Terms And Conditions Of Use

1. Introduction

   Greetings and welcome to Jipaban.com, a quality website brought to you by Jipaban Pte. Ltd (the “Owner”) and/or its affiliates. We recommend that you look through these terms and conditions of use (“Terms and Conditions”) before proceeding with your visit or use of Jipaban.com or any of the services provided on Jipaban.com. By using, accessing or visiting Jipaban.com or any linked pages owned, operated by or affiliated with Jipaban.com (collectively, the “Website”), you agree to be bound by these Terms and Conditions, including any additional guidelines, rules, terms and conditions that the Owner reserves the right to impose from time to time and you agree to use the Website in accordance with these Terms and Conditions. If you do not agree with these Terms and Conditions, you should discontinue your use, access or visit to this Website immediately.

2. Definitions

   “Jipaban”	Refers collectively to Jipaban.com, Jipaban Pte. Ltd, and/or any of its affiliates.
   “Website”	Refers to Jipaban.com or any linked pages owned, operated by or affiliated with Jipaban.com
   “Buyer”	Refers to any individual who registers on the Website under the category of Shopper upon registration. (Collectively as a group known as “Buyers”)
   “Seller”	Refers to any individual or entity who registers on the Website under the category of Retailer upon registration. (Collectively as a group known as “Sellers”)

3. Registration

   In order to access or use certain features of the Website, Jipaban may ask you to provide certain demographic information or register with us on a registration form which will require you to provide personally identifiable information (such as your name, age and an e-mail address you own) and to select a password and user name, which shall consist of an email address you own and use (“User ID”). You agree to provide true, accurate, current and complete information about yourself as prompted by the Website’s registration page. Failure to do so shall constitute a breach of these Terms and Conditions, which may result in immediate termination of your account. Further, you may not: (a) enter, select or use a user name or an e-mail address owned or controlled by another person with the intent to impersonate that person; or (b) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorisation. Jipaban reserves the right to refuse registration of, or cancel a User ID in our sole discretion. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. You agree to notify Jipaban immediately of any unauthorised use of your User ID or password, and ensure that you exit from your account at the end of each session.

4. Use of the Website

   You may not copy or distribute any part of the Website for any purpose without the Owner’s written consent. Jipaban does not control or supervise the content posted by external parties and does not guarantee the accuracy, integrity, legality, reasonableness and quality of such content. Under no circumstances will Jipaban be liable in any way whatsoever for any content provided by an external party, including any errors or omissions in any such content, or any loss or damage of any kind incurred as a result of your reliance or use of any content provided by an external party on this Website or the products which are the subject of such content. You agree that you will not hold Jipaban liable for and you will bear all risks associated with the use of any content provided by a third party, including any reliance on the legality, integrity or accuracy of such content.

   Jipaban also reserves the right to deny access to the Website to any user if Jipadan deems in their sole discretion that the user has violated any of these Terms and Conditions (including the spirit or letter of these Terms and Conditions) or has interfered or will interfere with the ability of others to enjoy this Website or has infringed on the rights of others.

   When posting any content onto the Website, you agree that the following rules apply:

   • (a) you are solely responsible for any content that you submit, publish, post or display on the Website or transmit to other members or users of this Website (the “Posted Content”). You understand and agree that Jipaban has no obligation to supervise and is not responsible for any content submitted, published, posted or displayed by any user or member;
   • (b) you agree that you will only submit, publish, post or display Posted Content (including Personal Information) that you reasonably believe to be true. If there are circumstances which make you suspect that any content is false or misleading, you must not submit, publish, post or display such content or you must remove such Posted Content immediately;
   • (c) you are the owner of any content submitted, published or posted by you, or that you have the owner's express consent to your submission, publication or posting of that content;
   • (d) you may not post any content that: (i) is libellous, defamatory, knowingly false or misleading; (ii) violates the privacy, publicity, moral or any other right of any third party; or (iii) violates any obligation of confidentiality;
   • (e) you may not post or distribute content on or via the Website that: (i) is patently offensive to users of the Website, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) is threatening, abusive, obscene, or insulting to other Website users or any other person; or (iii) harasses or advocates harassment of another person;
   • (f) you may not post content that is pornographic or sexually explicit in nature or contains depictions of violent or sexual acts;
   • (g) you may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
   • (h) you may not post any content that falsely states or implies that such content is sponsored or endorsed by Jipaban;
   • (i) you may not provide any content that is unlawful or facilitates the violation of any applicable law or that promotes or encourages illegal activity or violates any third party rights; and
   • (j) you may not use the Website to make offers or disseminate any fraudulent goods, services, schemes, or promotions, including any make-money-fast schemes, chain letters, or pyramid (ponzi) schemes.

