Terms and Conditions (“Terms”)
Last updated: December 18, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.pouchnation.com website and the Pouch mobile application (the “Service”) operated by Easy Touch Pte. Ltd. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
The eTicket (the “eTicket”) is being sold by PouchNATION as agent for the organizer (the “Organizer”) responsible for the event (the “Event”) covered thereby.
STRICTLY NO REFUND UNDER ANY CIRCUMSTANCE. PouchNATION, Easy Touch Pte. Ltd. and any of its subsidiaries transfer all event online sales to the event organisers. The event organisers are fully responsible for the funds you pay.
The Ticket is valid only for the event and seat for which it was issued and cannot be refunded, exchanged or replaced if lost, stolen or otherwise destroyed;
Management reserves the right, without refunding any amount paid for the eTicket, to refuse admission or reject a purchaser (a) whose conduct violates any law/regulation and/or Management’s rules vis-a-vis the premises, or deemed by management as unruly, or poses a clear and present danger to the public, or (b) who uses vulgar or abusive language, or (c) for any analogous reason. The Holder’s breach of the foregoing laws/regulations/rules constitutes an automatic revocation of this license without refund;
Event Token System
Easy Touch Pte. Ltd. may be licenced, contracted, partner to supply its system including but not limited to ticketing, cashless payments and event management platform to a third party in which the purchase of Event Tokens may occur and will be used as a form of payment for goods and/or services.
You may purchase Event Tokens for the above purpose, if you wish. Any unused or leftover Event Tokens that you may still possess, is refundable, via the same method you purchased them with. Any Event Tokens that you have used as form of payment is NOT Refundable by us.
If any dispute arises between you, concessionaire and/or event organizer, you agree to indemnify Easy Touch Pte. Ltd.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Easy Touch Pte. Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws of both the Singapore and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Easy Touch Pte. Ltd..
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Easy Touch Pte. Ltd..
Easy Touch Pte. Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Easy Touch Pte. Ltd. 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 websites 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.
You agree to honor the redemption for rewards by your customers. This sub-clause shall apply even if you cease to utilize Pouch.
You hereby appoint Easy Touch Pte. Ltd as the operator of your rewards systems. For this purpose, all of your rewards program literature including its logo shall include the phrase “Powered by Pouch.”
You agree to provide Easy Touch Pte. Ltd. with information and assistance to enable the improvement and / or to ensure the smooth operation of the Pouch Application.
Any advertising, promotional and marketing materials and collaterals to be produced and used by the you in connection with the Services, including, but not limited to, gift certificates and discount cards shall be subject to prior review and final approval.
You shall cooperate with Easy Touch Pte. Ltd. to the fullest extent under this Agreement. Such cooperation shall include, but shall not be limited to, supplying Easy Touch Pte. Ltd. with:
- All information and documents reasonably necessary or helpful for Easy Touch Pte. Ltd. to provide the Services;
- All technical information and assistance necessary or helpful for Easy Touch Pte. Ltd. to provide the Services;
- All information requested by Easy Touch Pte. Ltd. to establish the your compliance with all the applicable laws and this Agreement;
- All information requested by any governmental agency or third party in connection with the Services; and
- Any other information reasonably requested by Easy Touch Pte. Ltd. in connection with this Agreement and the Services.
Indemnification and limitation of liability
You and the Easy Touch Pte. Ltd. mutually agree to indemnify the other party of potential losses arising from claims/ litigation from consumers or third parties associated with the Pouch program.
Neither party shall be liable to the other party for indirect, incidental, consequential, special or aggravated damages arising from breach of this Agreement or arising from any other provisions of this Agreement.
As Pouch App is a form of delivery of the Merchants Sales Promotion, the Merchant takes full responsibility of obtaining any permits for any limited time offer. Merchant indemnifies the Promoter for all liabilities, legal action, and losses incurred in connection with any case between its Consumers, any local governing body task with Consumer Rights, and themselves.
Easy Touch Pte. Ltd. does not guarantee or warrant uninterrupted or error-free operation of the Services. We are not responsible for the inherent defects of the POUCH APP or the API, or for their lack of expected capability or functionality.
In case of failure of Service caused by our negligence, our liability shall be limited to, at our option, either the cost of repair or the reinstatement of the applicable Service.
You agree that in no event shall Easy Touch Pte. Ltd. be liable for any business or economic loss, including, but not limited to, failure to realize expected savings, or loss of use, or lack of availability for your transactions.
You agree that in no event shall Easy Touch Pte. Ltd. be liable for any damages, direct or indirect, in connection with, or arising out of the your non-compliance with financial regulations, or your directives or requirements regarding the Services.
In the event that you are subject to any claim for which you shall indemnify and hold Easy Touch Pte. Ltd. and its directors, officers, employees, agents, and representatives absolutely free and harmless under this Agreement, You shall provide written notice thereof to Easy Touch Pte. Ltd., provided, however, that Easy Touch Pte. Ltd. shall have no obligation to so notify you if directed by a governmental authority not to notify you. Easy Touch Pte. Ltd., in its sole discretion, without notice and without prejudice to any other remedies available to Easy Touch Pte. Ltd., may withhold, offset, retain, deduct, recoup, or otherwise recover any amounts you owe Easy Touch Pte. Ltd. under this Agreement or any other agreement to enforce Easy Touch Pte. Ltd.’s rights under this Agreement. Any sum that is otherwise due or will become due to the you under this Agreement shall be the property of, and be paid to, Easy Touch Pte. Ltd. to satisfy your obligations under this Agreement.
The use of trademarks
You grant the Promoter a royalty-free and non-exclusive license to display your brand features in connection with the operating of the Pouch Application and associated marketing activities.
You understand that Pouch Marketing & Loyalty Application and its trademarks are the property of Easy Touch Pte. Ltd. and all data collected solely belong to the said company.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall Easy Touch Pte. Ltd., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service 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.
Easy Touch Pte. Ltd. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function 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.
These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
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.
If you have any questions about these Terms, please contact us.