Terms and Conditions

1. Acceptance

1.1 You acknowledge and agree that our licence of the Platform to you is conditional on your compliance with the provisions of these Terms. By accessing and using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you are not granted any rights to use the Platform, and you should not use it.

1.2 These Terms are to be read along with our Privacy Policy, both of which apply to your use of the Platform. You are deemed to consent to the terms of the Privacy Policy and these Terms by your continued use of the Platform.

1.3 These Terms may be modified, amended or revised from time to time by us. You may determine whether any such amendment has taken place by referring to the date on which these Terms were last updated. Your continued use of the Platform constitutes your acknowledgement and acceptance of such changes.

2. Nature of the Platform

2.1 The Platform is a discovery and listing service only. We do not sell, supply, deliver, fulfil, arrange or provide any of the goods, services, events or activities listed on the Platform, and we are not a party to any transaction, contract or dealing between you and any Vendor.

2.2 The listing of a Vendor on the Platform does not constitute any endorsement, recommendation, verification, approval, certification or guarantee by us of that Vendor, or of the quality, safety, legality, accuracy or suitability of that Vendor’s goods, services, premises, staff, licences or content.

2.3 The Platform may display links or contact details allowing you to contact a Vendor directly, including by telephone, messaging application, email, website or social media. All communication, dealings, transactions, payments, bookings and services arising from such contact are solely between you and that Vendor. We have no involvement in, control over, or responsibility or liability for any such matter, and any dispute arising from it must be raised with that Vendor directly.

2.4 All listing information, including opening hours, addresses, contact details, prices, availability, event dates and descriptions, is provided by Vendors. We do not guarantee that any listing information is accurate, complete or current, and you should verify it with the Vendor before relying on it.

3. Grant of licence

3.1 Upon creating an Account (as defined below), and subject to your compliance with these Terms, we grant to you, and you hereby accept, a limited, non-exclusive, revocable, non-transferable, non-sublicensable licence to access and use the Platform and its Content for your own personal, non-commercial use.

3.2 As a precondition to the use of the Platform, you consent to the collection of your personal data and specifically authorise us to use, store or otherwise process your data or information to facilitate the use of the Platform. Such permission shall cease upon the withdrawal of such consent or upon termination of your Account.

3.3 Your access to and use of the Platform is subject to your registration and onboarding, and to your agreement to these Terms and the Privacy Policy.

3.4 The Platform is provided on an "as is where is" and "as available" basis. We do not guarantee that the Platform is fault free, continuous or uninterruptable, nor provide any other warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Platform.

3.5 We are not liable for any technical problems or issues which impede, disrupt or restrict all or any use of the Platform. In no event shall you have any claim against us for any liability, loss or damages arising from the inability to use the Platform.

3.6 You acknowledge that the availability of the Platform is subject to the availability of our resources, a suitable network infrastructure and the technicality of the Platform.

3.7 We reserve the right at our sole discretion to suspend or deny access to or use of the Platform for the purposes of system upgrading, security, maintenance or such other purposes as we may deem appropriate. We may discontinue all or part of the Platform, or add to or modify all or part of the Platform, without notice to you.

3.8 We will not be responsible for any acts or omissions of a third party, including any Vendor, arising out of the use of third party services in connection with the operation or use of the Platform, including that third party’s access to or use of your personal data, and we do not warrant or support any service provided by a third party.

4. Account

4.1 You shall procure and maintain, at your own expense, an account registered with us (“Account”), together with any equipment, software, operating conditions and specifications needed to access and use the Platform. An Account is needed to access the Content and to view Vendors’ listings.

• (a)You must be at least 13 years of age to create an Account and access the Platform. By creating an Account, you confirm that you meet this age requirement, and you are solely responsible for the accuracy of the information you provide.
• (b)Where the Platform offers any paid feature, you must be at least 18 years of age to make a payment or enter into any purchase. By making a payment, you confirm that you are at least 18 years of age.

4.2 As a condition of the use of the Platform, you agree to complete registration and onboarding by providing us with current, complete and accurate personal information. Such information will be handled and processed in accordance with the privacy laws of Singapore and our Privacy Policy.

