Terms of Use

Welcome to the TreeUnderGolf.com website and/or the TREEUNDER mobile app. Please read these Terms of Use carefully. The following Terms of Use govern your use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this Platform or the Services.

The Terms of Use provides you with information on the do’s and don’ts on the access and use of the TreeUnder Platform. If you are purchasing Products on TreeUnder, the reference to the Terms & Conditions of Sale will depend on which channel you purchase the Product from.

  1. For Products purchased on the TreeUnder Channel, the Terms & Conditions of Sale for TreeUnder shall apply;
  2. For Digital Goods, the Digital Vouchers & Gift Cards Terms and Condition shall apply; or
  3. For TreeUnder Wallet, the TreeUnder Payment Account User Terms and Conditions shall apply.

Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.

If you are below 18 years old: You must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.

  1. Definitions & Interpretation 

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms of Use.

  1. General use of Services and/or access of Platform 

2.1  Guidelines to the use of Platform and/or Services: You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

2.2  Restricted activities: You agree and undertake NOT to:
(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the Platform or Services for illegal purposes;
(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
(d) post, promote or transmit through the Platform or Services any Prohibited Materials;
(e) interfere with another’s utilization and enjoyment of the Platform or Services;
(f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or Services; and
(g) use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

2.3 Availability of Platform and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

2.4 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the Terms of Use contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any Customer to the Platform and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities, and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

2.5 Privacy Policy: Your use of the Services and/or access to the Platform is also subject to the Privacy Policy as set out at https://www.treeunder.sg/privacy-policy/

2.6 Terms & Conditions of Sale for TreeUnder, Digital Voucher & Gift Cards, Wallet Top-up, TreeUnder Mobile App would be subject to the Terms & Conditions as set out at https://www.TreeUnder.sg/terms-of-use/#tos. If you use a Voucher, the Voucher Terms & Conditions as set out at https://www.TreeUnder.sg/voucher-terms-of-use/ would apply.

2.7 Additional terms: In addition to these Terms of Use, the use of specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.

  1. Use of Services 

3.1 Application of this Clause: In addition to all other terms and conditions of these Terms of Use, the provisions in this Clause 3 are the additional specific terms and conditions governing your use of the Services.

3.2 Restrictions: Use of the Services is limited to authorized Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.

3.3 General terms of use: You agree:
(a) to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
(b) to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.

TreeUnder reserves the right to cancel or reject any use of this Services at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.

3.4 Product Description: While we endeavor to provide an accurate description of the Products, we do not warrant that such description is accurate, current, or free from error.

3.5 Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.

3.6 Third Party Vendors: You acknowledge that parties other than TreeUnder (i.e. Third Party Vendors) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by TreeUnder or a Third Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer.

4. Customers with TreeUnder accounts

4.1 Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be:
(i) determined and issued to you by us; or
(ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.

4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
(a) access to the relevant Platform and/or use of the Services by you; or
(b) information, data, or communications posted, transmitted, and validly issued by you.

You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/ or access to the Platform referable to your Username and Password.

  1. Intellectual property

5.1 Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licencors, or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.

5.2 Restricted Use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print, or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5.3 Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.

  1. Refunds/Returns/Repairs/Replacements

6.1 Return Policy: All returns must be done in accordance with the instructions set out in the TreeUnder Returns Policy.

  1. Questions and complaints

7.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact TreeUnder using the “Contact Us” page on the Platform, as applicable.

7.2 In the event that Customer is unable to resolve any dispute with the Seller directly through amicable negotiations, TreeUnder reserves the right to suggest and implement an appropriate resolution at its sole discretion.

  1. Your Submissions and Information

8.1 Submissions by you: You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove, or edit your Submissions.

8.2 Consent to Receive e-mails: You consent to and authorize the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.

8.3 Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy at https://www.TreeUnder.sg/privacy-policy/ and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

  1. Termination

9.1 Termination by us: In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Platform and/or Services and/or disable your Username and Password. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.

9.2 Termination by you: You may terminate these Terms of Use by giving seven days’ notice in writing to us.

  1. Notices

10.1 Notices from us: All notices or other communications given to you if:
(a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
(b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.

10.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

10.3 Other Modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of providing notice (including but not limited to e-mail, SMS, or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

  1. General

11.1 Cumulative Rights and Remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.

11.2 No Waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

11.3 Severability: If at any time any provision of these Terms of Use shall be or shall become illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these Terms of Use.

11.4 Rights of Third Parties: A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.

11.5 Governing law: Use of the Platform and/or the Services and these Terms of Use shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.

11.6 Except as provided for in Clause 11.5, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Singapore International Arbitration Centre (SIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties.

11.7 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

11.8 Amendments: We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.

11.9 Correction of Errors: Any typographical, clerical, or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

11.10 Currency: Money references under these Terms of Use shall be in Singapore Dollars.

11.11 Language: In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.

11.12 Entire Agreement: These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

11.13 Binding and Conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

11.14 Sub-contracting and Delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.

11.15 Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.

11.16 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

Schedule 1 - Definitions and Interpretation

  1. Definitions:

1.1 “Customer” means an authorized user of the Platform and/or the Services.

1.2 “Intellectual Property” means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

1.3 “TreeUnder Indemnitees” means TreeUnder and all of its respective officers, employees, directors, agents, contractors and assigns.

1.4 “TreeUnder”, “we”, “our” and “us” refer to TUG Asia Pte. Ltd., a company incorporated pursuant to the laws of Singapore under registration number 201403859E and having its registered address at 13 Yishun Close #15-25, Singapore 768010.

1.5 “TreeUnder Payment” means payments made on the TreeUnder Platform.

1.6 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.

1.7 “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.

1.8 “Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.

1.9 “Order” means your order for Products sent through the Platform in accordance with the relevant Terms & Conditions of Sale.

1.10 “Password” refers to the valid password that a Customer who has an account with TreeUnder may use in conjunction with the Username to access the relevant Platform and/or Services.

1.11 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.

1.12 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by TreeUnder which is presently located at the following URL: www.TreeUnder.com.sg; and (b) the mobile applications made available from time to time by TreeUnder, including the iOS and Android versions.

1.13 “Privacy Policy” means the privacy policy set out at https://www.TreeUnder.sg/privacy-policy/.

1.14 “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.

1.15 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
(a) contains any computer virus or other invasive or damaging code, program or macro;
(b) infringes any third-party Intellectual Property or any other proprietary rights;
(c) is defamatory, libellous, or threatening;
(d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996); and/or
(e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.

1.16 “Services” means services, information and functions made available by us at the Platform.

1.17 “Submission” is as defined in Clause 8.1 of these Terms of Use.

1.18 “Terms & Conditions of Sale for TreeUnder” means the terms and conditions governing a Customer’s purchase of the Products and are set out at https://www.TreeUnder.sg/terms-of-use/#tos.

1.19 “Terms of Use” means the recitals, Clauses 1 to 11 and any Schedules to these terms and conditions governing the Customer’s use of the Platform and/or Services and are set out at https://www.TreeUnder.sg/terms-of-use.

1.20 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.

1.21 “Username” refers to the unique login identification name or code which identifies a Customer who has an account with TreeUnder.

1.22 “Voucher” means a voucher for credit which may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the Platform.

1.23 “Voucher Terms & Conditions” are set out at https://www.TreeUnder.sg/voucher-terms-of-use/.

1.24 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.

1.25 “Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Singapore.

1.26 “Customer Contract” shall be as defined in Clause 2.6.

1.27 “Product Warranty” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.

1.28 “Return Policy” means the return policy set out at TreeUnder Returns Policy.

1.29 “Third Party Vendor” means a seller which, with TreeUnder’s permission, uses the Platform and/or Services to sell Products to Customers, and excludes TreeUnder.

1.30 “Seller” means a seller of Products as described in Clause 2.3, and includes a Third Party Vendor.

  1. Interpretation:

Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of TreeUnder and the provision which is more favourable to TreeUnder shall prevail.

Terms & Conditions of Sale

  1. Definitions & Interpretation 

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.

  1. Purchase of Products 

2.1 Your Compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by TreeUnder (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time. TreeUnder reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

2.2 Product Description: While Seller endeavours to provide an accurate description of the Products, neither TreeUnder nor Seller warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale for TreeUnder shall apply.

