Terms of service

1. ACCEPTANCE OF TERMS

1.1 By using and accessing www.sendhelper.com (the "Website") and/or the SendHelper mobile application (the "App"), you conclude a legally binding agreement with us, Sendtech Pte. Ltd. (“Sendtech”, "we" or "us"), the owner and administrator of the Website and App. Our Website and App shall collectively be referred to as the “Platform”.

1.2 You accept without limitation or qualification the Terms of Service, including the Privacy Policy at https://www.sendhelper.com/privacy.html and the Cancellation Policy at https://www.sendhelper.com/cancellation.html which are incorporated by reference into these Terms of Service.

1.3 We may amend these Terms of Service at any time by posting a revised version on the Website. However, an individual notice will not be sent to you. Any amended Terms of Service shall replace all previous versions of the same. If you do not agree to the amendments or changes to the Terms of Service, you should immediately cease use of any of the services on the Website. After any such amendment becomes effective, we will deem your continued use of the Website to constitute acceptance and agreement to such amendment. You can review the most current version of the Terms of Service at any time at https://www.sendhelper.com/terms.html.

1.4 We will, from time to time, post on the Website, policies, guidelines, and rules relating to the use of the Platform and the Household Services. All such policies, guidelines or rules are hereby incorporated by reference into the Terms of Service.

2. USE OF THE PLATFORM

2.1 You agree to comply with the Policy of Acceptable Use in using the Platform.

2.2 In carrying out any transactions with us on or in relation to the Platform or registering an account with us on the Platform, you warrant that:
• you are above 21 years of age;
• you are using your actual identity;
• the personal data that you have provided to us are true, accurate, complete, and current; and
• you will maintain and promptly update your personal particulars and ensure that such information is kept true, accurate, complete, and current.

2.3 Children (users below the age of 21 years) are not eligible to use the Platform or provide any personal data on the Platform unsupervised. If you are below 21 years of age, you may use the Platform and/or provide any personal data on the Platform only after you have obtained consent from your parents/legal guardian or if you are under the supervision of your parent/legal guardian. If you are a parent/legal guardian of a child, you and your child accept and agree to be bound by these Terms of Service and shall be responsible for all use of the Platform.

2.4 In the event that we have given you (or where you have chosen) a password which enables you to access certain parts of the Platform, you acknowledge that you are fully responsible for maintaining the confidentiality of your password, and all activities occurring under your account.

2.5 You agree to notify us of any breach of security involving your password and/or log-in details.

2.6 We will not be liable for any loss or damage arising from your failure to comply with this Clause 2.

3. ENGAGING SERVICE PARTNERS

3.1 We are a technology company, and we provide a platform for our users to arrange and schedule the provision of certain goods and household services. Household services, including but not limited to home cleaning, laundry, home repair, pest control, cooking and other services of a domestic nature offered on our Platform (collectively, “Household Services”) are provided by third-party service providers (“Service Partners”) and not by us. These Service Partners are not officers, agents, employees, or sub-contractors of Sendtech.

3.2 We make no representation or warranty of any kind whatsoever, express, or implied, in respect of Household Services provided by Service Partners. We are not responsible for the quality, merchantability or fitness for any purpose or any other aspect of any Household Services you receive from a Service Partner.

3.3 You agree that you shall bear all risk arising out of your use of the Platform and any Household Services provided by Service Partners and you shall have no recourse to us in respect of the same. Where you transact with a Service Partner, any agreement relating to the provision of Household Services is strictly between the Service Partner and you. In no event and under no circumstances shall we and/or our affiliated companies, be responsible for any Household Services provided by Service Partners. To the maximum extent permitted under applicable law, we disclaim any and all responsibility and/or liability arising from such agreements between you and any Service Partner, and we shall not at any time be responsible or held liable for any loss, injury, damage or harm suffered by or in connection with the Household Services provided by Service Partners.

3.4 Notwithstanding clauses 3.1 to 3.3 above, you agree that you shall:

3.4.1. treat Service Partners with respect, in accordance with any policies, guidelines and rules introduced by us, and not engage in any unlawful, abusive, threatening or harassing language, behaviour or conduct while engaging with Service Partners or using the Household Services;

3.4.2. not to cause damage to any property or equipment of a Service Partner; and

3.4.3. not to contact Service Partners outside of the Platform or for any purposes other than to receive and use the Household Services.

4. PAYMENTS

4.1 Where you order Household Services through the Platform, you will be charged for the Household Services based on the rates displayed on the Platform for the specific services that you order and a transaction fee (collectively the “Service Fee”).

4.2 For the avoidance of doubt, the Service Fee is exclusive of tax (including but not limited to any government service tax that may be applicable). You shall be responsible for the payment of all applicable taxes, duties, or levies (“Tax”) in respect of Your Purchase.

