TERMS AND CONDITIONS
Through its website and smart phone application, FLAIR TECHNOLOGIES PTE LTD or its affiliates (each or together, “FLAIR™”) provides a platform through which a person may offer its services to another person who requires such services. Offered Service Providers and Offered Service Users are free to then deal with each other in their own right to provide and use such services. FLAIR does not itself provide such services and accordingly, FLAIR will not be responsible or liable in any way for the actions or omissions of Offered Service Providers and Offered Service Users, who are deemed to enter into their contract (if any) with each other only and not with FLAIR.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By requesting access to FLAIR’s website www.atflair.com or smart phone application or use any of the FLAIR Services, you agree to these terms and conditions, as they may be revised by FLAIR from time to time. If you do not agree to these terms and conditions, do not make the said request for access.
Before agreeing to the terms and conditions, you have considered and evaluated the responsibilities and risks which may arise in providing or using any of the FLAIR Services or any of the Offered Services and you have taken and will take all necessary steps to avoid or reduce any unacceptable responsibilities and risks.
Applicant and Application
Any person (“the Applicant”) who makes any application (“Application”) to FLAIR for access to or use of FLAIR Services must:
Age, capacity and information
(1) be not less than 18 years old and have the legal capacity to enter into contracts under Singapore law;
(2) provide FLAIR with a copy of the Applicant’s identification document showing his current residential address and inform FLAIR of his current mobile phone number and email address, for verification purposes;
(3) provide and ensure that all information given by the Applicant to FLAIR are complete, accurate and current, and that the Applicant has not and will not misrepresent or misconstrue its ability, competency or capacity to provide or use the Offered Services; and
(4) give to FLAIR all other information which may affect FLAIR’s decision whether or not to provide the FLAIR Services or on the terms and conditions of providing the service.
The expression “FLAIR Services” refers to all or any of the services described as such in FLAIR’s website www.atflair.com and/or smart phone application (either or both, “FLAIR’s Website”), as may be upgraded, modified, refreshed, suspended or discontinued by FLAIR from time to time. The Applicant acknowledges and agrees that FLAIR may at its discretion, link FLAIR’s Website or any FLAIR Services to any website of any third party subject to the terms and conditions imposed by the third party which may not be within FLAIR’s control, in which event, the successful Applicant shall be free to make his own independent decision on whether to use such third party’s website or to accept any goods, services or facilities from such third party. The Applicant further agrees that in case of any contradiction or inconsistency between the terms and conditions of use or provision of such third party website, goods, services or facilities, these terms and conditions shall apply unless and to the extent FLAIR decides otherwise.
No multiple applications or transfer or sharing of application
No person may make more than one Application, whether or not by using his own or a different name or other personal information. The Application shall not be transferred to or shared in any way by the Applicant with any other person without FLAIR’s prior written approval.
No refund of application sums
Regardless of whether or not any contract is made between the Applicant and FLAIR, any sum paid by the Applicant at the time of the Application will not be refundable without FLAIR’s prior written agreement.
Offered Service Provider, Offered Service User, FLAIR Service Users and Contract
Upon FLAIR’s approval (if any) of the Application, FLAIR and the successful Applicant (referred to individually as “Offered Service Provider” in the case of any person who wishes to provide any service (“Offered Services”), or “Offered Service User” in the case of any person who wishes to use any Offered Services, referred to interchangeably or collectively as “FLAIR Service Users”) will be taken to have entered into a legally binding agreement (“the Contract”) with FLAIR to provide and the FLAIR Service User to use FLAIR Services, in accordance with the Application and upon these terms and conditions.
The FLAIR Service User shall disclose to each potential Offered Service User or to each potential Offered Service Provider, as the case may be, all information which may influence their decision on whether or not to use or provide, at the case may be, the Offered Service, including the FLAIR Service User’s track record and performance, competency, standards, legality, professional knowledge, industry practice, where applicable.
