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Terms of Use

Last updated – 11 March 2021

Please read carefully

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND POPPINSPREE PTE LTD. (Company Reg. No. ) registered place of business at 68 Circular Road #02-01 Singapore 049422. This agreement constitutes a binding legal agreement between you and POPPINSPREE PTE LTD. (“POPPINSPREE,” “we,” “us,” and “our”). In these Terms, the words “including” and “include” mean “including, but not limited to.”

Poppinspree Pte Ltd and/or its Affiliates (“Poppinspree”) provide ecommerce website features and other products and services to you when you visit or shop at poppinspree.com, use Poppinspree products or services, use Poppinspree mobile applications (app), or use software provided by Poppinspree in connection with any of the foregoing (collectively, “Poppinspree Services”). For purposes of these Terms of Use, “Affiliate” means any entity that directly or indirectly Controls, is Controlled by or is under common Control with Poppinspree. “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of an entity, whether through the ownership of voting securities or otherwise. Poppinspree provides the Services subject to the following conditions:

By using our Services, you agree to these conditions. Please read them carefully.

Poppinspree is an online marketing & sales agent and is not a party to the sales transaction. We offer a wide range of Poppinspree Services, and sometimes additional terms may apply. When you use our Service (for example, Spree Surprises) you also will be subject to the guidelines, terms and agreements applicable to that Service (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will supercede.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Poppinspree Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

POPPINSPREE SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Poppinspree Services (the “Poppinspree Software”).

  1. Use of the Poppinspree Software. You may use our Software solely for purposes of enabling you to use the Poppinspree Services as provided by Poppinspree, and as permitted by these Terms of Use and any Service Terms. You may not incorporate any portion of the Poppinspree Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Poppinspree Software in whole or in part. All software used in any Poppinspree Service is the property of Poppinspree or its software suppliers and is protected by Singapore and international copyright laws.
  2. Use of Third Party Services. When you use the Poppinspree Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Poppinspree Software, whether in whole or in part.
  4. Updates. We may offer automatic or manual updates to the Poppinspree Software at any time and without notice to you.
  5. Conflicts. In the event of any conflict between these Terms of Use and any other Poppinspree or third-party terms applicable to any portion of Poppinspree Software, such as open-source licence terms, such other terms will control as to that portion of the Poppinspree Software and to the extent of the conflict.

Electronic Communications

When you use Poppinspree Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other such Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any Poppinspree Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Poppinspree or its content suppliers and vendors; and protected by Singapore and international copyright laws. The compilation of all content included in or made available through any Poppinspree Service is the exclusive property of Poppinspree and protected by Singapore and international copyright laws.

Licence and Access

Subject to your compliance with these Terms of Use and any Service Terms, and your payment of any applicable fees, Poppinspree or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Poppinspree Services. This licence does not include any resale or commercial use of any Poppinspree Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Poppinspree Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Poppinspree or its licensors, suppliers, publishers, rightsholders, or other content providers. No Poppinspree Service, nor any part of any Poppinspree Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Poppinspree. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Poppinspree without express written consent. You may not use any meta tags or any other “hidden text” utilizing Poppinspree’s name or trademarks without the express written consent of Poppinspree. You may not misuse the Poppinspree Services. You may use the Poppinspree Services only as permitted by law. The licences granted by Poppinspree terminate if you do not comply with these Terms of Use or any Service Terms.

Your Account

You must use your own Poppinspree account to use certain our Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

Poppinspree does sell children’s products and adult products, but it sells only to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Poppinspree Services only with involvement of a parent or guardian.

Alcohol listings are intended for adults. You must be at least 18 years of age to purchase alcohol, or use any site functionality related to alcohol. Poppinspree reserves the right to refuse service, terminate accounts, terminate your rights to use our Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Poppinspree reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Poppinspree a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Poppinspree and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Poppinspree for all claims resulting from content you supply. Poppinspree has the right but not the obligation to monitor and edit or remove any activity or content. Poppinspree takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss

All purchases of physical items from Poppinspree are made pursuant to a shipment contract. This means that your item is subject to a risk of loss and for such items pass to you upon our delivery to the carrier.

Product Description 

Poppinspree attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of any Poppinspree Service is accurate, complete, reliable, current, or error-free. If a product offered by Poppinspree itself is not as described, your sole remedy is to return it in unused condition.

Customs Duties & Taxes

If the country of the merchant is different from the country of the buyer, the buyer is considered the importer of record and must comply with all laws and regulations of the country in which the buyer is receiving the goods.

Buyers should make sure that they can lawfully import the item into the buyer’s country before purchasing the item. Buyers may be subject to import duties and taxes, which are levied once a shipment reaches the buyer’s country. In principle, additional charges for customs clearance must be borne by you if not specified otherwise in the item detail page explicitly; we have no control over these charges and cannot predict what they may be.

Customs policies vary widely from country to country–please contact your local customs office for further information. Your privacy is important to us, and we know you care how information about your order is used and shared. Please be aware that international cross-border shipments are subject to opening and inspection by customs authorities.

Also, the company or merchants may provide certain order, shipment, and product information–such as titles–to our or their international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require us or merchants to state the value of the purchased item directly on the package

Sanctions and Export Policy

You may not use any Poppinspree Service if you are the subject of Singapore or U.S. sanctions or of sanctions consistent with Singapore or U.S. law imposed by the governments of the country where you are using Poppinspree Services. You must comply with all Singapore, U.S. or other export and re-export restrictions that may apply to goods, software (including Poppinspree Software), technology, and services.