2.3 Sellers: Products are sold by “Sellers”. TreeUnder may be a “Seller” for selected Products. “Seller” may also refer to a party other than TreeUnder (such party referred to in these Terms & Conditions of Sale for TreeUnder as a “Third Party Vendor”). Whether a particular Product is listed for sale on the Platform by TreeUnder or a Third Party Vendor may be stated on the webpage listing that Product. Products sold to you by Sellers will be governed by individual Customer Contracts (more details below in Clause 2.6) which:
2.3.1 for Products sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you; and
2.3.2 for Products sold by TreeUnder, shall be agreements entered into directly and only between TreeUnder and you.

2.4 Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Place my Order” button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.

2.5 Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which Seller will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order.

2.6 Seller’s reservation of rights in respect of Orders: All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Seller accepting your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.

2.7 Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Seller via the Platform, under the “Specifications” tab in the fields “Warranty Type” and “Warranty Period” for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.

2.8 Customer’s Acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either TreeUnder or Seller. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale for TreeUnder and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.

2.9 No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9:
2.9.1 no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Seller;
2.9.2 Seller binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Seller’s opinion in that behalf. Neither TreeUnder nor Seller gives any warranty as to the quality, state, condition or fitness of the Products;
2.9.3 TreeUnder shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof: improper remedy of defects, alteration of the Products without the prior agreement of TreeUnder, addition and insertion of parts, in particular of spare parts which do not come from TreeUnder;
2.9.4 Seller shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, the Customer or third parties’ failure to follow TreeUnder’s instructions (whether oral or in writing) misuse or alteration or repair of the Products without TreeUnder’s approval;
2.9.5 Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without TreeUnder’s prior written approval and the Customer shall indemnify Seller against all Losses arising out of such claims;
2.9.6 Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and
2.9.7 Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.

2.10 Intellectual Property:
2.10.1 Unless the prior written consent of TreeUnder has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
2.10.2 Where software applications, drivers or other computer programmes and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of licence or use (such as end-user licences, restrictions or conditions of use) as may be prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions.
2.10.3 The Customer agrees and acknowledges that the Product Materials shall remain the property of Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Seller or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of TreeUnder has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon TreeUnder’s request.

  1. Delivery of Products 

3.1 Address: Delivery of the Products shall be made to the address you specify in your Order either by Seller or by TreeUnder (or its agents) on behalf of Seller.

3.2 Delivery & packing charges: Delivery and packing charges shall be as set out in the Order.

3.3 Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform.

3.4 Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery howsoever caused.

3.5 Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform TreeUnder within 3 days immediately from such projected delivery date, Seller will try, to the best of Seller’s ability, to locate and deliver the Product. If TreeUnder does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product.

3.6 Voucher from TreeUnder: If there is a delay in delivery of the Products, TreeUnder may in its sole discretion offer a Voucher to the Customer. Upon the acceptance of a Voucher by the Customer, the Customer shall have no further claim against Seller.

3.7 Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.

3.8 Unattended Delivery: TreeUnder provides the option of having your Products left at the Customer’s doorstep, or as otherwise instructed by the Customer, as an “Unattended Delivery.” Please note that some orders will not be eligible for Unattended Delivery. While TreeUnder’s goal is to honour the Customer’s preferences whenever possible, TreeUnder is unable to guarantee that TreeUnder (or our agents) will be able to meet these instructions under all circumstances. If the Customer selected for an Unattended Delivery and no one is available to accept the delivery of the Products, TreeUnder (or our agents) will leave the Customer’s Products unattended on or in front of the Customer’s premises, or as instructed. Where the Customer specifically instructs TreeUnder (or our agents) to leave the Customer’s Products outside the door, or as instructed by the Customer, of the specified delivery address, such delivery (including unattended alcohol) shall be at the Customer’s sole risk and the Customer accepts all liability and risk of loss, theft, and damage.

  1. Prices of Products 

4.1 Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform).

4.2 Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

  1. Payment 

5.1 General: You may pay for the Product using any of the payment methods prescribed by TreeUnder from time to time. When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Customer Contract. All payments shall be made to TreeUnder, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). You acknowledge that TreeUnder is entitled to collect payments from you on behalf of Third Party Vendors.

5.2 Additional Terms: The payment methods may be subject to additional terms as prescribed by TreeUnder from time to time.

5.3 Payment Methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include TreeUnder), for any failure, disruption or error in connection with your chosen payment method. TreeUnder reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

5.4 Payment by Voucher: If you use a Voucher, the Voucher Terms & Conditions as set out at https://www.TreeUnder.sg/voucher-terms-of-use/ would apply.

5.5 Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract.

5.6 Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.

5.7 Refund of Payment:
(a) All refunds shall be made via the original payment mechanism and to the person who made the original payment, provided that such refund is processed within 60 days from the time payment was successfully completed, except for Cash on Delivery, where refunds will be made via bank transfer into the individual’s bank account provided that complete and accurate bank account details are provided to us.
(b) We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
(c) All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
(d) All refunds are conditional upon our acceptance of a valid return of the Product.
(e) We reserve the right to modify the mechanism of processing refunds at any time without notice.

5.8 TreeUnder Payment is operated by Stripe Credit Card Payment Platform.

  1. Refunds/Returns/Repairs/Replacements 

6.1 Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy at TreeUnder Returns Policy. Customer may initiate the returns process by communicating with Seller or TreeUnder through the Platform, as the case may be. Seller or TreeUnder is not obliged to agree to any return unless all such instructions are followed to Seller’s and TreeUnder’s satisfaction. Customer acknowledges that a return may be rejected if such instructions are not strictly adhered to. For a valid return,Seller or TreeUnder may (as applicable and at their discretion), offer Customer remedies as set out in Clause 6.3. TreeUnder reserves the right to reject any requests for refunds, returns or replacements at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.

6.2 Permitted Returns: Subject to Clause 6.1, within 7 days from the date of delivery of the Product, you may return a Product when you:
6.2.1 receive a product that is fundamentally different in nature from the Product specified in the Customer Contract; or 6.2.2 receive a faulty or damaged Product.

6.3 Refund, repair, replacement or price reduction: For Products that qualify for a valid return, Seller or TreeUnder may offer the following remedies at its sole discretion:
6.3.1 Refunds: Seller or TreeUnder may offer Customer a partial or full refund of the price paid for the non-conforming Product.
6.3.2 Repairs: Seller or TreeUnder may offer Customer a repair of the non-conforming Product.
6.3.3 Replacements: Seller or TreeUnder may offer the Customer a replacement Product in place of the non-conforming Product.

In the event that Customer elects to accept a repair or replacement and the Seller fails to do so within a reasonable time, TreeUnder may grant to the Customer a reduction of the price in proportion to the reduced value of the Products, the quantum of which shall be determined at its sole discretion. Upon Customer accepting a remedy from the Seller or TreeUnder as set out above, the Customer shall have no further claim against the Seller as regard to the non-conforming Product.

6.4 Return of Non-conforming Products: When Seller or TreeUnder has provided replacement Products or given the Customer a full refund, the non-conforming Products or parts thereof shall become Seller’s property. Seller or TreeUnder may, at its sole discretion, request such non-conforming Products to be shipped back to Seller or TreeUnder at Customer’s cost.

  1. Questions and complaints

7.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact TreeUnder using the “Contact Us” page on the Platform, as applicable.

7.2 In the event that Customer is unable to resolve any dispute with the Seller directly through amicable negotiations, TreeUnder reserves the right to suggest and implement an appropriate resolution at its sole discretion.

  1. Termination 

8.1 Cancellation by you: You may cancel the Customer Contract before Seller dispatches the Products under such Customer Contract by written notice to TreeUnder through our Contact Us page at TreeUnder Contact Page . If the Products have already been dispatched, you may not cancel the Customer Contract but may only return the Products in accordance with Clause 6.

8.2 Cancellation by Seller: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale for TreeUnder, Seller, or TreeUnder acting on Seller’s behalf, may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:
8.2.1 the Products under the Customer Contract being unavailable for any reason;
8.2.2 the Customer being in breach of an obligation under the Customer Contract;
8.2.3 the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;
8.2.4 the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or
8.2.5 the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.

