TERMS & CONDITIONS
This is an agreement between the Merchant (as defined below) and Singapore Telecommunications Ltd (this “Agreement”).
In this Agreement:
- “99%SME” encompasses all intellectual property and promotional materials created by Singtel for the campaign
- “Campaign” means the Singtel 99%SME Campaign.
- “Customer” means one or all of the persons who have purchased the Products from the SME via the 99%SME “Website”.
- “Merchant” or “You” means SMEs who are participants of the 99%SME Campaign and parties to this Agreement.
- “Offers” refer to the Products listed by the SME on the Website.
- “Products” shall include all goods and services provided by the SME to the “Customer”.
- “Relatives” encompass all family members that include but are not limited to immediate family members, cousins, uncles, aunts, etc.
- “Singtel” means Singapore Telecommunications Ltd and its related companies and agents acting on their behalf regarding the Campaign.
- “Small Medium Enterprise” (“SME”) comprises all companies with an annual sales turnover of not more than SGD 100 million OR an employment size of not more than 200 workers.
- “Website” refers to www.99sme.sg.
All Merchant applicants must currently be a registered SME under the Accounting & Corporate Regulatory Authority (“ACRA”) of Singapore, with a valid business registration number and in good standing.
- CONTRACT TERM
This agreement will start once You have accepted our terms and conditions and will end on the day following the last day of the Campaign.
- DATA POLICY
You hereby acknowledge and agree to our data protection policy (hyperlink to https://www.singtel.com/data-protection ) and that Singtel may contact You via mail, email and telephone with more information regarding its services or for marketing purposes.
- True and Correct
In submitting your information, the Merchant declares that all information given is true and correct.
5.2.1 Singtel is the sole and exclusive owner of the 99%SME Campaign.
5.2.2 Singtel reserves all rights to the Campaign name and logo. This Agreement does not grant the Merchant the right to use the trademarks, trade names, service marks or other proprietary marks of 99%SME (“Marks”) without prior written approval of Singtel.
5.3 Lawful usage
You acknowledge and agree not to use the Website for purposes which contravene any applicable law.
6 PRODUCT OFFER DETAILS, ORDERS & DELIVERY
6.1 Offer Details
6.1.1 All Offers made must be genuine, bona fide and based on the original prices of the Merchant. Any discounts found by Singtel to be sham or deceptive and any promotions that are not appropriate will be disqualified by Singtel in its sole discretion.
6.1.2 All Offers shall not contravene any applicable law.
6.1.3 Prices quoted are subject to prevailing GST and Service Charge where applicable.
6.1.4 Singtel reserves the right to amend, reject or remove all submitted Offers without prior notification.
6.1.5 All Offers are bound by the terms and conditions of the respective Merchants but subject always to the terms and conditions of this Agreement.
6.1.6 Singtel is not an agent of the Merchants and makes no representation as to the quality of the Products provided.
6.1.7 All disputes about quality or performance of the Products should be resolved directly between Customer and the Merchant.
6.1.8 The Merchant shall ensure that they handle all enquiries and provide feedback to the Customers with regards to the quality of their Products.
6.1.9 Singtel and the respective Merchants reserve the right to vary the terms and conditions governing the Offers.
6.1.10 The Merchant shall remain subject this Agreement at all times until the end of the Campaign.
6.1.11 Images used on the Website, if any, are for illustration purposes only.
6.2.1 Merchant shall ensure the accuracy of in processing Customers’ Orders. The orders shall be deemed final & binding once payment is made.
6.2.2 For the purpose of this Clause 6.2, “Information” means information collected during the registration process from the Customers which may contain personal data.
6.2.3 Customer shall ensure the accuracy of the information when submitting Orders.
6.2.4 The orders shall be deemed final & binding once payment is made.
6.2.5 Merchants acknowledge and agree that Information collected is for the sole purpose of identity verification and order fulfilment.
6.2.6 Merchants shall not use the Information for any other purpose whatsoever other than for the fulfilment of the orders.
6.2.7 Merchants are required to seek Customers’ consent should they wish to reach the Customers for any other purposes other than for the fulfilment of the orders (e.g. marketing, EDM, etc)
6.2.8 Merchant reserves the right to accept or reject submitted Orders. When an order is rejected, the Merchant shall immediately notify the customer (such date of notification, the “Notification Date”).
6.2.9 Merchants shall ensure that they fully refund the Customers any and all amounts paid before the Notification Date, within 3 business days from the Notification Date in situations where the order cannot be fulfilled.
6.2.10 To ensure that they shall make reconstitution where applicable within the timeframe as agreed with the Customer.
6.3.1 The Merchant shall make arrangements with the Customers for the delivery of their Products.
6.3.2 Singtel is not an agent of the Merchant and makes no representation as to the quality of the delivery service provided.
6.3.3 The Merchant shall resolve any disputes with regards to the quality or performance of their Products directly with the Customer.