4.3 You agree that we may charge the Service Fee and any other fees and charges, through the payment method you select on the Platform. The Company may use a third party payment processor (the “Payment Processor”) to link your payment account to the Platform. The processing of payments, in connection with your use of the Platform, will be subject to the terms and conditions of the Payment Processor, in addition to these Terms of Service. We are not responsible for any errors by the Payment Processor.

4.4 Some Household Services may be ordered on a recurring basis (”Recurring Order”). When you make a Recurring Order, payments will be collected in advance for a specified period (“Cycle”). The duration of each Cycle and the number of individual sessions, sub-orders or jobs included in that Cycle will be displayed on the Platform prior to your submission of the Recurring Order. Recurring Orders will automatically renew for the same duration and number of individual sessions, sub-orders or jobs unless cancelled by you through the Platform. Following the initial Cycle, payments for each subsequent Cycle will be collected prior to the performance of the last session, sub-order or job of the current Cycle.

4.5 Cancellation of any order for Household Services or Recurring Order is subject to our Cancellation Policy at https://sendhelper.com/cancellation.html, as amended from time to time. The Cancellation Policy is deemed incorporated into the Terms of Service by reference to this Clause.

4.6 Fees, rates and charges are subject to change, and we may in our sole discretion, amend or modify the applicable fees, rates or charges. The Service Fee applicable to an order will be displayed on our Platform prior to your submission of an order. Where revised Service Fees and rates affect Household Services that you have previously ordered, we will notify you of such revised fees and rates through the Platform and via email. While any revision to fees, rates or charges will not apply to your current Cycle of Recurring Orders, the revised fees, rates or charges will apply to the automatic renewal of your Recurring Order unless cancelled by you in accordance with clause 4.4 above. We will also post information on changes to all other fees, rates and charges, and any policies affecting such fees, rates and charges, on our Website, and you will be deemed to have accepted such changes by continuing to use the Platform.

5. SENDPAY CREDITS

5.1 We may make available from time to time, account credits which may be redeemed for Household Services over the Platform (“SendPay Credits”) subject to the terms of this clause 5.

5.2 SendPay Credits may be purchased only from us or our authorised partners or granted by us or our authorised partners. SendPay Credits are non-transferable. You must not sell, purchase, trade, transfer, redeem or exchange SendPay Credits for legal tender or any commodity, from or with any other user or third-party.

5.3 You may choose to redeem SendPay Credits by selecting this as your payment method when you make an order for Household Services. Sendpay Credits may not be used as a payment method for Recurring Orders.

5.4 Upon redemption of SendPay Credits, you cannot reverse, cancel, or change the amount of SendPay Credits redeemed.

5.5 SendPay Credits will expire 12 months from the date on which the SendPay Credits were purchased or granted. SendPay Credits are non-refundable, and no refund will be provided for any unused SendPay Credits.

5.6 We have the right to set minimum and/or maximum SendPay Credit redemption requirements, and change the value or conversion rates of SendPay Credits at any time, at our sole discretion, by publishing such changes on our Website

6. DISCLAIMER OF WARRANTIES

6.1 Your use of the Platform is at your sole risk. We disclaim all warranties of any kind, whether express or implied.

6.2 We reserve the right at any time and from time to time to modify and discontinue, temporarily or permanently, any services of the Platform (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of such services.

6.3 We make no warranty that:
• the Platform will meet your requirements;
• the Platform will be uninterrupted, timely, secure and error-free;
• any results that may be obtained from the use of the Platform will be accurate or reliable; and
• the quality of any products, services, information, or other material purchased or obtained by you through the Platform will meet your expectations.

6.4 We cannot and do not endorse, and cannot be responsible for, the messages, views, opinions, and recommendations regarding the Service Partners, or advocate any patronage of any particular Service Partners, nor does the inclusion on the Platform of a link to other website(s) or resources imply any form of endorsement by us.

6.5 While the information on the Platform has been obtained from sources believed to be reliable, none of the data, news, information, reports, or opinions nor any of the recommendations (if any) has been customised for any specific person or class of persons. Therefore, please use the Platform at your own risk.

6.6 By making available information and data on the Platform, including facts, views, and opinions, we and our content providers are not giving or purporting to give or representing or holding themselves out as giving financial, investment, tax, legal and other professional advice. You shall always seek the relevant professional advice before otherwise making any such decisions.

6.7 We may monitor or review any areas on the Platform where you transmit communications with Service Partners for the purpose of promoting its efficiency, usefulness, and appropriateness of use. However, we do not undertake to monitor or review every communication, and we disclaim any and all liability relating to communications between you and Service Partners

7. INDEMNITIES

7.1 You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including attorneys' fees, arising out of or in connection with the Platform, including but not limited to your use of the Platform, use of the Platform by someone using your account and a violation of these Terms of Service by you or by any person using your account.

8. LIMITATION OF LIABILITY

8.1 To the extent permitted by applicable law, we shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, or any damage or loss resulting from:
• the use or the inability to use the Platform;
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received, or transactions entered into through or from the Platform;
• unauthorized access to or alteration of your transmissions or data;
• statements or conduct of any third party on the Platform; and
• any other matter relating to the Platform.

