Terms of Service
Last updated: January 01, 2018
These Terms of Service (“Terms”) govern your use of and access to features and services available through http://www.http://gugu.sg (“Website”, “Service(s)”) operated by PHIL ESTEN ENTERPRISE PTE. LTD. Registration No.: 201635083R (“Gugu”, “us”, “we”, or “our”).
About the Service.
We are providing online market place for users who wish to advertise sale of pets and pets accessories, pets stores, home boarding, house sittings, dog walking, or other services related to pets, and users who wish to purchase such products or services.
We reserve the right to make updates or modification to the Website from time to time and to change the availability of any of the features or services.
Free Use. You may use our Website by creating an Account (“Account”). Posting advertisements and using the Website for allowed purposes, is free and does not require payment of a fee.
Access to our Services
Eligibility. In order to be eligible to use our Services, you must be 18 or older, and to maintain a legal ability to enter in a binding contract with us. You confirm that you are of legal age, or that you have a consent from your parent or guardian and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
Content (User Content and Website Content)
User Content. By accessing our Services, you will be allowed to allocate certain content to your Account and the Services. “User Content” means all advertisements, information, data, video, images, text, documents or other materials of any type that you upload, post, email, transmit, submit or otherwise make available to or through the Website.
All User Content is the sole responsibility of the User from whom such User Content originated. This means that you are entirely responsible for all the User Content that you upload, post, email, transmit, submit or otherwise make available via the Website. Gugu will not be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, emailed, transmitted, submitted or otherwise made available via the Service.
Please use our Services only to allocate the User Content you’re allowed to use. You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services. If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. User Content on the Services may be protected by others’ intellectual property or other rights, so please don’t copy, upload, download or share content unless you have the right to do so.
The User Content will stay within your property. However, by registering for our Services, you grant to Gugu a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use the User Content you provided for the purposes of providing and improving Website.
Website Content. Except if in these Terms otherwise noted, the information, materials (including, without limitation to, HTML, text, audio, video, data sheets, Services descriptions, software and FAQs and any other content) available on this Website and/or the Service (collectively, “Website Content”) are the copyrighted works of Gugu and its licensors, and Gugu and its licensors expressly retain all right title and interest in and to the Website Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Service, any use of the Website Content may violate copyright and/or other applicable laws.
Limited License. Upon proper registration and opening of an Account, and subject to all of the terms set in these Terms of Service, Gugu hereby grants to you the personal, limited, non-transferable right and license to use the Service and Website Content, solely for your own internal business purposes in connection with the Services, until either you or Gugu elect to terminate such right in accordance with these Terms of Service.
Users are required to gather all the required information from the other party before making the purchase. Gugu does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any product, animal or services advertised on the Website, or the truth or accuracy of the User Content posted on the Website.
You may use your Account for the Services only in accordance with these Terms of Service and only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Service.
If you are meeting with other user discuss the details of the purchase, take all precaution measures to keep yourself safe. We will not be responsible for the outcome of any relationship that may or may have not arisen between you and any other User.
Prohibited Conduct. It is specifically prohibited to use the Website or the Services for: (i) posting any (1) advertisement and/or any other information which is incomplete, false, inaccurate or not your own, (2) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it, (3) material that infringes on any other intellectual property, privacy or publicity right of another, (4) impersonating another person; (5) engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol; (6) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (7) attempting to interfere with the function of the Website, the Service, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (8) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of the Website’s or Gugu’s system or network security may result in civil or criminal liability.
Disclaimer of Warranties. The Services are provided “as is.”
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
WE, OUR SUBSIDIARIES, AFFILIATES, AND OR LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION IN A TIMELY MANNER, ERROR-FREE, UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
We reserve the right to, at any time, in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) change the Services and their functionality; (b) restrict access to or use of parts or all of the Services; (c) suspend or discontinue parts or all of the Services; (d) terminate, suspend or restrict your access to or use of parts or all of the Services; (e) terminate, suspend or restrict access to your Account; and (f) change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GUGU BE LIABLE WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT FOR:
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES; (C) ANY DAMAGES RELATED TO YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION INTERRUPTION OF USE OR CESSATION OR MODIFICATION OF ANY ASPECT OF THE SERVICES; (D) ANY DAMAGES RELATED TO LOSS OR CORRUPTION OF ANY CONTENT OR DATA, INCLUDING WITHOUT LIMITATION USER CONTENT DATA; (E) ANY USER CONTENT OR OTHER CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY USING THE SERVICES, INCLUDING WITHOUT LIMITATION DEFAMATORY, OFFENSIVE OR UNLAWFUL CONDUCT OR CONTENT; OR(F) ANY THIRD PARTY SERVICES OR THIRD PARTY SITES ACCESSED VIA THE SERVICES, WHETHER SUCH LIABILITY ARISES FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE
To the fullest extent permitted by law, you agree to indemnify and hold harmless Gugu from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys’ fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content; c) any claims from your end Users; and (d) your violation of any law or regulation or the rights of any third party.
You agree that prior to filing any claim against Gugu relating to or arising out of these Terms you will first contact us at email@example.com to provide us with an effort to resolve the issue in an informal manner. We’ll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you or Gugu may then bring a formal proceeding.
All trademarks, service marks and logos included on the Website (“Marks”) are the property of Gugu or third parties, and you may not use such Marks without the express, prior written consent of Gugu or the applicable third party.
Termination of account (deletion of the User Content)
This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact us and notify us that you want to stop using the Services. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re violating these Terms. All sections of this Agreement that by their nature should survive termination – shall survive termination, including, without limitation User Content, Intellectual Property, Disclaimers of warranty, Limitation of Liability, Indemnification, Dispute Resolution and Governing Law.
We respect the intellectual property rights of others, and respond to any claim that content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person. If you are a copyright owner, or authorized on behalf of one, and you believe that the content posted on our Website or through the Services has been copied in a way that constitutes copyright infringement, you must submit your notice in writing to the attention of “Copyright Infringement” of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
The Service and its original content (excluding User Content), features and functionality are and will remain the exclusive property of Gugu and its licensors. The Service is protected by copyright, trademark, and other laws, and our trademarks may not be used in connection with any product or service without the prior written consent of Gugu.
Links to other websites
Our Services may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Gugu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.
These Terms of Service will be governed by and construed in accordance with the laws of the Singapore, without reference to its conflict of laws principles. All disputes arising out of or relating to this Agreement will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Singapore, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.
Contact us If you have any questions about these Terms or our services, please contact us via email at email@example.com