   You agree that you shall not (and you agree not to allow any external party to):

   • (a) use our Website if you are not unable to form legally binding contracts;
   • (b) modify, adapt, translate, or reverse engineer any portion of the Website;
   • (c) frame or inline link any of the content of the Website, or incorporate into another website or other service any of Jipaban’s content or intellectual property, without Jipadan’s prior written permission; however, you may establish a hypertext link to your website so long as the link does not state or imply any sponsorship of your website by Jipaban;
   • (d) remove any copyright, trademark or other proprietary rights notices contained in or on the Website or in or on any content or other material obtained via the Website;
   • (e) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website;
   • (f) access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of online shops;
   • (g) create user accounts by automated means or under false or fraudulent pretences;
   • (h) create or transmit unwanted electronic communications such as spam or chain letters to other users or members of the Website or otherwise interfere with other users' or members' enjoyment of the Website;
   • (i) distribute or transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature that may harm Jipaban, or the interests or property of the users of the Website;
   • (j) use of the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including any that are deemed threatening or obscene;
   • (k) copy or store any content offered on the Website for any purpose not expressly permitted herein;
   • (l) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website, including using any technology to manipulate the price of any item or interfere with other user's postings;
   • (m) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our information technology infrastructure;
   • (n) circumvent or manipulate our fee structure, the billing process, or fees owed to Jipaban;
   • (o) use the Website intentionally or unintentionally, to violate any applicable local, state, national or international law;
   • (p) harvest, collect or store personal data (including e-mail addresses) of other users without Jipaban’s prior written consent; or
   • (q) take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Website or using it for purposes unrelated to Jipaban).

     Jipaban endeavours to keep the Website working properly and the community safe. Please report any possible or actual problems, offensive content or policy or legal (including any intellectual property rights) violations to us.

     Jipaban reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates the Terms and Conditions, including without limitation, removing the offending Posted Content or other content on this Website and terminating the membership of violators or blocking their use of the Website. Jipaban reserves the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

5. Buyer – Seller Relationship

   Buyers and Sellers share the responsibility for making sure purchases facilitated by the Website are rewarding, thrilling and hassle-free.

   Buyers and Sellers agree that the Website is only a platform to facilitate transactions online between the Buyers and Sellers. Jipaban is not and will not be regarded as a party to any contracts or agreements entered into between any Buyer and Seller through the use of the Website. Jipaban is not responsible for the validity, quality, safety, accuracy, timeliness, legality, reliability or any other aspect of any products or services offered on this Website by the Sellers or by other external parties, including the ability of Sellers to sell their products and/or services or the ability of Buyers to pay for the products and/or services. Jipaban is not responsible for ensuring that Buyers and Sellers actually complete a transaction. Buyers and Sellers agree and accept sole responsibility for the legality of their actions under laws applicable to them. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website and services.

   Buyers agree that you will not hold Jipaban liable for and you will bear all risks and any loss or damage arising from the use of or reliance on any products or services provided by the Sellers or by other external parties. Sellers agree that you will not hold Jipaban liable for and you will bear all risks and any loss or damage which may arise from, but not limited to, any non-payment of purchases by any Buyers. Jipaban is also not responsible or liable for the privacy and data collection practices of any Seller that obtains information from you in the course of your visit to that Seller’s online shop or any purchase transaction you may undertake on with that Seller.