8.2 To the extent permitted by applicable law, in no event shall our aggregate liability exceed the total cash payment for Household Services actually made by you to us in the one (1) month period immediately preceding the event giving rise to any claim by you.

8.3 Any claim of any nature whatsoever by either party against the other party and any action against the other party must be commenced within 2 years after the date on which the cause of action arises, following which the aggrieved party shall have no further claim whatsoever against the other party.

9. PRIVACY POLICY

9.1 All personal data about you is subject to our Privacy Policy at https://www.sendhelper.com/new-privacy.html.

9.2 The Privacy Policy at https://www.sendhelper.com/new-privacy.html is deemed incorporated into the Terms of Service by reference to this Clause.

10. TERMINATION

10.1 We may, without prior notice, at our sole discretion immediately terminate your account (if any). Cause for such termination shall include without limitation:
• breaches or violations of the Terms of Service, Policy of Acceptable Use, or other incorporated documents, guidelines or rules;
• request by law enforcement or other government agencies;
• self-initiated account deletions;
• infringement of intellectual property rights of others;
• discontinuance or material modification to the services on the Platform, or part thereof;
• any unlawful, abusive, threatening or harassing language, behaviour or conduct by you;
• unexpected technical or security issues or problems; or
• extended periods of inactivity.

10.2 Termination of your account shall result in:
• removal of access to and barring of further use to all offerings of the Platform that are associated with such account;
• expiry of any unused SendPay Credits unless otherwise specified by us in writing; and
• deletion of your password and all related information, files and content associated with or inside your account (or part thereof).

10.3 Termination of your account shall be without prejudice to any other rights or remedies we may be entitled to under the Terms of Service, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All materials published or available on the Platform including, but not limited to text, graphics, photographs, designs, code, data, compilations and/or software (collectively, “Content”) are our property or the property of our content suppliers. No Content may be reproduced, modified, adapted, distributed, published, displayed, uploaded, posted, transmitted or hyperlinked in any manner and in any form without our express, prior written approval, and the approval of the respective copyright and trademark holders.

11.2 Upon your upload of Content, you shall grant and hereby grant us a worldwide, royalty-free, irrevocable, fully paid up, sublicensable licence to use, store, host, reproduce, modify, adapt, watermark, communicate, publish, publicly perform, publicly display, create derivative works, and distribute the Content. By uploading the Content, you warrant that you own the copyright of the Content and thus have the requisite rights to license it to us as stated. To the fullest extent permitted by applicable law, you hereby irrevocably waive all moral rights, including rights to be identified, in respect of the Content to which you may be entitled under applicable laws in force anywhere in the world. We shall have the right to watermark the photographs within the Content and the copyright in the final watermarked photographs shall belong solely to us.

11.3 The Platform and Content is for your personal use only, and you may not engage in any dealings with other parties regarding the Platform and Content. Such dealings include commercial dealings and dealings which will adversely affect the commercial value of the Platform.

12. THIRD-PARTY WEBSITE AND SERVICES

12.1 Where the Platform links to any website or service operated by a third party, we shall not be responsible or have any liability for the operation or content of such site or service, or to any changes or updates to such sites. We shall not be responsible to you in relation to any loss or harm caused by such third parties.

12.2 We make no warranties in relation to any third party websites or services and any use of such third party website or services is solely at your own risk. Your use of third party websites or services may be subject to agreements or terms with the third party licensors. It is your responsibility to review and understand any third party terms.

13. GENERAL

13.1 The Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.

13.2 These Terms of Service constitute the entire agreement between us and you in relation to their subject matter and supersede any prior agreements, discussions, representations and undertakings between the parties (whether written or oral).

13.3 No delay or failure by either party to enforce any provision of this Terms of Service will be deemed a waiver or create a precedent or will prejudice its rights. No waiver by either party will be effective unless it is in writing and signed.

13.4 If any term of this Terms of Service is void, unenforceable or illegal, that term is severed. The remainder of this Terms of Service has full force and effect.

13.5 Each party’s rights and remedies provided in this Terms of Service are in addition to other rights and remedies given by law and equity independently of this Terms of Service.

13.6 You must not assign this contract without our prior written consent. We may assign this contract at any time. If we assign this contract, we will notify you of the assignment.

13.7 Any account that you may have with us is not transferrable and any rights to such account will terminate upon your death. Upon receipt of a copy of your death certificate, your account will be terminated and all content that you have generated in your account will be permanently deleted.

13.8 Except as expressly set out in these Terms of Service, any person not a party to the Terms shall acquire no rights whatsoever under the Terms by virtue of the Contract (Rights of Third Parties) Act 2001 or otherwise.

13.9 All notifications to us pursuant to the Terms of Service shall be sent via email to info@sendhelper.com.