8.3 Termination by Seller in the event of Pricing Error: Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event TreeUnder shall, on behalf of Seller, notify you of such cancellation in writing. Seller shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you.

  1. Risk and Property of the Goods

9.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when TreeUnder has tendered delivery of the Goods.

9.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until TreeUnder has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by TreeUnder to the Buyer for which payment is then due.

9.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as TreeUnder’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

9.4 The Buyer agrees with TreeUnder that the Buyer shall immediately notify TreeUnder of any matter from time to time affecting TreeUnder’s title to the Goods and the Buyer shall provide TreeUnder with any information relating to the Goods as TreeUnder may require from time to time.

9.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) TreeUnder shall be entitled at any time to demand the Buyer to deliver up the Goods to TreeUnder and in the event of non-compliance TreeUnder reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

9.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of TreeUnder but if the Buyer does so all moneys owing by the Buyer to TreeUnder shall (without prejudice to any other right or remedy of TreeUnder) forthwith become due and payable.

9.7 If the provisions in this Condition 9 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

9.8 The Buyer shall indemnify TreeUnder against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of TreeUnder’s rights under this condition.

  1. LIMITATION OF LIABILITY

10.1 Sole remedies of customer: the remedies set out in clause 6 are the customer’s sole and exclusive remedies for non-conformity of or defects in the products.

10.2 Maximum liability: notwithstanding any other provision of these terms & conditions of sale for TreeUnder, seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each customer contract, will not exceed the sums that you have paid to seller under such customer contract.

10.3 Exclusion of liability: TreeUnder indemnitees shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) amounts due from other users of the platform in connection with the purchase of any product; (ii) the sale of the products to you, or its use or resale by you; and (iii) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with seller’s instructions on the use of the products (whether oral or written).

  1. General

11.1 References to “TreeUnder”: References to “TreeUnder” in these Terms and Conditions of Sale for TreeUnder apply both to TreeUnder’s actions on its own behalf as Seller and/or as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Customer Contract.

11.2 The rights and protections conferred on TreeUnder under these Terms and Conditions of Sale for TreeUnder shall be additional to the rights and protections conferred on TreeUnder under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by the Customer.

11.3 Any clause in the Terms and Conditions of Sale for TreeUnder, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by the Customer that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

11.4 TreeUnder reserves the right to alter, modify, add to or otherwise vary these Terms and Conditions of Sale for TreeUnder from time to time, and in such manner as TreeUnder deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Services provided by TreeUnder after such amendment, the Customer shall be deemed to have accepted the amendments.

11.5 Cumulative Rights and Remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale for TreeUnder and Seller’s rights and remedies under these Terms & Conditions of Sale for TreeUnder are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale for TreeUnder, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale for TreeUnder or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.

11.6 Correction of Errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.

Digital Vouchers & Gift Cards

  1. General 

1.1 By purchasing and/or using digital voucher(s) or digital coupon(s) bought from the Platform (the “Digital Good(s)”), you, the Customer (as defined in the Terms of Use), agree to be bound by these Digital Goods Terms and Conditions (the “Digital Goods Terms”), in addition to the Terms of Use for the Platform, which are incorporated by reference into these Digital Goods Terms.

1.2. For the avoidance of doubt, capitalized terms used and not defined herein have the same meaning as given to such terms in the Terms of Use. In the event of a conflict between the provisions of these Digital Goods Terms and the Terms of Use, the provisions of these Digital Goods Terms shall prevail.

1.3. You should refer to the product details page of the relevant Digital Good(s) (“Product Details Page”) for any Seller (as defined in the Terms of Use) specific terms and conditions and expiry dates.

  1. Issuance of Digital Good(s)

2.1. When you buy a Digital Good(s), you will receive it via your provided email and/or via your TreeUnder Wallet (as defined in the TreeUnder Payment Account User Terms and Conditions).

2.2. If, for whatever reason, you fail to receive the Digital Good(s) in accordance with these Digital Goods Terms, TreeUnder may at its sole and absolute discretion offer a voucher to you. Upon the acceptance of such voucher by you, you agree that you shall have no further claim against Seller.

2.3. Seller is the issuer of the Digital Good(s) but is not responsible for failure to issue as a result of any Platform or TreeUnder Wallet failure. You acknowledge and agree that you shall not hold TreeUnder responsible for any failure or error in the issuance of the Digital Good(s), whether as a result of Platform or TreeUnder Wallet failure or otherwise.

2.4. You acknowledge that purchase and receipt of the Digital Goods(s) is subject to the issuance and availability of the Digital Good(s). In lieu of the Seller, TreeUnder may be responsible for delivering the Digital Good(s), in which case TreeUnder will use reasonable efforts to do so, within the lead-time as stated in the Product Details Page of the Digital Good(s).

  1. Digital Good(s) – Loss, Theft, Used in Error or Used Prematurely

Once purchased, the Digital Good(s) is your responsibility and any Digital Good(s), including any accompanying QR code, barcode, PIN codes and/or serial number (each a “Code”), that are lost or stolen, used in error or used prematurely shall not be replaced.

  1. Redeeming Digital Good(s)

4.1. Instructions on how to redeem Digital Good(s) may be made available on the Product Details Page.

4.2. You acknowledge that fulfillment of the Digital Good(s) is not guaranteed. It is subject to circumstances which may or may not be beyond the control of TreeUnder, including but not limited to the availability of the Digital Good(s), or the failure of Seller to procure the merchant’s agreement to provide the relevant merchant’s goods and services upon redemption of the Digital Good(s). You agree not to hold TreeUnder liable for any errors, omissions, service interruptions, faults, defects, failure to conclude a redemption of the Digital Good(s).

4.3. Codes may be used to redeem products and/or services at the Seller’s or Seller-specified merchant’s premises stated in the Product Details Page.

  1. Your Obligations and Use of the Digital Good(s) 

5.1. You acknowledge and agree that:
5.1.1. Digital Good(s) can only be redeemed within the period of time and the premises, where applicable, specified on the Product Details Page;
5.1.2. Digital Good(s) cannot be redeemed on certain black-out dates or promotion dates set by Seller or TreeUnder;
5.1.3. You shall not use Digital Good(s) or permit the use of Digital Good(s) in any manner which may adversely affect other Customers’ use of Digital Good(s) and/or any other Service (as defined in the Terms of Use) provided to such Customers, as TreeUnder may reasonably determine;
5.1.4. Digital Good(s) are offered to you on an “as is” basis, and unless otherwise specified in these Digital Goods Terms;
5.1.5. reproduction, sale, resale or trade of Digital Good(s) is prohibited, and any attempt to carry out any of these activities entitles TreeUnder to void the Digital Good(s) at its option;
5.1.6. if the Digital Good(s) are redeemed for less than its face value, there is no entitlement to cashback, cash or new Digital Good(s) equal to the difference between the face value and the amount redeemed;
5.1.7. Digital Good(s) are redeemable in their entirety only and may not be redeemed incrementally;
5.1.8. it is at the discretion of the merchant to determine whether the Digital Good(s) may be combined with any other promotions, vouchers, third party certificates or coupons;
5.1.9. use or purchase of the Digital Good(s) constitutes acceptance of these Digital Goods Terms;
5.1.10. you are responsible for all information you submit, transmit or otherwise make available during the purchase or redemption of any Digital Good(s); and
5.1.11. to the fullest extent permitted by law, TreeUnder expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to any Digital Good(s) or Code, without prejudice to any other provision in these Digital Goods Terms.

  1. Refunds, Exchange and Cancellations

6.1. Any Digital Good(s) bought cannot be returned, refunded, transferred and/or cancelled after purchase, unless a refund and/or cancellation is permitted in accordance with Clause 6.6.

6.2. Issued Digital Good(s) cannot be exchanged for cash. Each Seller may have its own policy on the exchange of issued Digital Good(s).

6.3. Replacement of the Digital Good(s) may be allowed, at TreeUnder’s sole and absolute discretion, if there is a systemic failure on Seller or TreeUnder’s part.

6.4. Exchange of a Product (as defined in the Terms of Use) or service purchased using Digital Good(s) shall be subject to Seller’s terms and conditions.