4.3 You may submit ideas, suggestions, comments or other feedback regarding the Platform or any part of it, or regarding any Vendor’s business, products or services (“Feedback”). By submitting Feedback, you acknowledge and agree that (a) your Feedback is provided voluntarily and we may use it for any purpose, (b) you shall not seek, and are not entitled to, any money or other form of compensation, consideration or attribution in respect of the Feedback, and (c) the Feedback is not confidential or proprietary to you or any third party. Nothing prevents us from independently developing, or having already developed, anything similar to your Feedback, and we are under no obligation to disclose our plans or roadmap.

4.4 You warrant that all information provided to us is true and accurate. We bear no responsibility for any false, inaccurate or untrue information or the consequences of it, and cannot be held liable. We have the sole authority to refuse or terminate access if you have wilfully submitted inaccurate, untrue or false information during registration and onboarding.

4.5 When setting up your Account, you will be asked to create login credentials and a username. You may not select a username or identifier that impersonates someone else, is or may be illegal, may be protected by trademark or other proprietary rights, is vulgar or offensive, or may cause confusion. We reserve the right to reject or reassign these login credentials or username at our sole discretion.

4.6 You may be provided with a user identification code, password or other information as part of our security procedures, and you must treat such information as confidential. You must not disclose it to any third party.

4.7 Your Account is personal to you and may not be sold, transferred, assigned, shared or otherwise made available to any other person. You may not use someone else’s Account. You shall notify us immediately of any unauthorised use of your Account or any other known or suspected breach of security, and shall use all reasonable efforts to stop any such unauthorised use.

4.8 Access to certain parts of the Platform is restricted. You may access only those parts for which you have been granted authorisation, and only in the manner permitted.

4.9 You may interact with or come across third party content, including links to websites, information, communications and materials (“Third Party Content”). We do not monitor or control any Third Party Content. We make no endorsement or representations as to any Third Party Content. You are cautioned to use Third Party Content at your own risk, and you agree to bear sole responsibility and liability for such use.

4.10 You understand that the purpose of the Content is to provide community, informational and discovery services, and for publicity and advertising. We do not make any representations or warranties as to any guaranteed performance or results of any nature whatsoever regarding exposure to the Content. Whilst every care and effort has been made to ensure that the Content is accurate at the time of publication, we assume no responsibility for any errors in the Content.

5. Payment

5.1 The Platform may from time to time offer paid features. Where it does, any fees, charges or other amounts payable are as displayed on the Platform at the time of purchase. The version displayed on the Platform at the relevant time is the definitive version of fees and prevails over any other statement of fees. Any additional charges such as service fees and taxes are calculated and added at the time of purchase, and the total payable is displayed on the payment page.

5.2 Where the Platform offers any paid feature, we partner with Monetary Authority of Singapore (MAS) approved and regulated third party payment service providers for the purpose of collecting payment. By making any payment, you also agree to the terms and conditions of the relevant payment service provider. We do not store your card details.

5.3 Payment is due immediately at the time of the transaction and is processed through our third party payment service provider. We do not offer credit terms, invoicing, deposits or prepaid balances. Settlement may be subject to standard banking and payment processing times. All payment obligations are non-cancellable, non-refundable and non-transferable, except where required by law. This includes where any item, feature, booking, product or service is rejected, removed, suspended, not provided or withdrawn by us, whether before or after payment has been made.

5.4 All refund requests are subject to our internal review and approval, and the outcome is final. Refund requests must be submitted in writing, with any supporting documents, to contact@pottu.com.sg within forty-eight (48) hours of the transaction. We have sole discretion to determine whether a refund is warranted in each case, and may refund through the original payment method or in any other way we deem fit.

5.5 When you make a payment, you agree to use a valid payment method which you are legally authorised to use. In the event that payment is rejected due to the use of an unauthorised or illicit payment method, we reserve the right to disable your Account, refuse to process a refund, and notify the relevant authorities.

5.6 Our payment service provider may carry out fraud and security checks and may decline any transaction. We may also decline or reverse any transaction we reasonably believe to be fraudulent, unauthorised or in breach of these Terms.

5.7 All prices and fees displayed on the Platform are in Singapore Dollars (SGD).

6. Content, listings and reporting

6.1 Content displayed on the Platform, including listings, images, descriptions and promotional material, is provided by Vendors and other third parties. We do not create, verify or endorse that Content.

6.2 We carry out periodic and reasonable checks on Content, but we do not undertake to review, and cannot review, every item of Content displayed on the Platform. Responsibility for Content remains with the Vendor or third party who provided it.