Force Majeure

Poppinspree shall not be liable for any failure or delay in performance hereunder which may be due, in whole or in part, to fire, explosion, earthquake, storm, flood, drought or other adverse weather condition, accident, casualty, breakdown of machinery or facilities, strike, lockout, combination of workmen or other labor difficulties (from whatever cause arising, and whether or not the demands of the employees are reasonable or within Poppinspree’s power to grant), war, civil disturbance, acts of terrorism, insurrection, riot, act of God or the public enemy, law, act, order, proclamation, decree, regulation, ordinance, instruction or request of Government or other public authorities, judgment or decree of a court of competent jurisdiction, delay or failure of carriers, shippers or contractors, labor shortage or inability to obtain transportation, equipment, operating materials, plant equipment or materials required for our performance, curtailment or suspension of operations to remedy or avoid an actual or alleged violation or violations of Federal, State or local law, as may be in effect from time to time during the Agreement period, or any contingency or delay or failure or cause of any nature beyond the reasonable control of Poppinspree, whether or not of the kind hereinabove specified and whether or not any such contingency is presently occurring or occurs in the future. Poppinspree shall give notice of any force majeure event as soon as reasonably practicable by giving notice to your administrative email account.

Other Businesses

Parties other than Poppinspree ecommerce stores, provide services or software, or sell product lines through the Poppinspree Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Poppinspree. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Poppinspree does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other Terms of Use.

No Agency

No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Terms of Use Agreement. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created between the Poppinspree and any buyer or merchant

On-Demand Spree Surprise 

Acceptance of Terms 

  • By electing the On-Demand Spree Surprise Delivery Option, you acknowledge that you have selected the Express Courier or Immediate Delivery Option and you have read, understood, and agree to be bound by these Shipping & Delivery Terms & Conditions.
  • Express Courier & Immediate Delivery Option
  • Poppinspree provides an Express Courier & Immediate Delivery option in qualifying geographic areas.
  • The “Immediate Delivery” option is defined as a delivery courier service with a transit time of 3 -5 hours from the time of Purchase Order and fulfilled by Poppinspree, with a cutoff time of 2300 hrs local time Monday through Sunday.
  • The Express Courier & Immediate Delivery Option is only available in select Postal codes in the Singapore, the list of which is available upon request. Poppinspree reserves the right to modify such list of qualifying Postal codes in its sole discretion and shall not be required to provide you with notice of any such modifications. The qualifying Postal codes may also fluctuate in connection with the amount of your on hand inventory.
  • Poppinspree will be responsible for dispatch, pick up and deliver your orders within the time frame set forth above.
  • During peak season (defined as the dates on Valentine’s Day, Christmas Eve, New Year’s Eve and Chinese Lunar New Year Eve), a transit time of 6 hours may be impacted by changes to delivery courier SLAs.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE POPPINSPREE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE POPPINSPREE SERVICES ARE PROVIDED BY POPPINSPREE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

POPPINSPREE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE POPPINSPREE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE POPPINSPREE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE POPPINSPREE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, POPPINSPREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY. POPPINSPREE DOES NOT WARRANT THAT THE POPPINSPREE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE POPPINSPREE SERVICES, POPPINSPREE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM POPPINSPREE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULL EXTENT PERMISSIBLE BY LAW, POPPINSPREE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY POPPINSPREE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY POPPINSPREE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Indemnification

You shall defend, indemnify, and hold harmless Poppinspree from and against any claims, actions or demands, liabilities (including court costs and attorney’s fees), tax obligations, fines and penalties, including without limitation reasonable legal and accounting fees and expenses, arising or resulting from: (a) your breach of this Agreement, (b) any of Your Content, (c) your negligence, fault, omissions, or willful misconduct, (d) your fraud or misrepresentation in connection with the Services or with your access, contribution to, or use of the Services, or (e) your misuse of the Services (“Claims”).

Poppinspree shall provide notice to you of any claim. Poppinspree reserves the right to assume the exclusive defense and control of any third-party Claims which are subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Poppinspree’s defense of such Claim. This indemnity shall include, without limitations, all Claims in tort, contract, by statute or otherwise, including Claims for personal injury (including death) and actual or tangible property damage.

Dispute Resolution

YOU AGREE THAT YOUR USE OF SERVICES CONSTITUTES A TRANSACTION IN INTERSTATE COMMERCE AND THAT
Any claim or controversy arising out of or relating to the use of this website or to any acts or omissions for which you may contend Poppinspree is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration PURSUANT TO THE SINGAPORE ARBITRATION ACT (CHAPTER 10). This section is deemed to be a written agreement to arbitrate pursuant to the Singapore Arbitration Act and is intended to satisfy the writing requirement thereunder.

YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

The arbitration will be held before one arbitrator under the arbitration rules of the Singapore International Arbitration Centre (“SIAC.org.sg”) in force at that time. The arbitration will be conducted in Singapore. The arbitrator will be selected pursuant to the SIAC rules. Should no SIAC rule regarding the selection of an arbitrator be in effect, you will select an arbitrator from a panel of arbitrators acceptable to Godemic. In any arbitration, Godemic will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand.

Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will not have the power to multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate will not be construed as an agreement to the joinder or consolidation of an arbitration under these Terms of Use with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

Should a dispute arise and should the arbitration provisions become inapplicable or unenforceable, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Singapore. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party is entitled to recover reasonable attorneys’ fees.

Applicable Law

By using any Poppinspree Service, you agree that the laws of Singapore, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Poppinspree.

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