6.5. TreeUnder reserves the right to cancel or reject the use of any Digital Good(s) at its sole and absolute discretion, including, without limitation, where it deems or suspects that any transaction is fraudulent.

6.6. Notwithstanding Clause 2.3, TreeUnder may, at its sole and absolute discretion, permit a refund and/or cancellation of Digital Good(s), provided always that the Digital Good(s) have not expired.

  1. Availability of Digital Good(s) 

7.1. You acknowledge that purchase or redemption of Digital Good(s) are subject to resource availability, including, without limitation, availability of the Platform.

7.2. TreeUnder does not make any representation, warranty or guarantee:
7.2.1. on the performance and capability of the Platform;
7.2.2. that the TreeUnder Wallet and the Codes are appropriate and available for use at all times;
7.2.3. about the accuracy, reliability, suitability, completeness or timeliness of the TreeUnder Wallet and/or the Codes;
7.2.4. about the quality, suitability, safety or ability of the Digital Good(s) issued by the Seller;
7.2.5. about the quality, suitability, safety or ability of the goods and/or services made available by the merchants; and/or
7.2.6. on the success of any redemption of the Digital Good(s).

7.3. You acknowledge and accept that TreeUnder may suspend, terminate and/or discontinue the purchase or redemption of the Digital Good(s) at its sole and absolute discretion without prior notice and without any liability whatsoever to you.

  1. Use and Disclosure of Data 

8.1. You agree that TreeUnder shall be entitled to use or disclose any information or data disclosed by you in accordance with TreeUnder’s Privacy Policy. You are entitled to withdraw such consent in the procedure as prescribed by TreeUnder from time to time. 8.2. Order issuance in relation to Digital Good(s) may be handled by a third party appointed by TreeUnder, in which case you may receive direct communication of Digital Good(s) Codes from the third party.

  1. Miscellaneous

9.1. The rights and protections conferred on TreeUnder under these Digital Goods Terms shall be additional to the rights and protections conferred on TreeUnder under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by you .

9.2. Any clause in these Digital Goods Terms, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by you that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

9.3. TreeUnder reserves the right to alter, modify, add to or otherwise vary these Digital Goods Terms from time to time, and in such manner as TreeUnder deems appropriate without prior notice. You shall be bound by the terms and conditions so amended. In any event, if you continue to use the Digital Good(s) after such amendment, you shall be deemed to have accepted the amendments.

TreeUnder Payment Account User Terms and Conditions

These Terms and Conditions govern your access and use of the TreeUnder virtual payment account (“TreeUnder Payment Account“).

  1. The TreeUnder Payment Account is operated by Stripe Credit Card Payment Platform (“Stripe”).

All references in these Terms and Conditions to “we,” “us,” or “our” shall refer to Stripe as operator of the TreeUnder Payment Account. “You” and “your” shall refer to the User.

The TreeUnder Payment Account is associated with your TreeUnder Account and is intended for effecting payment for the purchase of goods and/or services offered by the TreeUnder group of companies by registered Users.

By requesting and/or using the TreeUnder Payment Account, you, the User, agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the TreeUnder Payment Account.

  1. These Terms and Conditions are in addition to the terms and conditions governing your use of the TreeUnder Website and your TreeUnder Account (available at https://www.TreeUnder.sg/terms-of-use/).

These Terms and Conditions are supplemented by TreeUnder’s Membership Protection Policy (“Membership Protection Policy”), which give all TreeUnder customers the assurance of authorized payments on the TreeUnder Payment Account. The Membership Protection Policy also sets out compensation guidelines for losses arising from any unauthorized transactions on the TreeUnder Payment Account.

DEFINITIONS AND INTERPRETATION

Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions:

Stripe” means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.
Foreign Language Version” is defined under clause 14.9 of these Terms and Conditions.
Indemnitees” means Stripe’s and TreeUnder’s respective officers, employees, directors, agents, contractors and assigns.
TreeUnder” means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.
TreeUnder Account” means the online account of the User on the TreeUnder Website.
TreeUnder Payment Account” is defined in the recitals to these Terms and Conditions.
TreeUnder Payment Account Balance” is defined in clause 3.1 of these Terms and Conditions.
TreeUnder Website” is defined as the website or the mobile application (as applicable) from which you purchased the goods or services offered by the TreeUnder group of companies.
Payment Instrument” is defined in clause 3.1.
Personal Data” means data which can be used to identify, contact or locate an individual. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
Privacy Policy” is defined in clause 2.6.
Promo Coupon” means, to the extent permitted by local law, a promotional coupon which is issued by TreeUnder to a User relating to TreeUnder Payment Account, from time to time as a gratuity, by crediting the coupon amount into the User’s TreeUnder Payment Account, and may be used by the relevant User to pay for goods or services on the TreeUnder Website, prior to the relevant Promo Coupon’s expiry date, as determined at the sole discretion of TreeUnder and subject to conditions as may be imposed by TreeUnder from time to time.
Refund Coupon” means a refund coupon which is issued by TreeUnder, by way of refunding a User’s previous purchase of goods or services on the TreeUnder Website and subject to conditions as may be imposed by TreeUnder from time to time.
Registration Information” is defined under clause 2.1 of these Terms and Conditions and may include Personal Data. “Service Fees” is defined in clause 5.1.
User” means an authorized user of the TreeUnder Payment Account.

ACCESS TO THE TREEUNDER PAYMENT ACCOUNT

1.1 You agree to:
1.1.1 use your TreeUnder Payment Account only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the TreeUnder Payment Account in good faith;
1.1.2 comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the use of the TreeUnder Payment Account, as well as any amendments thereto issued by us from time to time; and
1.1.3 ensure that any information or data you provide to us in connection with the TreeUnder Payment Account is accurate.

1.2 It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. We are committed to anti-money laundering compliance in accordance with applicable law and requires our directors, officers and employees to adhere to these standards in preventing the use of our products and services for money laundering purposes.

1.3 Use of the TreeUnder Payment Account is restricted to registered users of the TreeUnder Website.

REGISTRATION

2.1 The registration process for the TreeUnder Account requires you to provide TreeUnder with accurate and complete personal information, including your name, address, telephone number, date of birth, email address and any other information as may be deemed necessary by us (“Registration Information“). You shall be responsible to update the Registration Information to ensure its completeness and accuracy. You acknowledge and agree that TreeUnder may share your Registration Information with us from time to time.

2.2 In addition to such Registration Information, we may request for additional information or documentation at any time and for any reason, including confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with us. You agree that you will provide such information and/or documentation promptly to us upon request. If you do not provide such information and/or documentation promptly, we may, without any liability to you, either limit your use of the TreeUnder Payment Account or suspend or close your TreeUnder Payment Account.

2.3 You authorize us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever, including to process any refunds paid to you.

2.4 Each User is only entitled to have one (1) TreeUnder Payment Account associated with his or her TreeUnder Account.
Account information

2.5 You are solely responsible for keeping your username and password to your TreeUnder Payment Account secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorised use of your username or password. If your username or password has been compromised, you must inform TreeUnder immediately.

2.6 All Personal Data provided to us will be handled, stored, and processed according to our TreeUnder Payment Account privacy policy (“Privacy Policy”)(https://www.TreeUnder.sg/privacy-policy/). By accepting these Terms and Conditions, you acknowledge that you have read and agree with the Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

TREEUNDER PAYMENT ACCOUNT BALANCE

3.1 You may maintain funds in your TreeUnder Payment Account, and such funds, less any monies owed to us, will be regarded as the balance of your TreeUnder Payment Account (“TreeUnder Payment Account Balance“). Funds can be accumulated in your TreeUnder Payment Account Balance by means of a transfer of funds from certain payment instruments we accept (including debit cards, checking and savings account or other prepaid payment method we allow, collectively, “Payment Instruments“).

3.2 You may also fund to your TreeUnder Payment Account by way of a Promo Coupon or a Refund Coupon issued to you by TreeUnder from time to time. Use of any Promo Coupons or Refund Coupons is subject to the terms and conditions thereof. Please note that Promo Coupons or Refund Coupons are not legal tender and are not transferable. The value of any Promo Coupons (prior to its applicable expiry date) and/or Refund Coupons will be included in your TreeUnder Payment Account Balance.

