the option of reconfirming your Order for such Product at the correct price or cancelling the Order. By reconfirming your Order for such Product at the corrected price, you authorise us to charge the additional amounts to you. Should you cancel your Order for such Product at the corrected price, or if we are unable to contact you or if we do not hear from you within 7 days from our notification, we will treat the Order for such Product as cancelled and we will initiate a payment refund in accordance with our prevailing refund policy prevailing at such time.
7.5. By placing your Order, you authorise us to transmit information to or obtain information about you from third parties (such as, but not limited to banks and financial institutions) from time to time and this may include requesting pre-authorisation on your credit card to ensure there are sufficient funds available to complete the transaction, authentication of your identity, validation checks on your credit card by the issuing bank, so as to protect against fraud and to enable delivery of your Order. By placing your Order, you warrant, represent and confirm that the credit card belongs to you and have sufficient funds or credit facilities to cover the cost of the Order.
8. REFUSAL OF ORDER
8.1. Whilst we will take all reasonable efforts to process all Orders, there may be exceptional circumstances where we may need to refuse to process an Order even after an Order Acknowledgement has been sent to you, and we reserve the right to do so at our sole discretion.
8.2. If we refuse or cancel your Order for any reason and you have already made payment for your Order, we will refund to you your payment amount in accordance with our prevailing refund policy at such time.
9. DELIVERY
9.1. We will aim to deliver the Product to you at your specified place of delivery specified in your Order as soon as reasonably practicable following the Order Acknowledgement and Shipment Notification.
9.2. Shipping charges shall be as set out in the Order. Once the Shipping Notification is emailed to you, you may track your order via the tracking link provided in the notification email. Otherwise, you can access your specific orders under ‘Track Orders’ page of your Sift & Pick Account on the Platform.
9.3. You acknowledge that delivery of the Products is subject to its availability. The Seller will take every reasonable effort to deliver the Product to you within the estimated delivery timeframe stated on the individual Product Listing page, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances, a Product will become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed, the Seller will inform you accordingly via e-mail and your Product shall be dispatched as soon as it becomes available to Seller. The time of delivery shall not be of the essence, and neither Sift & Pick nor the Seller shall not be liable for any delay in delivery howsoever caused.
9.4. In the event you do not receive the Product by the estimated delivery date and provided that you have notified the Seller within 3 working days from such estimated delivery date regarding the failure in delivery of the Products, the Seller will undertake reasonable endeavours to locate and deliver the Product to you as soon as reasonably practicable. If the Seller does not hear from you within 3 working days from such estimated delivery date, you shall be deemed to have received the Product.
9.5. If there is a delay in delivery of the Products, Sift & Pick may as a matter of goodwill (at its sole discretion) offer a promotion discount code to you. Upon your acceptance/usage of the promotion discount code, you shall have no further claim against Seller or us for any loss as a result of the delay in the shipping.
9.6. If you fail to take delivery of the Products, then may terminate the Order without liability to you and without prejudice to any right or remedy available to us.
9.7. Sift & Pick is unable to amend and/ or combine separate Orders after it is placed. It is your responsibility to check the Order details before confirming the Order.
9.8. Products may be delivered at different timings and in separate shipments based on Product availability, notwithstanding that the Products were ordered under a single Order.
9.9. Upon the issuance of a Shipping Notification, all risk relating to the Product shall be borne by you. Sift & Pick shall not be responsible for Products lost during delivery.
10. CUSTOMS AND DUTIES
10.1. For shipment of Products to a destination other than Singapore, you shall be deemed as the importer on record and you shall ensure that you have obtained all necessary licences and/or permits to import the Product into the country of destination before purchasing the Product. You shall be responsible for all applicable import regulations, tariffs, levies and taxes (“Import Fees’’) charged on the applicable Products in your Order that are bound for shipment to countries outside of Singapore.
10.2. By placing your Order, you authorise us and/or the Sellers, to designate a shipping carrier (“Designated Carrier’’) to act as your agent vis a vis the relevant customs and taxes authorities in the destination country of shipment, and to pay on your behalf, the Import Fees.