6.3 You may report inaccurate, offensive or unlawful Content, or raise any other concern, by using any reporting function made available on the Platform from time to time, or by emailing us at contact@pottu.com.sg.

6.4 Where we make available automated or other content review tools, we may use them to identify and remove Content in breach of these Terms. No review process, whether carried out by our staff or by automated tools, can be expected to identify every item of Content that may be inaccurate, unlawful or inappropriate.

7. Removal of content and suspension of accounts

7.1 You must not submit, through any feature of the Platform, any material that is unlawful, offensive, defamatory, obscene, discriminatory, or that infringes the rights of any person. This applies to usernames, messages, reports, feedback and any other material you provide to us.

7.2 We may remove any content from the Platform at any time, with or without notice, where we consider it to be in breach of these Terms or otherwise objectionable.

7.3 We may suspend or permanently ban your Account at any time, with or without notice, where we consider that you have breached these Terms. Where an Account is suspended or banned, we retain a record of that suspension or ban.

8. Your undertakings and warranties

8.1 You agree not to:

• (a)use the Platform other than in accordance with these Terms;
• (b)access, tamper with, or use the non-public areas of the Platform (including content storage), our computer systems, or the technical delivery systems of our Vendors;
• (c)disable, interfere with, or try to circumvent any of the features of the Platform relating to security, or probe, scan or test the vulnerability of any of our systems;
• (d)copy, translate, merge, adapt, vary, alter or modify the whole or any part of the Platform, nor permit the Platform or any part of it to be combined with or incorporated in any other programs, except as necessary to use the Platform as permitted in these Terms;
• (e)disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Platform, nor attempt to do any such thing, including attempting to determine any source code, methods or techniques embodied in the Platform;
• (f)divulge, distribute, licence, transfer or sell any part of the Platform, the Content, or any derivative works thereof;
• (g)market, rent, lease, sub-licence, loan, provide, or otherwise make available the Platform in any form, in whole or in part, to any person;
• (h)infringe our intellectual property rights or those of any third party in relation to your use of the Platform;
• (i)use, reproduce, pass off, or seek to register any of the Content, intellectual property rights, or any trademark, copyright, service mark, name, word, logo or symbol which is identical to or may be associated with any of our intellectual property rights or Content;
• (j)commit any act which challenges the ownership or validity of the intellectual property rights in the Content, or assist any person in such act;
• (k)transmit, post or promote any material relating to or on the Platform that is defamatory, illegal, immoral, unethical, offensive, sexually explicit, violent, discriminatory, or otherwise objectionable;
• (l)use or interfere with the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users of the Platform;
• (m)use the Platform or create an Account for unlawful purposes, or contravene, violate or flout any law, order, rule or regulation of the Republic of Singapore or any jurisdiction elsewhere;
• (n)bypass, delete or disable any copyright protection mechanisms or any security mechanisms in the Platform;
• (o)collect or harvest any information or data, including by automated scripts, from the Platform or our systems, or attempt to decipher any transmissions to or from the servers running any service, or incorporate such data into any other program or application; or
• (p)allow, assist or conspire with any third party, including our competitors, to breach any of the obligations in this clause 8.1.

8.2 You warrant that:

• (a)you have the full legal capacity, power and authority and, if you are a company, have taken all necessary action, including the passing of all resolutions and obtaining any necessary consents, to enter into, execute and deliver, and to exercise your rights and perform your obligations under, these Terms;
• (b)you have obtained all permissions, licences, rights or releases required to provide your Feedback or to engage in any other permitted activities arising out of or in connection with the use of the Platform;
• (c)you shall comply with all applicable laws, statutes, regulations and ordinances, including any applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform;
• (d)you will not violate, infringe or misappropriate any third party’s proprietary or personal rights, including their copyright, trademark, right of privacy or intellectual property rights, when using the Platform; and
• (e)you shall ensure that there is no unauthorised or improper use, access, sharing, duplication, distribution or abuse of the Platform.

9. Ownership of the Platform

9.1 You acknowledge that:

• (a)the Platform, including all content, information, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, "look and feel" and all other intellectual property rights embodied therein or connected therewith, is owned by us and shall remain with us or our third party licensors; and
• (b)no right, title or interest in and to the Platform is transferred, assigned or otherwise conveyed under these Terms to you or any other party, other than as set out in the limited licence granted herein.