3.3 For any transfer from a Payment Instrument to your TreeUnder Payment Account Balance, we make no representation that any of your Payment Instrument(s) are in good standing, or that the issuer of your Payment Instruments will authorise or approve such transfer.

3.4 Unless otherwise stated, both you and TreeUnder are not liable for any fees raised by third parties including card issuers or banks, associated with funding your TreeUnder Payment Account Balance. However, we reserve the right to decline acceptance of any payment instruments, including credit cards, debit cards or bank accounts, as funding methods at our sole discretion.

3.5 We reserve the right to impose limits on your use of TreeUnder Payment Account from time to time, including (i) the amount of value you may load your TreeUnder Payment Account at any one time; and (ii) the aggregate funds loaded to your TreeUnder Payment Account over any time period.

USING YOUR TREEUNDER PAYMENT ACCOUNT

4.1 You may use your TreeUnder Payment Account to purchase goods and/or services through the TreeUnder Website. For security reasons, we may limit the amount or number of transactions you can make through your TreeUnder Payment Account. We may require that you submit additional identification documents prior to you making a purchase at our sole discretion.

4.2 Each time you use your TreeUnder Payment Account, you authorize us to reduce the value available in your TreeUnder Payment Account Balance by the total amount of the transaction and where applicable, any fees, including shipping fees, payment fees and all applicable taxes. The amount of any purchases will first be applied to any Promo Coupons or Refund Coupons (based on the earliest expiry date for each such Promo Coupon or Refund Coupon) which have been credited to your TreeUnder Payment Account Balance. You can only make payments using your TreeUnder Payment Account to the extent that you have TreeUnder Payment Account Balance to support those transactions. You are not allowed to make purchases in excess of your TreeUnder Payment Account Balance. We will not extend credit in connection with your use of your TreeUnder Payment Account, and you must repay us immediately if your TreeUnder Payment Account Balance is ever less than zero for whatever reason.

4.3 You are responsible for all transactions initiated and fees incurred by using your TreeUnder Payment Account. If other persons access your TreeUnder Payment Account, we will treat this as if you have authorized such use and you will be responsible for any transactions made and fees incurred by such use.

4.4 You must notify us immediately of any unauthorized use of TreeUnder Payment Account or any other breach of security regarding the TreeUnder Payment Account of which you have knowledge. You must report any such activities within ninety (90) days for any claims for unauthorized use of your TreeUnder Payment Account to be valid for consideration under TreeUnder’s Membership Protection Policy.

4.5 Notwithstanding anything to the contrary under TreeUnder’s Membership Protection Policy, you agree that we will not compensate you for any loss resulting from any claims for unauthorized use of your TreeUnder Payment Account under any of the following events, as determined at our sole and absolute discretion:
4.5.1 where any such claims relate to transactions that are found to be conducted on your trusted device, your IP address or any other user‐acceptable boundaries;
4.5.2 where you have acted fraudulently or with negligence, including but not limited to cases where you have wilfully disclosed your TreeUnder Payment Account log-in details to a third party;
4.5.3 if you fail to provide us with any relevant documentation as reasonably requested by us in relation to any such unauthorized transactions;
4.5.4 where any funds in your TreeUnder Payment Account are subject to legal process or other encumbrance restricting transfer;
4.5.5 where any such transactions are took place under circumstances beyond our control, including but not limited to natural disasters, civil unrest etc. which are beyond reasonable control; and/or
4.5.6 where any terminal or system (including our or TreeUnder’s website or services) was not working properly or suffering any other technical malfunction before you initiated the relevant transaction.

4.6 Subject to clauses 6 and 7.4, no redemption of cash, transfer of funds or cash withdrawal is permitted in respect of any amounts on your TreeUnder Payment Account.

4.7 We shall have the right to refuse any transaction on your TreeUnder Payment Account if:
4.7.1 the transaction does not satisfy these Terms and Conditions or the terms and conditions of your TreeUnder Account; or
4.7.2 where we have reason to believe that the transaction may violate any laws, rules or regulations or may otherwise subject us or any of our affiliates to liability or obligation.
4.7.3 such transaction involving the use of any Promo Coupon or Refund Coupon where we or TreeUnder suspects any coupon abuse or fraud or any illegal activities in relation to your TreeUnder Payment Account.

4.8 When using your TreeUnder Payment Account to pay for a purchase on the TreeUnder Website, payments may be processed through accounts owned by us or one of our affiliates and/or a registered third party service provider acting on our behalf.

4.9 For each purchase transaction you make on the TreeUnder Website, we will transfer funds from your TreeUnder Payment Account when the first of any of the following events occurs:
4.9.1 we receive confirmation of a successful completion of the purchase from TreeUnder;
4.9.2 you fail to confirm receipt of the goods or services within the time limit prescribed under the terms and conditions of the TreeUnder Website, in which case you will be deemed to have received the goods or services;
4.9.3 the conclusion of any settlement agreement or dispute between you and any other user of the TreeUnder Website and/or TreeUnder, in which case the funds will be disposed in accordance with such settlement agreement or dispute resolution; or
4.9.4 TreeUnder or any of its affiliates, or us or ny of our affiliates receives any order, ruling, award or judgment from a competent court, arbitration tribunal or authority which directs us to release the funds, in which case the funds will be disposed in accordance with such order, ruling, award or judgment.

4.10 When releasing any funds, we shall have the right to deduct or withhold any financial charges or service fees due and payable to us and/or TreeUnder in such amounts as instructed by TreeUnder.

4.11 If you experience any difficulties with your TreeUnder Payment Account, please contact us at [https://www.TreeUnder.sg/contact/]. If you have placed an order on the TreeUnder Website and experience difficulties with your order, please contact customer service (https://www.TreeUnder.sg/contact/ ).

4.12 You shall complete any purchases in accordance with the applicable terms and conditions of the TreeUnder Website (https://www.TreeUnder.sg/terms-of-use/), which may be amended from time to time at TreeUnder’s discretion without notice.

4.13 You agree to give all notices, provide all necessary information, materials and approvals, and render all reasonable assistance and cooperation necessary for us to operate your TreeUnder Payment Account. If your failure to do so results in any delay in any transaction on your TreeUnder Payment Account, neither we nor TreeUnder shall be liable for any loss or damages arising from such delay.

4.14 You acknowledge and agree that we are not a bank or remittance agent and the services we provide to you in connection with your TreeUnder Payment Account should in no way be construed as the provision of banking services or remittance services. We are not acting as a trustee, fiduciary or escrow with respect to your TreeUnder Account Balance.

FEES

We reserve the right to impose fees to cover the relevant costs of providing the TreeUnder Payment Account services to you including those associated with the set-up and maintenance of your TreeUnder Payment Account (“Service Fee”).

REFUNDS

If, having purchased goods or services on the TreeUnder Website, you are subsequently entitled to a refund for any reason in respect of such goods or services, you agree that we will either (i) issue a Refund Coupon to be credited to your TreeUnder Payment Account Balance for such refunds; or (ii) where the purchase was made using a credit card, credit the refund to the same credit card. We may require you to provide additional information prior to processing any refund.

CLOSURE AND NON-USE OF YOUR TREEUNDER PAYMENT ACCOUNT

7.1 You may request that we close your TreeUnder Payment Account at any time by contacting our customer support team. Contact details of the customer support team are available at (https://www.TreeUnder.sg/contact/).

7.2 We may, at any time and at our absolute and sole discretion:
7.2.1 discontinue your use of the TreeUnder Payment Account or any part thereof;
7.2.2 close your TreeUnder Payment Account; and/or
7.2.3 reactivate your TreeUnder Payment Account upon the completion of any relevant internal investigations (where applicable).

7.3 We shall endeavour to provide notice of any such discontinuation or closure of your TreeUnder Payment Account. You agree that we shall not be liable to you in relation to any inability of yours to access your TreeUnder Payment Account or any part thereof.

7.4 Closure of your TreeUnder Payment Account will not cancel any cleared transactions which you have already undertaken.

7.5 If your TreeUnder Payment Account is closed for any reason, we will contact you to arrange for the refund of any residual electronic funds in that TreeUnder Payment Account as set out in clause 7.6. In no event shall you be entitled to any refund in respect of any TreeUnder Payment Account Balance attributable to Promo Coupons.