10.3. Once the Import Fees have been paid to the relevant customs and taxes authorities, no request for a refund will be entertained.
10.4. Sellers participating in Sift & Pick’s International Shipping Program may have their own respective shipment policies (“ Seller’s Shipping Policy”) that differ from these Terms of Service. By purchasing the Products, you shall be deemed to have accepted and agreed to the Seller’s Shipping Policy for any additional terms which may be applicable to the Order. In the event of inconsistency between these Terms of Service and the Seller’s Shipping Policy relating to international shipping, the Seller’s Shipping Policy shall prevail insofar to the extent of such inconsistency.
10.5. For products shipped internationally, you acknowledge that information about your Order (including the details and the monetary value of the Products) may be shared by us and/or the Sellers with custom authorities to facilitate custom clearance and to ensure compliance with local laws. Further, you acknowledge and agree that all shipments packages are subject to custom inspection (and may be opened) by customs and postal authorities.
11. RETURNS AND REFUNDS
11.1. You agree to abide by the return and refund policy of the respective Seller whom you have submitted your Order to for the purchase of the Products (“Seller’s Return Policy”). The Seller’s Return policy may be found on the Sellers’ Product listing page on the Platform.
11.2. You agree to contact the respective Seller directly should you wish to submit a return or refund application in accordance with the Seller’s Return Policy. Whilst Sift & Pick will use reasonable endeavors to ensure that all Sellers abide by their own Seller’s Return Policy, in no event shall Sift & Pick be held liable for the Seller’s failure to adhere to their Seller’s Return Policy or for any unsuccessful completion of your return or refund application.
11.3. In the event of any dispute between the Seller and you in connection with your return and/or refund application, Sift & Pick will act as the mediator to the dispute and you agree to abide by our adjudication of the matter.
11.4. All refunds shall be processed through the original payment method made during the Order. In the event of an unsuccessful reversal of payment, we will contact you via your contact details specified in your Order for an alternative method for refund.
11.5. You may only request for a return and/or refund of a Product within 7 days from the date of purchase only if a wrong Product had been delivered or if the delivered Product is found to be defective.
12. YOUR LICENCE TO USE THE SERVICES
12.1. Sift & Pick grants you a revocable, personal, worldwide, royalty-free, non-assignable, and non-exclusive limited licence to use the Platform solely for the purpose of enabling you to utilise the Services and use and enjoy the benefit of the Platform as provided by Sift & Pick and is subject to these Terms of Service.
13. OUR INTELLECTUAL PROPERTY RIGHTS
13.1. All intellectual property rights subsisting in respect of the Services belong to Sift & Pick or have been lawfully licensed to Sift & Pick for use in connection with the Services. All rights under applicable laws are hereby reserved. You agree not to upload, post, publish, reproduce, transmit, or distribute in any way, any component of the Platform, the Content, or any access to the Service, or create derivative works with respect thereto, except with the prior written consent of Sift & Pick or unless expressly permitted in these Terms of Service. Our Platform, the Content, and the Services are protected under applicable intellectual property laws.
13.2. You agree that we are free to use, disclose, adopt, and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments, and other communications and information provided by you to us (referred to as the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby agree to waive all and any rights and claims for any consideration, fees, royalties, charges, and/or other payments in relation to our use, disclosure, adoption, and/or modification of any or all of your Feedback.
14. INFRINGEMENT OF THIRD PARTIES INTELLECTUAL PROPERTY RIGHTS
14.1. Sift & Pick is committed to upholding applicable intellectual property laws. All users of the Services shall at all times, comply with all applicable intellectual property laws and regulations (including not reproducing, copying or using content created or owned by a third party without their express permission).