1. Fees and Services

   Joining the Website as a Buyer is free. We do charge fees for joining the Website as a Seller. When using a service that has a fee you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time. Changes to chargeable fees are effective after we provide you with at least fourteen days' notice by way of notification on the Website and/or email. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Website.

   Unless otherwise stated, all fees are quoted in Singapore Dollars. You are responsible for paying all fees and applicable taxes associated with our Website and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes retaining collection agencies and legal counsel,)

2. Intellectual Property Rights

   This Website and all the materials available on the Website are the property of Jipaban and are protected by copyright, trademark, and other intellectual property laws. You may not use the Website or the materials or services available on the Website in a manner that constitutes an infringement of our rights or that has not been authorised by us or is otherwise contrary to any applicable laws.

   When you submit or post any content, you are granting Jipaban, and anyone authorised by Jipaban, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully paid up, fully sub-licensable, worldwide license to use, display, copy, modify, transmit, sell, exploit, create derivative works from, incorporate into other works, distribute, and/or digitally perform or publicly perform or display such content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. This license is non-exclusive, except that you agree that Jipaban shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Website users for the purposes of constructing or populating a database for the benefit of any party which may be authorised by Jipaban.

   The foregoing grant shall include the right to exploit any proprietary rights in such Posted Content or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Jipaban, and anyone authorised by Jipaban, the right to identify you as the author of any of your postings or submissions by name, e-mail address or screen name, as we deem appropriate. Jipaban is under no obligation to give credit or pay any consideration for your Posted Content.

3. Disclaimers

   The information, products, services displayed on or through this Website are provided on an “as is” basis and without warranties or representations of any kind either express, statutory or limited. To the fullest extent permissible under the applicable law, Jipaban disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchant ability and fitness for a particular purposes and non-infringement. Jipaban does not warrant that the Website or any of its Services or functions will be uninterrupted, error-free or always available, that defects will be corrected, are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the result of the use of the Website, its Services or Posted Content or other information displayed on the Website in terms of their correctness, accuracy, timeliness, reliability or otherwise.

   Throughout the Website, Jipaban may provide links and pointers to websites maintained by third parties. Jipaban’s linking to such third-party websites does not imply an endorsement, guarantee, approval or sponsorship of such websites, or the information, products or services offered on or through such websites. Users should direct any concerns regarding any externally linked websites to its website administrators or webmasters.

4. Indemnity

   You agree to indemnify and hold Jipaban, its related corporations, affiliates, officers, employees and servants, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Website, (ii) your use of any of the services, (iii) the violation of these Terms and Conditions by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

5. Limitation of Liability

   Under no circumstances, including, but not limited to, negligence, shall Jipaban, its related corporations and its affiliates be liable for any direct, indirect, incidental, punitive, special or consequential damages, including lost profits, business interruption and/or loss of information and data, that results from the use of, or the inability to use, the Website, or any third party products or services made available through this Website, even if we are advised beforehand of the possibility of such damages. In countries which do not allow the exclusion or limitation of certain categories of damage, Jipaban’s (including its related corporations’ and its affiliates’) liability is limited to the fullest extent permitted by such country’s laws.

6. Release

   If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

7. Privacy Policy

   To Jipaban, your privacy is of utmost importance. Hence, Jipaban wishes to let you know what information Jipaban collect when you visit the Website, how Jipaban collect such information, and how Jipaban use such information. By accessing the Website, you consent to the data practices described below. Please note that Jipaban may periodically make changes to the privacy policy stated in Paragraph 12 of this Terms and Conditions. As such, please remember that it is your responsibility to review Paragraph 12 frequently and remain informed about any changes.

   • (a) Information Jipaban may collect from you and how does Jipaban collect such information

   Jipaban may periodically request at times that you voluntarily supply us with personal information. For example upon registration at the Website, personal information which may include any information that may be used to identify an individual, including, but not limited to, a first and last name, home or other physical address, an email address, phone number(s) and other contact information may be required from you. Jipaban may also request information about your interests and activities, your gender and age, and other demographic information as well as public information such as user ratings and reviews and other information you view on the Site.