9.2 Any feedback, comments or suggestions you may provide pertaining to the Platform, including its functionality, user experience and Content, is entirely voluntary, and you agree to allow us to use such feedback, comment or suggestion as we deem fit without any obligation or royalty to you.

10. Availability of the Platform and upgrades

10.1 The Platform may require that you have a specific type of device, operating system, minimum available memory or other technical capability in order to use it.

10.2 You may be required to download and install upgrades designed to improve, enhance and further develop the Platform. You agree to download and install all upgrades as and when they become available.

11. No warranties

11.1 The Platform is provided on an “as is” and “as available” basis, and we do not guarantee that the Platform is free or secure of bugs, malware, viruses or any other such intrusions. You shall use your own virus protection software when accessing and using the Platform.

11.2 We do not make any representation or guarantee as to the reliability, validity, quality, safety, accuracy or availability of the Platform, or the ability of the Platform to fulfil your obligations or purpose, whether known to us or otherwise.

11.3 We are not responsible for the acts or omissions of any Vendor or other third party, or for any loss, damage or harm of any kind arising from goods or services they provide, including personal injury or death, and including their access to or use of your personal data. Any claim in respect of those goods or services must be brought against that Vendor or third party directly. We do not warrant or support any service provided by a third party.

11.4 We hereby disclaim all representations, warranties and conditions, express or implied, of fitness for a particular purpose, merchantability, title, performance, non-infringement, non-interference, informational contents, accuracy, compatibility, system, integration, security and condition or operation of the Platform and the technology deployed in connection therewith. In addition, we make no representation or warranty regarding the nature of the Content, or that the operation of the technology on the Platform will be free from faults, interruptions or errors.

11.5 We do not warrant that all Content on the Platform is accurate, lawful or appropriate, or that our checks will identify every item of Content that is not. Where you consider any Content to be inaccurate, offensive or unlawful, you may report it to us in accordance with clause 6.3.

11.6 Further, we make no representations, endorsements or warranties that:

• (a)the Platform will be available on an uninterrupted, timely, secure or error-free basis;
• (b)there will be any particular performance or results obtained from the use of the Platform;
• (c)any information stating the past performance or results of the Platform will be any guarantee of future results;
• (d)the Platform will be compatible with any third party systems;
• (e)the Platform will be without failure, delay, interruption, error or loss of content, data or information;
• (f)the Platform will be accurate and reliable; or
• (g)any service by a third party, including any Vendor, offered or listed on the Platform will be reliable, safe or of any particular quality.

11.7 Whilst every effort is made to keep the Platform running smoothly, we bear no responsibility, and will not be liable, for the Platform or Content being unavailable for any reason whatsoever and howsoever.

12. Indemnification

12.1 You agree to indemnify and hold us harmless, together with each of our respective officers, directors, employees, agents and advisers, from any and all claims, liabilities, costs and expenses, including but not limited to reasonable legal fees and expenses, arising out of or in connection with your use of the Platform, or arising out of a breach of any of your representations, warranties or obligations under these Terms.

13. Exclusion of warranties

13.1 Except as expressly set out in these Terms, no conditions, warranties or other terms, including any implied terms as to satisfactory quality, fitness for purpose or conformance with description, apply to the Platform.

14. Limitation of liability

14.1 We shall not be liable for any damages, costs, expenses or loss resulting from the use of, or inability to use, the Platform, the performance of the Platform, or the use of or reliance on the Content therein, including damages caused by malware, viruses, or the incorrectness or incompleteness of information on the Platform, compatibility issues, malfunctions, faults, pricing errors, misdescription of goods and services, or delay in transmission of instructions or data pertaining to the operation of the Platform.

14.2 We shall not be liable to you or any other person or entity for any direct, indirect or consequential loss, damage, costs, charges or expenses of whatsoever nature and howsoever arising, including legal fees, cost of funding, and loss or cost incurred by you, irrespective of whether such damages are foreseeable, as a result of or in connection with:

• (a)any access to or use of the Platform, or the inability to access or use the Platform;
• (b)any performance or failure of the Platform;
• (c)any information provided to you relating to the Platform;
• (d)any use of or reliance on the materials posted, maintained, contained or stored on the Platform;
• (e)any transaction performed incidental to or in connection with the use of the Platform;
• (f)any termination of your Account or use of the Platform;
• (g)any loss, abuse, or authorised or unauthorised disclosure of information;
• (h)any failure, error, omission, interruption, interception, delay in operation or transmission, or computer virus;
• (i)any use of or access to any third party, including any Vendor, contractor or agent;
• (j)the act or omission of any third party, including any Vendor, in connection with your use of the Platform, including the provision of services by that third party discovered through the Platform; or
• (k)any breach or violation of any third party rights, including but not limited to the violation of any proprietary or intellectual property rights or the enforcement of any such rights.