14.2. Should you reasonably believe that your Content has been copied in a way that constitutes an infringement of your copyright, please provide us with the following information: (i) a physical or electronic authorisation of the copyright owner or a person authorised to act on his behalf; (ii) identification of the copyright protected work alleged to have been infringed; (iii) identification of the material that is alleged to be infringing the copyright protected work and that is to be removed or access to which is to be disabled, and all information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, your telephone number, and an email address; (v) a statement by you stating that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or under applicable law; (vi) a statement that the information in the notification is accurate and that you are authorised to act on behalf of the copyright owner; and (vii) a letter of indemnity granted in favour of Sift & Pick (in the event that we remove any alleged infringing Content from the Platform). We will respond to notices of alleged copyright infringements that are properly provided to us in accordance with the directions above in accordance with applicable law. Please submit all notices of alleged copyright infringement appearing on the Services to us at 60 Airport Boulevard, #046-037 Changi Airport Terminal 2 Singapore 819643.
14.3. We reserve the right to remove any Content alleged to be infringing without prior notice, at our sole discretion, and without liability to us. We reserve our legal rights against any party who, through the use of the Services or our Platform, infringe the intellectual property rights of others.
15. LIMITED LIABILITY AND WARRANTY
15.1. Please read this section carefully as it pertains to the limitation of liability of Sift & Pick and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Sift & Pick Entities”). Each of the sub-clauses below only applies up to the maximum extent permitted under applicable law.
15.2. The Platform and the Services are provided to you on an “as is”, “as available” basis. Your access to and use of the Platform and the Services is entirely at your own risk. The Platform and the Services are for your own personal use only and the Sift & Pick Entities make no representation or warranty of any kind, whether express or implied, including and without limitation, any warranties on merchantability or fitness for any particular purpose. We do not endorse, warrant or guarantee any material, Product and services offered by the Sellers through our Platform.
15.3. You hereby agree that all warranties, conditions and/ or terms relating to merchantability, fitness for purpose, quality and/ or condition of the Products, whether express or implied, by statute (including without limitation, the Sale of Goods Act (Cap. 393 of Singapore) and the Consumer Fair Trade Act (Cap. 52A of Singapore)) or common law or otherwise, are excluded to the fullest extent permitted by law.
15.4. Without prejudice to clauses 15.2 and 15.3, in no event will the aggregate liability of the Sift & Pick Entities exceed one hundred Singapore dollars (S$100).
15.5. The Sift & Pick Entities do not guarantee that:
a. the information presented on the Platform is accurate, adequate, current, or reliable, or may be used for any purpose other than for general reference;
b. the Platform is free of defect, error or virus, which may change, erase, add to, or damage your software, data or equipment;
c. messages sent through the Platform will be free from interception, corruption, error, delay, or loss;
d. access to the Platform or the Services will be available or uninterrupted;
e. use of the Products and/or Services will achieve any particular result; or
f. defects on the Platform or the Services will be corrected in a timely manner.
15.6. Without limiting the generality of the foregoing, and to the fullest extent permitted by law, Sift & Pick Entities will not be liable to you or any other person for any direct, indirect, or consequential losses, loss of profit or business, arising in connection with your use, or inability to use, the Platform, the Services and/or the Products, even if any of the Sift & Pick Entities has been advised of the possibility of such loss or damage.
15.7. You shall rely solely on your own skill and judgment in your use and interpretation of the information on the Platform and the use of the Services and/or Products. You are responsible in ensuring that your use of the Platform, the Services and/or the Products, complies with all applicable law.
16. LINKING TO US
16.1. You may only provide hyperlinks to our Platform if it is done legally and only if doing so will not damage our reputation. You must not establish any hyperlinks in such a manner so as to suggest any form of association, approval, or endorsement on our part where none exists. You agree to indemnify us for any loss or damage that may arise from you providing hyperlinks to our Platform.
17. THIRD-PARTY HYPERLINKS AND RESOURCES ON THE PLATFORM
17.1. For your convenience, we may include on our Platform or from the provision of the Services, hyperlinks to other websites or content on the Internet that are owned and operated by third parties. Any hyperlinks to such websites are not an endorsement or verification of such website or the contents contained therein and you agree that your access to or use of such linked websites are at your own risk. You acknowledge and agree that Sift & Pick shall not be held responsible or liable any information provided on such third parties’ websites.