7.6 You remain liable for all obligations related to your TreeUnder Payment Account. Closure of your TreeUnder Payment Account does not relieve you of any liability pertaining to your TreeUnder Payment Account. In the event of a pending investigation at the time your TreeUnder Payment Account is closed, we may continue to hold your funds for up to one hundred and eighty (180) days from the date of closure in order to protect us against any loss. If we suspect that you have used your TreeUnder Payment Account for any illegal purposes, we may hold any outstanding TreeUnder Payment Account Balance for such time as we determine in our absolute discretion or as required by law.

7.7 We will refund any electronic funds in your TreeUnder Payment Account as soon as practicable after its closure through any payment method we deem in our discretion most suitable, on the condition that you provide us with:
7.7.1 valid bank account details where the name and address details of that bank account’s holder match the name and address details of your TreeUnder Payment Account; and
7.7.2 a copy of a valid form of ID (e.g. a passport or driver’s licence), which we may accept at TreeUnder’s sole discretion.

7.8 We have the right not to return to you any disputed funds or any funds which relate to a breach of these Terms and Conditions until such time such a dispute has been resolved or where a court of a competent jurisdiction has decided on the matter.

7.9 If you have not transacted on your TreeUnder Payment Account for 12 months or more, your TreeUnder Payment Account shall be deemed inactive and we reserve the right to impose an administrative charge against the remaining amount in your TreeUnder Payment Account Balance, until a transaction is made. Your TreeUnder Payment Account will be terminated by us once there are insufficient funds to pay the administrative charges.

7.10 We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or any other illegal activity checks before authorizing any withdrawal of your funds, including returning any funds to you after your TreeUnder Payment Account has closed or before any refunds are processed.

AMENDMENTS

We may amend these Terms and Conditions any time by posting an updated version at https://www.TreeUnder.sg/terms-of-use/. The updated version of these Terms and Conditions shall take effect immediately upon posting. Each time you use your TreeUnder Payment Account you confirm that you agree to be bound by these Terms and Conditions as may be amended from time to time.

AVAILABILITY OF TREEUNDER PAYMENT ACCOUNT

We may, from time to time and without giving any reason or prior notice to you, upgrade, modify, suspend or discontinue the provision of your TreeUnder Payment Account and we shall not be liable if any such upgrade, modification or suspension prevents you from accessing your TreeUnder Payment Account or any part of it.

10 REPRESENTATIONS AND WARRANTIES

By accepting these Terms and Conditions, you represent and warrant that you are at least 21 years of age and not violating any applicable laws or regulations through your use of your TreeUnder Payment Account, and you agree to defend, indemnify and hold us, our Indemnitees, affiliates and authorized representatives harmless from any claim, demand (including legal fees and costs), fines, penalties or other liability incurred by us due to or arising out of your breach of this representation and warranty. We may report any suspicious activity to the relevant authorities.

11 RESTRICTED ACTIVITIES

11.1 In connection with your use of your TreeUnder Payment Account, you shall not:
11.1.1 Provide false, inaccurate or misleading information;
11.1.2 Use your TreeUnder Payment Account for any illegal activities;
11.1.3 Use your TreeUnder Payment Account in a manner that may result in complaints, disputes, claims, penalties or other liability to us, other users or third parties or may be regarded as an abuse of the card system or a violation of card association or network rules; or
11.1.4 Breach these Terms and Conditions and/or the Privacy Policy or violate any applicable laws and regulations.

11.2 If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may take various actions, including the following:
11.2.1 We may suspend or restrict your access to and/or close your TreeUnder Payment Account;
11.2.2 We may terminate these Terms and Conditions and refuse to provide the services to you;
11.2.3 We may place a hold on your TreeUnder Payment Account Balance for up to 180 days if reasonably needed to protect against the risk of liability; or
11.2.4 We may take legal action against you.

11.3 If you are below 21 years old you must obtain consent from your parent(s) or legal guardian(s). By consenting to your acceptance of these Terms and Conditions, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) your actions in your use of the TreeUnder Payment Account; (ii) any charges associated with your use of any of the TreeUnder Payment Account; and (iii) your compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must cease using the TreeUnder Payment Account.

12 DISCLAIMER

12.1 You agree that all risks arising from your use of the TreeUnder Payment Account will be borne by you.

12.2 We make no warranty that:
12.2.1 the TreeUnder Payment Account will meet your requirements;
12.2.2 the TreeUnder Payment Account services will be uninterrupted, timely or error free; or
12.2.3 any products, information or material purchased by you using the TreeUnder Payment Account will meet your requirements.

12.3 Except as expressly provided in these Terms and Conditions and to the fullest extent permitted by law, the TreeUnder Payment Account and related services are provided “as is”, “as available” and “with all faults”. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded.

12.4 To the fullest extent permitted by law, we and our affiliates shall not be liable for any indirect, consequential, incidental, special or punitive damages, including damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from your use of or inability to use the TreeUnder Payment Account and related services. In any event, our total aggregate liability to you under these Terms and Conditions or in relation to your use of the TreeUnder Payment Account will not exceed your TreeUnder Payment Account Balance at the point in time when such liability arose.

12.5 Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you. You may also have other rights that vary by jurisdiction and other jurisdictions.

12.6 In the event that it is demonstrated that you are below the age of 21 when you agreed to these Terms and Conditions, we shall not be liable for any loss suffered by you arising out of the use of the TreeUnder Payment Account.

13 NOTICES

13.1 Notices from us
13.1.1 You agree that all notices or other communications from us are deemed to have been given to you if:
(i) communicated through any print or electronic media as we may select from time to time, will be deemed to be notified to you on the date of publication or broadcast; or
(ii) sent by post or left at your last known address, received by you on the day following such posting or on the day when it was so left.

13.2 Notices from you
You may only give notice to us in writing sent to our designated address or e-mail address (as may be amended from time to time), and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

13.3 Other modes of notifications
13.3.1 Notwithstanding Clauses 13.1 and 13.2, we may from time to time designate other acceptable modes of giving notice (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

14 GENERAL TERMS

14.1 Cumulative rights and remedies
Unless otherwise provided under these Terms and Conditions, the provisions of these Terms and Conditions and our rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms and Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy at law or in equity.

14.2 No waiver
Our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect our right to later enforce these Terms and Conditions.

14.3 Severability
If at any time any provision of these Terms and Conditions become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.

14.4 Rights of third parties
A person or entity who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms and Conditions.

14.5 Governing law
Use of the TreeUnder Payment Account, and these Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore and you hereby submit to the exclusive jurisdiction of the Singaporean courts.

14.6 Disputes
14.6.1 If any dispute or claim arises from or in connection with these Terms and Conditions or your use of your TreeUnder Payment Account (“Dispute”), the relevant parties shall first attempt to resolve the Dispute through amicable negotiations. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
14.6.2 In any event and to the fullest extent permitted by applicable law, you may not make any claim against the Indemnitees under these Terms and Conditions after one year from the date of occurrence of the matter giving rise to the claim.

14.7 Injunctive relief
We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.

14.8 Correction of errors Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

14.9 Language
In the event that these Terms and Conditions is executed or translated in any language other than English (“Foreign Language Version”), to the extent allowed under law, the English language version of these Terms and Conditions shall govern and shall take precedence over the Foreign Language Version.

14.10 Entire agreement
These Terms and Conditions shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

14.11 Binding and conclusive
You acknowledge and agree that any records (including records of any telephone conversations relating to the TreeUnder Payment Account, if any) maintained by us and/or our service providers relating to or in connection with the TreeUnder Payment Account shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

14.12 Sub-contracting and delegation
We reserve the right to delegate or sub-contract the performance of any of our functions or obligations in connection with TreeUnder Payment Account to any service provider, subcontractor and/or agent on such terms as we may deem appropriate.

14.13 Assignment
You may not assign your rights or transfer your obligations under these Terms and Conditions without our prior written consent. We may assign our rights or transfer our obligations under these Terms and Conditions to any third party at our sole discretion.

14.14 Force Majeure
We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of TreeUnder Payment Account if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

TreeUnder Care Service Contract

This Service Contract is a legal agreement between you and TUG Asia Pte. Ltd., which governs the provision of the Services by us in respect of Product(s). By purchasing a Product, you acknowledge and agree to be bound by this Service Contract.