6.3.4 The Merchant shall directly handle all feedback by the Customer or any third party with regards to their Products’ quality.
7.1 Singtel reserves the right to modify the terms of this Agreement at any time without prior notice to the Merchant.
8 OBLIGATIONS OF MERCHANT
The Merchant agrees:
8.1 to inform Singtel of any marketing activities in connection with this Agreement;
8.2 to obtain Singtel’s prior approval on all artwork planned to be used in the said marketing activities referred to in Clause 8.1 above and not use the Campaign name or logo or associate itself with the Campaign in any other way than as specifically provided under this Agreement;
8.3 not to share, divulge or disclose the existence or any details of this Campaign with any third party without the prior written approval of Singtel;
8.4 not to do anything which, in Singtel’s reasonable opinion, would impair the public image of Singtel;
8.5 not to use any trademarks or logos belonging to Singtel without the prior written consent of Singtel;
8.6 to provide such other assistance and do such other acts and things as Singtel may reasonably require in connection with this Campaign.
8.7 to use customer data for the sole purpose of order fulfillment and to seek consent of customer should the data be used for other purposes.
8.8 to be responsible for the safe keeping of the customer personal data and to comply with the Singapore PDPA regulatory requirement to protect, retain and remove the customers’ personal data.
9 SERVICE LEVEL AGREEMENT
The Merchant shall:
9.1 accept or reject orders from the Customer within 1 business day from time of order placed. If the Merchant fails to do so, the Merchant shall ensure that the Customer has the right to deem that the Merchant has rejected the order and the Customer may proceed to initiate recovery of the payment made;
9.2 fulfill the order from Customer within the timeframe advertised;
9.3 make reconstitution where applicable within the timeframe as agreed with the Customer;
9.4 immediately notify the Customer in cases where they are unable to fulfill the order, (such date of notification, the “Notification Date”);
9.5 fully refund the Customers any and all amounts paid before the Notification Date within 3 business days from the Notification Date in situations where the order cannot be fulfilled;
9.6 maintain and keep the information of the Offers listed and/or uploaded on the Website up-to-date.
10.1 The Merchant must not discriminate against Customers or provide different Products based on colour, race, national origin, sex, age, or physical or mental disabilities.
10.2 The Merchant must serve Customers on a first-come-first-served basis and not give special priorities to Relatives or friends.
11 LIMITATION OF LIABILITY
11.1 Singtel shall not be liable to the Merchant for any direct or indirect loss or damages howsoever caused or arising under or in connection with this Agreement or the Campaign.
11.2 The Merchant shall indemnify Singtel against any and all costs, expenses, loss and liability suffered or incurred by Singtel arising from or under this Agreement; or from any claim that Singtel’s exercise of its rights under this Agreement breaches the intellectual property rights of another party; or from any breach of this Agreement or Law, or any act or omission of the Merchant that causes Singtel to breach any Lawor any negligent or unlawful act or omission of the Merchant or its personnel.
12 MERCHANTS’ CONTRACTS WITH PARTNERS OF THE CAMPAIGN
12.1 The Merchant acknowledges that if it enters into any contracts directly with Singtel’s partners in the Campaign for any reason in relation to or in connection with the Campaign (“ External Contracts ”), Singtel shall not be liable to the Merchant for any direct or indirect loss or damages howsoever caused or arising under or in connection with the External Contracts.
12.2 The Merchant further acknowledges that it shall be wholly and solely responsible for carrying out all its obligations and/or responsible under any External Contracts and that Singtel is not obliged to assist the Merchant with fulfilling any of its obligations and/or responsibilities under the External Contracts.
13.1 Singtel reserves the rights to terminate the Campaign without prior notice.
13.2 Singtel will not be held responsible for any losses and or cost incurred from the Merchant’s participation in the Campaign arising from its termination.
13.3 This Agreement shall automatically terminate when the Campaign is terminated.
13.4 Singtel reserves the right to terminate this Agreement at any time with written notice to the Merchant.
14 FAILURE TO COMPLY
14.1 Should the Merchant fail to comply with the terms and conditions of this Agreement, the Singapore Code of Advertising Practice or any and all applicable laws, they shall not be eligible for participation in the Campaign.
14.2 Should the Merchant fail to comply with the terms and conditions of this Agreement, Singtel reserves the right to terminate and/or suspend the Merchant’s participation in the Campaign without prior notice.
14.3 The Merchant shall ensure that it pays all amounts due and owing to any Customer or Singtel within 3 business days of exiting the Campaign.
15.1 This Agreement will be governed by the laws of the Republic of Singapore.
15.2 The failure of either party at any time to insist on performance of any part of this Agreement is not a waiver of its rights to later insist on performance of that or any other provision of this Agreement.
15.3 If part of any clause of this Agreement is illegal or unenforceable it will be severed from this Agreement but this will not affect the continued operation of the remaining provisions of this Agreement.
15.4 Nothing in this Agreement constitutes a relationship of agency, partnership or joint venture between the Merchant and Singtel.