17.2. The Platform may include third party advertisements, which may be targeted to the Content or information regarding the Services and/or queries made through the Platform. The types and extent of advertising by Sift & Pick on the Platform are subject to change. In consideration for us granting you a license to use the Platform, you agree that Sift & Pick, its agents and partners may place such advertising on the Platform.
18. INDEMNITY
18.1. You agree to defend, indemnify, and hold Sift & Pick harmless from and against all losses (including indirect, or consequential losses, loss of profit, loss of reputation), damages, claims, actions, costs, and expense (including legal and other professional costs and expenses), in connection with or arising from your use of the Platform and the Services, or your breach of any of these Terms of Service. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement that may adversely affect our rights or obligations shall be made by you without our prior written approval. We reserve the right, at our own expense and by notice to you, assume exclusive defense and control of any claim or action.
19. SEVERANCE
19.1. The illegality, invalidity, or unenforceability of any provision of these Terms of Service under the law of any jurisdiction will not affect its legality, validity, or enforceability under the laws of any other jurisdiction nor the legality, validity, or enforceability of any other provision.
20. SEVERAL USERS
20.1. All right and liabilities of the users of the Platform and the Services under these Terms of Service is several.
21. WAIVER
21.1. No failure or delay by a party to exercise any right or remedy provided under this agreement or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy.
22. TERMINATION
22.1. The Terms of Service shall continue to apply indefinitely until terminated by either you or us in accordance with this Clause 22.
22.2. You may terminate your agreement with us at any time, and for any reason, by deactivating/deleting your Account and/or discontinuing your use of the Platform and the Services. You do not need to inform us when you have deactivated/deleted your Account and/or stop using the Platform and the Services.
22.3. We may suspend or terminate your Account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Service; (ii) your actions have/will create risks (legal or otherwise) for us; or (iii) our provision of the Services to you is no longer commercially viable. We will endeavour to make reasonable efforts to notify you in such an event via your email address provided under your contact details in your Account, or at such time you attempt to access your Account.
22.4. In the event of termination, any provision of these Terms of Service that are expressly or by implication, intended to come into or continue in full force and effect on or after termination of this Terms of Service shall remain in full force and effect.
22.5. Nothing in this Clause 22 shall affect our rights to change, limit, or stop the provision of the Services without prior notice to you, as provided above in Clause 5 (Access and Use of the Services).
23. FORCE MAJEURE
23.1. No party shall be held to be in breach of these Terms of Service nor liable for any delay in performing, or failure to perform, any of its obligations under these Terms of Service if such delay or failure result from Force Majeure. In such circumstances, provided that the affected party has used all reasonable endeavours to mitigate the effect of the Force Majeure on the performance of its obligations, the affected party shall be entitled to a 60 day extension of the time (from the date of the affected Party’ notification to the other Party regarding the Force Majeure) for performing such obligations or if the Force Majeure continues after the 60 day period, the affected Party shall be entitled to cease the performance of such obligations indefinitely. “Force Majeure” means events, circumstances, or causes beyond a party’s reasonable control such as acts of God, fire, flood, typhoon, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic illness, failure of utility service or transportation, request from a government, or interference from civil or military authorities.
24. GOVERNING LAW AND JURISDICTION
24.1. These Terms of Service shall be governed by and construed in accordance with the laws of Singapore. Parties (Sift & Pick and you) agree to submit to the exclusive jurisdiction of the courts of Singapore.
25. ENTIRE AGREEMENT
25.1. These Terms of Service shall constitute the entire agreement between Sift & Pick and you relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect of the subject matter hereof.
26. LANGUAGES
26.1. In the event of discrepancies between the English version and any other language versions of these Terms of Service, the English version of these Terms of Service shall prevail.
Updated 25 June 2019