Your purchase of the Services extends the manufacturer’s warranty period for a twelve (12) month or twenty-four (24) period (based on your selection, and as specified on the Product listing page) commencing upon the expiry of the manufacturer’s warranty.

The Services are subject at all times to the following:

  • We have the sole option to repair or (if in our sole discretion it is more commercially practicable to do so) replace your Product with an item of similar quality and specifications, provided that:
    • The total aggregate costs of repairs for each Product shall not exceed the Purchase Price of the Product; and
    • The cost of a one-time replacement product shall not exceed the Purchase Price of the Product;
  • In the event that (if in our sole discretion) it is more commercially practicable to replace your Product instead of repairing it, the original Product shall be replaced with a similar product. Due to technological advances, the replacement Product may be of lower retail value than the original Product or it may be a Refurbished Product. If the original Product is replaced, the Services will cease from the date of replacement; and
  • Repairs or replacements of the Product are limited to products purchased domestically and products which are for personal use.
  • Products that have been used for commercial or other non-personal use shall be excluded from this Service Contract.

If a Product is covered by a manufacturer’s warranty period, the manufacturer’s warranty shall take precedence over this Service Contract, and the Services provided under this Service Contract shall not cover or replace the manufacturer’s warranty whatsoever. You agree to avail yourself of all rights and benefits under the manufacturer’s warranty before making a Service request under this Service Contract.

On-site repair is available for bulky Products only, which are non Carry-in Products. Where we are unable to repair your Products on-site, they will be transported to our authorized repair center for repair, at no extra cost to you. Carry-in Products, which are Products such as Mobile Devices, laptops, tablets, small and kitchen appliances shall be delivered by you to our authorized repair center, and no shipping or transportation costs (if any) you incur will be reimbursed by TreeUnder.

LIMITATIONS OF LIABILITY

Our liability under this Service Contract will not, under any circumstances, extend to any loss or injury to a person or loss or damage to property or any incidental, contingent, special or any direct or indirect loss and consequential damages including but not limited to losses incurred due to any delay in rendering service related to this Service Contract and loss of use during the period that your Product is at an authorized repair center, and/or while awaiting repair or replacement.

ACCIDENTAL DAMAGE

If you purchase the Services for a Mobile Device, you are entitled to the following repair services (or if in our sole discretion it is more commercially practicable to do so, replacement), if there is Accidental Damage to your Mobile Device:

  • You are entitled to one (1) instance of repair services performed for any Accidental Damage, provided that the total aggregate costs of repairs for each Mobile Device shall not exceed the Purchase Price of such Mobile Device, following which we shall have the sole discretion to replace the Product. If in our sole discretion it is more commercially practicable to replace your Mobile Device instead of repairing it, the original Mobile Device shall be replaced with a similar product. Due to technological advances, the replacement Mobile Device may be of lower retail value than the original Mobile Device or it may be a Refurbished Product. If the original Mobile Device is replaced, the Services will cease from the date of replacement.
  • Repair services for Accidental Damage will apply to Accidental Damage which occurred between the period beginning seven (7) days (“effective date”) from the Mobile Device delivery date and twelve (12) calendar months after the effective date.
  • Repair requests in relation to Accidental Damage must be submitted to us within two (2) working days of the incident causing the Accidental Damage. For the avoidance of doubt, you may only submit one (1) repair request in relation to Accidental Damage for the first year of the Service Contract, starting from the date you receive your Mobile Device.

GENERAL EXCLUSIONS:

TreeUnder will not be liable under the Service Contract if you do not submit the Product to an authorized repair center for repair for Carry-in Products or if you do not raise a Service request with the TreeUnder Care call center for bulky, non-Carry-in Products, before the expiry of the Service Contract, and in the case of Accidental Damage (for Mobile Device) only, if a Service request has not been submitted within two (2) working days of the Accidental Damage.

Any repair and/or servicing of a Product by an unauthorized service center will render this Service Contract to be null and void in relation to such Product.

EXCLUSIONS:

We shall not be liable to provide you the Services in relation to any of the following:

  • Save for where you are entitled to services under “Accidental Damage”, or as specified in the Service Contract, negligence of any kind, omission or default.
  • Liability arising out of implied warranties of merchantability, implied warranties of fitness, and strict liability.
  • Liability to anyone other than the Service Contract holder, as the case may be, except if you notify us of a transfer of a Service Contract per the terms below.
  • Any acts of fraud, or other dishonest or criminal acts.
  • Property and/or product liability insurance.
  • Products that are still covered by the manufacturer’s/dealer’s original written warranty, or the Service Contract holder’s dealer warranty, repairer’s warranty, or any other warranties in effect.
  • Any defects that are subject to recall by the manufacturer / dealer.
  • Non-operating and cosmetic items, paint, or product finish, accessories used in or with the eligible product unless covered under a separate Service Contract, cables, cords, add-on options incorporated in a product for which options are not essential to the basic function of the Product for which the Service Contract was purchased.
  • Software (including operating system and any stored data), defects resulting directly from software installation and or removal, computer virus, virus prevention, and other peripherals.
  • Routine maintenance, cleaning, adjustments or software updates.
  • Abuse, theft, sand, corrosion, excessive heat, battery leakage, Acts of God, commercial usage, power outages or surges, inadequate or improper voltage or current (fluctuation of electrical power, lightning, static electricity), improper environment (including lack of proper temperature or humidity). Unauthorized modifications made to the Product and/or problems/defects arising from such unauthorized modifications; altered serial/IMEI numbers; failure to follow manufacturers’ instructions on installation, operation or maintenance; repairs performed by non-authorized repairer; any items not affecting the function of the Product; image burn.
  • Costs of express service charges, transportation damage, removal or reinstallation unless specifically included in the Service Contract.
  • Problems or defects not covered under the original manufacturer’s/dealer’s original written warranty or any other warranties in effect unless otherwise stated, unless otherwise specified in the Service Contract, including but not limited to where you are entitled to Accidental Damage related repair or replacement services.
  • Failure to follow manufacturer’s recommended instructions for installation, operation, routine care maintenance, inspection, cleaning, external adjustments etc. including problems cause by a device that is not the Product, including equipment/accessories that are not produced by original equipment manufacturer, whether or not purchased at the same time as the Product.
  • Damage due to organic infestation (from internal and/or external sources).
  • Deterioration or spoilage of any food stored due to defect of refrigerator.
  • Water leakage due to blockage of drainpipe under normal use.
  • Commercial use (multi-user organisations), public rental, use for profit or communal use.
  • Any diagnosis where no defect has been found or noted.
  • Consumables including but not limited to batteries, bulbs, compact discs, digital tapes, stylus, toner and ink cartridges.
  • External faults such as rust, wiring, electrical connection or plumbing, piping, fitting, realigning of signal receivers (poor receptions), and consequential loss of any kind.
  • Normal wear and tear, scratching, chewing, spilled liquids, corrosion, animal and insect infestation, fungi, wet or dry rot, or bacteria, misuse, neglect and abuse.
  • Repairs necessitated by improper maintenance, accidental, intentional physical damage, damage by sand or water, unless otherwise specified in the Service Contract including but not limited to where you are entitled to Accidental Damage repair or replacement services.

FOR SERVICE REQUEST – CONTACT OUR CUSTOMER SERVICE

When the Product failure occurs due to an electrical or mechanical defect or accidental damage, you may contact the TreeUnderCare Customer Service to report the failure at +65 62826772, or email [email protected] This hotline is available Monday to Friday 9 a.m. to 6 p.m. in Singapore, excluding public holidays.

Our experienced customer service representatives will be ready to guide you through the Service process. To expedite the Services, please ensure that you have your Service Contract details readily available before placing the call. If the Product failure is not reported to us prior to repair/replacement, the repair/replacement cost shall not be approved.

To validate that your Product is covered by the Services, please ensure you keep all the proof of purchase, such as sales receipts.

CANCELLATION

This Service Contract can be cancelled within fourteen (14) days of the Product order date at a full refund of paid service fee provided that no Service request has taken place. If a Service request has taken place, no refund will be provided upon cancellation.