The mere receipt by FLAIR of the Application and the sums referred to in Condition 3 above do not constitute such contract. A person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act (Chap 53B) to enforce any provision of the Act.
Charges and other sums payable
The FLAIR Service User shall pay all applicable charges and other sums imposed by FLAIR, at the rate and at the time specified by FLAIR from time to time.
The FLAIR Service User shall when and in such form as required by FLAIR, provide to FLAIR such security for the FLAIR Service User’s performance of its obligations under the Contract, which security may not be set-off against any sums owing to FLAIR.
Purpose of use of FLAIR Services and Flair Service User Affiliates
The FLAIR Service User may have access and use of FLAIR Services for the sole purpose of offering to provide any Offered Services or to use any Offered Services, as the case may be, itself or through its employees, agents and contractors or members of its household (“Flair Service User Affiliates”), which the FLAIR Service User shall ensure at all times comply with and do not contravene any law (including those related to employment, taxation, safety, hygiene). The FLAIR Service User shall and shall ensure that its Flair Service User Affiliates shall at all times:
(1) comply with all reasonable requests of FLAIR’s employees, agents, contractors and of the relevant Offered Service Provider or Offered Service User, as the case may be; and
(2) conduct themselves in such a manner as shall not be fraudulent or unlawful and as may not cause loss, damage, danger, distress, offence, annoyance or inconvenience to FLAIR or any other person (including the relevant Offered Service Provider or Offered Service User, as the case may be) or as may subject FLAIR or them to prosecution or action by any authority.
Non-warranty and waiver
FLAIR provides FLAIR Services “as is” and “as available” and FLAIR does not warrant the completeness, accuracy, availability, propriety, safety, security, reliability, quality, merchantability, fitness for particular purpose, timeliness or non-infringement of FLAIR Services or of the Offered Services, and each FLAIR Service User shall have access to and use of FLAIR Services and shall provide or use the Offered Services at its own risk.
The FLAIR Service User acknowledges and agrees that:
(1) the completeness, accuracy, availability, propriety, safety, security, reliability, quality, merchantability, fitness for particular purpose, timeliness, non-infringement and other aspects of provision of the Offered Services by any Offered Service Provider are entirely the responsibility of the Offered Service Provider; and
(2) the safety, security, quality, timeliness or other aspects of the premises or performance of the Offered Service User are entirely the responsibility of the Offered Service User
as the case may be.
Neither does FLAIR warrant or monitor the suitability, legal capacity, fitness, character or capability of any other FLAIR Service User. The FLAIR Service User hereby acknowledges that it enters into the Contract as an independent contractor or user, as the case may be, and shall not be taken in any way to be an employee, agent or contractor of FLAIR or to be any person for whom FLAIR is responsible in any way.
Liability, indemnity and Insurance
FLAIR and employees, agents, contractors shall not be liable for any loss, damage or destruction of any property or any injury or death of or infringement of any intellectual property or other rights by any FLAIR Service User or its FLAIR Service User Affiliates or for any demands, claims or proceedings against any FLAIR Service User or its FLAIR Service User Affiliates arising from or related to the Contract or performance of any FLAIR Services (except where caused by the proven gross negligence or willful default of FLAIR) or of any Offered Service or of any website of or good, services or facilities offered or provided by any third party referred to in Condition 1 due to any reason. Without prejudice to the generality of the foregoing, each FLAIR Service User expressly waives and releases FLAIR and its employees, agents and contractors from any and all liability, claims or damages arising from or in any way related to other FLAIR Service Users or any Offered Services.
In any event, such liability (if any) of FLAIR to any FLAIR Service User and/or its FLAIR Service User Affiliates shall not exceed the sum (if any) paid by the FLAIR Service User to FLAIR under Condition 5 above for the use of the relevant FLAIR Services (excluding sums paid or payable by the FLAIR Service User to any other FLAIR Service User).