   Some of the information collected by Jipaban may not be explicitly submitted by you as Jipaban also automatically receives and records information on its server logs from your browser, including your IP address, cookie information, the web pages you request, your browser type and language, access times, and the referring web site address. For example, when you visit the Website, Jipaban may assign your computer one or more cookies, to facilitate access to our Site and to personalize your online experience. Through the use of a cookie, Jipaban may also automatically collect information about your online activity on the Website, which may include, but not limited to, the Sellers you have visited, the products you have browsed or purchased, and the searches you have conducted on the Site. Generally, most browsers will automatically accept cookies, but you may choose to modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on the Website. The information Jipaban obtain in this manner enables Jipaban to customize the services offered by i) the Website and ii) the Sellers on the Website, so as to better cater to your needs and to measure the overall effectiveness of our Sellers, content and other activities.

   • (b) How Jipaban may use your information

In general, Jipaban may use information from you for the following purposes:

• • perform research and analysis about your use of the Website, types of products you may be interested in or your shopping patterns. Such research and analysis may be disclosed to the Sellers or to any third parties which in Jipaban’s sole discretion may deem fit for the purpose of upgrading the Sellers’ services, contents or products which may be offered from time to time;
• • manage your account and provide you with customer support;
• • communicate with you by e-mail about products or services that may be of interest to you either from us or other third parties;
• • develop and display content tailored to your interests on the Website;
• • verify your eligibility and deliver prizes in connection with any contests and giveaways that the Website may have;
• • enforce the Terms and Conditions;
• • give away product samples to Buyers who are willing to have their personal information shared with the Sellers from time to time;
• • manage our business; and
• • perform functions as otherwise described to you at the time of collection.

Generally, Jipaban will not share your personal information with others except for purposes relating to the function of the Website, or when Jipaban inform you and give you an opportunity to opt out of having your personal information shared.

However, from time to time information such as your full name, profile photo and any personally identifiable information you have included in your profile or ratings may be shown to other users primarily in conjunction with product reviews and ratings you have contributed. In such a case, your personal information may be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. As Jipaban cannot control who reads your posting or what other users may do with the information you voluntarily post, Jipaban strongly encourage you to exercise discretion and caution with respect to your personal information. Please note that by accepting this Terms and Conditions, you consent that Jipaban will not be liable for any loss or damages which may arise from such situations.

Jipaban may also disclose your personal information in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement agency or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, Jipaban may raise or waive any legal objection or right available to us.

Jipaban may disclose your personal information when Jipaban believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce the Terms and Conditions.

Jipaban may disclose your personal information in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. The personal information which you provide to us is an asset of Jipaban and may be included in the assets transferred in the event of a substantial corporate transaction.

From time to time, Jipaban may use your information for new, unanticipated uses not previously disclosed in this Terms and Agreements. If the policy relating to the collected information changes at some time in the future, Jipaban will post the policy changes on the Website to notify you of these changes. Jipaban will only use the data collected from the time of the policy change for any new purpose. If you are concerned about how your information is used, you may wish to contact Jipaban with your further queries.

• (c) How Jipaban protect your personal information

  Jipaban will take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For instance, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. In addition, Jipaban have firewalls to help prevent unauthorized persons from gaining access to your personal information. However, although Jipaban take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure.

8. No Agency

   No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

1. Resolution of Disputes

   If a dispute arises between you and Jipaban, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Jipaban agree that we will resolve any claim or controversy at law or equity that arises out of this Terms and Conditions or our services (a "Claim") in accordance with one or more of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

   • (a) Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of Singapore. You agree that any claim or dispute you may have against Jipaban must be resolved by a court located in Singapore, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Singapore for the purpose of litigating all such claims or disputes.
   • (b) Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than S$10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
   • (c) Improperly Filed Claims - All claims you bring against Jipaban must be resolved in accordance with Paragraph 14 of this Terms and Conditions. All claims filed or brought contrary to Paragraph 14 of this Terms and Conditions shall be considered improperly filed. Should you file a claim contrary to Paragraph 14 of this Terms and Conditions, Jipaban may recover attorneys' fees and costs up to S$3000, provided that Jipaban has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.