CONTRACT TERMINATION

This Service Contract will terminate automatically: (i) upon expiry of the term of this Service Contract, (ii) when total aggregate repair costs have exceeded the Product Purchase Price, (iii) upon replacement of the Product if (in our sole discretion it is more commercially practicable to do so) or (iv) upon written notification by us of termination of this Service Contract within fourteen (14) days of original purchase of this Service Contract, whichever is earlier.

TRANSFER OF SERVICE CONTRACT TO SECOND OWNER

If you sell or transfer your Product to another consumer within the term of this Service Contract, you must call TreeUnder Care Support Hotline within fourteen (14) days from the date of the sale or transfer of the Product to another consumer, in order to transfer this Service Contract. It is also important to report your new address in the event you change your residential address and take the Product(s) with you.

GENERAL

This Service Contract is not an insurance contract, insurance policy or guarantee. This Service Contract is not a guarantee or promise relating to the nature of the material, workmanship or performance of your Product.

For contract verification purposes, you may be required by our customer service representative to present your Service Contract to expedite the provision of the services contemplated by this Service Contract. As such, we recommend that you place these documents in a safe place.

DEFINITIONS:

  • Accidental Damage means at a definable time and place your Mobile Device stops working normally and its usability or its safety is affected solely as a result of either of the following events:
    • Screen Damage: Loss of functionality, cracking or breaking of the screen. Repairs for such damage provided under this Services Contract will be limited to parts needed to fix a cracked or broken screen and back glass such as glass /plastic screen, LCD and sensors fixed to the screen; or
    • Liquid Damage: Loss of functionality of the Mobile Device as a result of a liquid directly damaging the electronic components of the Mobile Device, caused by unintentional spills.
  • For the avoidance of doubt, damage to your Mobile Device which arose as a result of deliberate acts or omissions to cause the Mobile Device to stop working normally, or to affect its usability or its safety shall not constitute Accidental Damage. We shall (acting reasonably) have sole determination of whether damage done to a Mobile Device is deliberate.
  • Act of God refers to natural disaster, fire, flood, war, invasion, act of foreign enemy, hostilities or warlike operations, civil war, civil commotion.
  • Mobile Device means a mobile phone that performs many of the functions of a computer, typically having a touchscreen interface, Internet access, and an operating system capable of running downloaded applications (“Smartphone”), or a wireless portable personal computer with a touchscreen interface that does not have a permanently attached keyboard (“Tablet”) that You purchase from TreeUnder and is covered by the Services.
  • Product means a product listed for sale on TreeUnder and covered by the Services under this Service Contract.
  • Purchase Price means the price, without any retailer discount or shipping cost, of the Product covered under this Service Contract
  • Refurbished means a used product that is in very good condition. There will be signs of use such as scratches but will not include deep scratches and no significant signs of heavy wear and tear. This will not affect the functions of the Product.
  • Service(s) means arranging for the repair or replacement of the Product pursuant to this Service Contract.
  • We, us and our refers to TUG Asia Pte. Ltd. (“TreeUnder”), the provider of the Services under this Service Contract.
  • You and your refer to consumers who purchase Products and cover by the Services under this Service Contract.

TreeUnder Wallet

For the terms and conditions governing your use of TreeUnder Payment Account (also known as “TreeUnder Wallet”), please click here

TreeUnder Payment Protection Policy

(Updated as of October 2019)

This TreeUnder Payment Protection Policy (“Policy”) supplements the TreeUnder Terms of Use, TreeUnder Wallet Privacy Policy and TreeUnder Wallet Terms and Conditions (collectively, the “TreeUnder Terms”) with regard to your TreeUnder Account. If any matter is not provided for in this Policy but is provided for in the TreeUnder Terms, the provisions of the TreeUnder Terms shall prevail. If there is a conflict between the provisions of this Policy and the provisions of TreeUnder Terms, the provisions of this Policy shall prevail to the extent of such conflict. Unless otherwise expressly provided herein, the capitalized terms shall have the same meanings as set forth in the TreeUnder Terms. This Policy is a legal agreement between you and TreeUnder Singapore Pte. Ltd.. By using your TreeUnder Account, you agree to be bound by the terms of this Policy.

1.1 Protection against Unauthorized Transactions.

TreeUnder will provide you with compensation for Unauthorized Transactions (defined below), provided that you comply with the procedures set out within the Policy.

An “Unauthorized Transaction” occurs when, because of a fraudulent take-over of the TreeUnder Account:

(a) money is sent from the value stored within your TreeUnder Wallet that you did not authorize and that did not benefit you;
(b) a transaction or Top Up to the TreeUnder wallet is made from a credit or debit card saved in your TreeUnder Account that you did not authorise and that did not benefit you; or
(c) a transaction or Top Up to the TreeUnder wallet is made from the Direct Link account, that you did not authorise and that did not benefit you.

Notwithstanding the foregoing, you have an obligation to ensure the safety and security of your TreeUnder Account. If you authorize someone to access your Wallet by providing them with your login information or otherwise, and they conduct transactions without your knowledge or permission, you shall be responsible for all consequences arising from such use.

1.2 Notify TreeUnder

  1. You should immediately notify TreeUnder if you believe there has been an Unauthorized Transaction or unauthorized access to your TreeUnder Account. To be eligible for compensation under this Policy, you must notify us within 60 days from the date an Unauthorized Transaction first appears in your account.
  2. You should regularly log into your account and review your order history to ensure that there has not been an Unauthorized Transaction. TreeUnder will send you an e-mail through the-mail address you have provided to notify you of every transaction made in your account. You should check these transaction confirmation messages to ensure that each transaction has been authorized by you and the information in your account is accurate.
  3. If an Unauthorized Transaction appears in your account, please contact TreeUnder Customer Service through the contact us page (https://www.TreeUnder.sg/contact). You will need to provide a complete set of information and/or documentation, in accordance with the requirements set out on that page and as requested by us, in order for the investigation to begin. TreeUnder will only initiate an investigation upon receipt of all information/documents.

1.3 Actions taken by TreeUnder upon receipt of notification

  1. Once you notify us and provide us with a complete set of the necessary information and/or documents that we request, we will do the following:
    (a) We will conduct an investigation and determine whether there has been an Unauthorized Transaction.
    (b) TreeUnder will complete the investigation within 2 working days from the date where all necessary information and/or documents were received by us.
    (c) We will inform you of our decision once we complete the investigation
  2. If we determine that the Unauthorized Transaction is one which qualifies for TreeUnder Payment Protection, we will credit the full amount of the Unauthorized Transaction to the respective sources as shown below:Unauthorized Transaction Made From:  ][  Reimbursement Made To:
    TreeUnder Wallet                           ][      TreeUnder Wallet
    Saved Card                                    ][      Saved Card*
    Direct Link                                     ][       TreeUnder Wallet* Customer’s receipt of reimbursement amount is dependent on the Bank/Partner’s processing timelines
  3. If we determine that the Unauthorized Transaction is one that does not qualify for TreeUnder Payment Protection, we will send you an email to notify you of our decision which shall be final and conclusive.

1.4 Scope of protection

  1. The following types of transactions are excluded from the scope of coverage of our TreeUnder Payment Protection Policy:
    (a) Disputes on genuine transactions, such as non-receipt of the item you have purchased;
    (b) Where we determine that there has been fraud or negligence on behalf of the Customer. For example, if we determine that you have wilfully provided your account credentials to third parties, have acted fraudulently or have failed to take all steps and precaution in protecting your account;
    (c) Where we determine that you have a proven track record of engaging in and/or abetting fraudulent activity and/or disputes of unauthorized transactions;
    (d) Where the Unauthorized Transaction took place under unforeseeable circumstances, including but not limited to natural disasters, outbreak of war, terrorist incidents, civil unrest, which are beyond TreeUnder’s reasonable control;
    (e) Where the Unauthorized Transaction took place as a result of any terminal or system (including TreeUnder and Alipay) being impacted by, including and not limited to, hacking attempts, bank system upgrades/malfunctions, telco downtime etc, which you were aware before the Unauthorised Transaction took place;
    (f) ‘Compromises arising from 3rd party partners’: The Unauthorized Payment was the result of a compromise by a 3rd party partner such as a partner bank; or
    (g) Any regulatory or legal restriction that prevents the reimbursement to be made to the Customer.

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