The FLAIR Service User shall indemnify FLAIR and its employees, agents and contractors against all actions, claims, demands, losses, damages and costs and expenses (including the claimant’s solicitor and client costs) for which they shall or may become liable to any person (including those made by its FLAIR Service User’s Affiliates) in respect of such loss, damage, destruction, injury, death or infringement.
In no event shall FLAIR and its employees, agents, contractors be liable for any claim for emotional distress or loss of data or for any indirect, incidental, special, consequential, punitive, economic, future, exemplary or damages or loss.
Each FLAIR Service User shall procure adequate insurance to cover actions, claims and demands made against it or its FLAIR Service User Affiliates and their losses, damages, costs and expenses described in this Condition.
FLAIR may terminate the Contract if FLAIR reasonably considers that the FLAIR Service User has breached or may breach any of these terms and conditions contained or any applicable law, without prejudice to FLAIR’s rights and remedies in relation to any antecedent breach of the FLAIR Service User.
The Applicant and the FLAIR Service User may not and shall ensure that its FLAIR Service User Affiliates shall not, without the prior written approval of FLAIR, disclose to any third party nor use for the benefit of any third party, any information provided by FLAIR (including the FLAIR Service User’s account password) or relating to FLAIR or its employees, agents or contractors, FLAIR Services, any other FLAIR Service User or the Offered Services or the Contract which is not in the public domain or for any purpose other than the Application or the use of FLAIR Services. In particular and without prejudice to the generality of the foregoing, the FLAIR Service User may not:
(1) request or obtain any contact information or personal information of any other FLAIR Service User without the prior written approval of FLAIR;
(2) take photographs or other recordings of any other FLAIR Service User or any FLAIR’s employee, agent or contractor or of their premises or other property, without the prior written approval of such other FLAIR Service User or FLAIR; or
(3) communicate with any other FLAIR Service User after the completion of the relevant Offered Service without the prior written approval of FLAIR.
The Applicant and the FLAIR Service User:
(1) shall at all times provide FLAIR with up to date data (“Personal Data”) about itself and its FLAIR Service User Affiliates and the devices and related software, hardware and peripherals they may respectively use, that FLAIR may require or wish to use to identify, contact or locate any of them, including their name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address and any other information about the FLAIR Service User and its Offered Service or Offered Use, as the case may be, which the FLAIR Service User has provided to FLAIR from time to time, as well as sensitive personal data such as data relating to health, religious or other similar beliefs; and
(2) hereby agrees and consents to FLAIR and its employees, agents, and contractors collecting, processing and using the Personal Data
for the purposes of the Application, the Contract and FLAIR Services and for the business and activities of FLAIR and its partners and sponsors and to fulfil any legal obligation of FLAIR, including for marketing, business or any other purposes in relation to FLAIR and the following purposes:
(a) to process Applications;
(b) to perform FLAIR’ obligations under the Contract;
(c) to manage and administer the Contract;
(d) to develop, provide and enhance FLAIR Services;
(e) to notify, invite and/or consider the participation of the Application or the FLAIR Service User in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
The Applicant or the FLAIR Service User shall notify FLAIR in writing if the Applicant or the FLAIR Service User or its FLAIR Service User Affiliate does not consent to FLAIR using their Personal Data for the aforesaid purposes.
The Contract is not intended and shall not be taken as granting or transferring to the Applicant or the FLAIR Service User, any intellectual property right of FLAIR. FLAIR owns all right, title and interest, including all related intellectual property rights, in and to FLAIR Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the FLAIR Service User or any other person relating to FLAIR Services. For the avoidance of doubt, FLAIR Services include their respective components, processes and design in their entirety.