14.3 You hereby release, waive and discharge us, our directors, agents, shareholders, officers, contractors, partners, staff and employees from all liabilities and claims for property damage and causes of action of any kind arising from, but not limited to, the use of the Platform.

14.4 Without prejudice to the foregoing, our aggregate liability in respect of all claims arising out of or in connection with these Terms or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall not exceed the total amount paid by you to us in the six (6) months preceding the date the claim arose, subject to a maximum of one hundred Singapore dollars (SGD 100). Where no amount has been paid by you to us, our aggregate liability shall not exceed one hundred Singapore dollars (SGD 100).

14.5 Nothing in these Terms excludes or limits any liability which cannot be excluded or limited under the laws of Singapore.

15. Term and termination

15.1 These Terms are effective from the date that you first access the Platform until terminated in accordance with these Terms. In the event of termination, your access to and use of the Platform and any of its functions, including your Account, will cease.

15.2 We reserve the right to suspend, terminate or ban your use of the Platform, with or without notice to you, if there has been a breach of any of these Terms or if we suspect or believe that you will breach or violate any of these Terms.

15.3 We reserve the right to terminate your use of the Platform immediately and without notice to you if you engage, or we believe you engage, in acts that will cause the Platform to be disrupted, malfunctioned, destroyed or infected, or if you break or violate any laws, regulations or orders in connection with your use of the Platform.

15.4 The following shall survive the termination of your use of the Platform: all liabilities accrued under these Terms prior to the effective date of termination, and clauses 2, 4.3, 8, 9, 11, 12, 13, 14 and 16.

16. Miscellaneous

16.1 Entire Agreement. These Terms govern your use of the Platform and completely replace any prior agreements between you and us in relation to the Platform. You acknowledge that you are not relying on, and will have no remedies in respect of, any undertakings, warranties, promises or assurances that are not set forth in these Terms.

16.2 Variation. We reserve the right to amend these Terms at any time. We may notify you of material changes by posting the updated Terms on the Platform or by email. Your continued use of the Platform after such notice constitutes your acceptance of the updated Terms.

16.3 Severability. If any term or provision in these Terms is held by any court or other competent authority to be void, illegal or unenforceable, in whole or in part, such term or provision shall to that extent be deemed not to form part of these Terms, but the legality, validity and enforceability of the remaining terms shall not be affected.

16.4 Governing Law. These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and interpreted in accordance with Singapore law, without regard to conflict of law principles.

16.5 Dispute Resolution. Before commencing any legal proceedings, the parties shall first attempt in good faith to resolve the dispute by contacting the Company at contact@pottu.com.sg. Where the dispute is not resolved within thirty (30) calendar days, either party may refer it to mediation at the Singapore Mediation Centre in accordance with its mediation procedure in force at the relevant time, and failing resolution, either party may commence proceedings in the courts of Singapore.

16.6 Language. Where the Platform makes content available in Tamil or any other language, that content is provided for convenience only. Such content may be produced using automated or machine translation and may be inaccurate, incomplete, outdated or misleading. The English version of all content, listings, notices and communications is the official version and prevails in the event of any inconsistency. These Terms and the Privacy Policy are provided in English only. We give no warranty as to the accuracy of any translated content and accept no liability for any loss, including financial loss, arising from reliance on it.

16.7 Advertising. Where the Platform displays advertising or sponsored content, that content is provided by third parties and we do not endorse it or accept responsibility for it. We may compile and share aggregated and anonymised data derived from use of the Platform, including user numbers, listing views, search activity and engagement statistics, with third parties including advertisers, partners and prospective partners. Such data will not identify you individually.

16.8 Third Party Rights. A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of their terms. Notwithstanding any terms of these Terms, the consent of any third party is not required for any variation, including any release or compromise of any liability, or for termination of these Terms.

16.9 Contact Us. All questions concerning these Terms must be directed to contact@pottu.com.sg.