The Applicant and the FLAIR Service User shall not and shall ensure that its FLAIR Service User Affiliates shall not and shall not attempt to:
(1) license, sublicense, sell, resell, transfer, assign, distribute or otherwise reproduce, use, exploit or make all or any part of FLAIR Services (including FLAIR’s trademarks) in any way;
(2) modify or make derivative works based on the Application, the Contract or to or for any other person or create internet “links” to FLAIR Services or “frame” or “mirror” FLAIR Services on any other server or wireless or internet-based device;
(3) reverse engineer or access FLAIR Services in order to directly or indirectly in any way -
(a) build a similar or competitive product or service;
(b) build a product using similar ideas, features, functions or graphics of FLAIR Services; or
(c) copy any ideas, features, functions or graphics of FLAIR Services,
(4) launch any automated program or script, including web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of FLAIR Services;
(5) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of FLAIR Services or its contents;
(6) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
(7) remove any copyright, trademark or other proprietary rights notices contained in FLAIR Services;
(8) use FLAIR Services to -
(a) send spam or otherwise duplicative or unsolicited messages;
(b) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or in violation of third party privacy rights;
(c) send material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
(d) interfere with or disrupt the integrity or performance of FLAIR Services;
(e) attempt to gain unauthorized access to FLAIR Services or its related systems or networks; or
(f) impersonate any person or entity or otherwise misrepresent their affiliation with a person or entity, and shall abstain from any conduct that could possibly damage FLAIR’S reputation or operations.
FLAIR Service User’s Materials
The FLAIR Service User shall and shall ensure that its FLAIR Service User Affiliates shall possess all intellectual property and other rights to use, disclose, reproduce and publish all content and other materials (including photographs, videos and music) posted or otherwise they make available to FLAIR or other potential or actual FLAIR Service Users using FLAIR Services (“the FLAIR Service User’s Materials”).
The FLAIR Service User:
(1) hereby grants to FLAIR and other FLAIR Service Users full right, permission and liberty to use the FLAIR Service User’s Materials for the entire duration of the Contract and without royalty or other charge;
(2) hereby acknowledges that the FLAIR Service User’s Materials will be made available to the employees and agents of FLAIR and other FLAIR Service Users for the purposes of FLAIR Services, and FLAIR may not be able to monitor or limit or otherwise control their use of the FLAIR Service User’s Materials;
(3) hereby releases FLAIR from any liability for the use of the FLAIR Service User’s Materials by FLAIR’s employees and agents or FLAIR and other FLAIR Service Users; and
(4) hereby acknowledges and agree that its use (if any) of any sharing function on FLAIR’s Website to share content to Facebook, Google, LinkedIn or other services will be subject to the service provider’s terms of service.
Third party advertising, marketing and promotion
If FLAIR permits third parties to advertise, market or promote their services or goods through FLAIR’s Website or FLAIR Services but the FLAIR Service User does not wish to receive or participate in such advertising, marketing or promotion:
(1) the FLAIR Service User shall notify FLAIR in in writing immediately or within the time (if any) specified by FLAIR;
(2) FLAIR may require the FLAIR Service User to pay a charge (if any) specified by FLAIR from time to time or may terminate the Contract.
Invalidity or unenforceability
If any of these terms and conditions is found to be invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining terms and conditions.
FLAIR’s delay or failure to enforce any of these terms and conditions shall not constitute a waiver of such term or condition.
Law and jurisdiction
The Contract and all matters related to or arising from it will be interpreted and governed by Singapore law and subject to the exclusive jurisdiction of the courts of Singapore.
FLAIR shall not be a party to or otherwise involved in any dispute between any two or more FLAIR Service Users, which dispute should be resolved between themselves as amicably as possible.
The FLAIR Service User shall immediately notify FLAIR in writing of any dispute which it may have with any other FLAIR Service User and provide FLAIR with all information, evidence, assistance and co-operation which may be required by FLAIR in relation to such dispute.
FLAIR and the FLAIR Service User will endeavour to resolve any dispute between them arising out of or in connection with the Contract and/or any related agreements through friendly consultation. If no mutually satisfactory resolution can be reached within reasonable time, FLAIR may choose to refer the dispute on an exclusive basis for mediation in the Singapore Mediation Centre or for final resolution by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force which rules are deemed to be incorporated by reference into this provision.