1.1 You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. We are KooKoo Studios Pte Ltd and we are the owner of this website. We are a company registered in Singapore with our registered office at #11, Lorong 24A Geylang, Singapore 398535 (and we refer to ourselves as "StepCash", "KooKoo Studios", "we" or "us" or "our" in this document). Our Company Number is 201423299E.
1.2 Please read this agreement carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
1.3 These Terms and Conditions were most recently updated on 3 July, 2015 (version 2). We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. You may terminate this Agreement by written notice to us (by post or by email at email@example.com) if you do not wish to be bound by such new terms and conditions. However, continued use of the Service or the Website or a Voucher will be deemed to constitute acceptance of the new terms and conditions.
1.4 Your statutory rights: As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
2.1 In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
2.1.1 "App" means the StepCash app that includes the iOS and Android versions
2.1.2 "Merchant" means a third party seller of goods and services for which a Voucher can be redeemed via the StepCash app and used in the physical store in exchange for the specific offer listed in the voucher.
2.1.3 "Microsite" means an auxiliary website supplementary to our main website.
2.1.4 "Redemption" means the redemption of a Voucher through the use of points converted from steps via the “Get” button and then the “Redeem” button.
2.1.5 "Register" means "create an account on the App and Website" (and "Registration" means the action of creating an account).
2.1.6 "Service" means all or any of the services provided by KooKoo Studios via the App and Website (or via other electronic or other communication from KooKoo Studios) including the information services, content and transaction capabilities on the App and Website (including the ability to make a Redemption).
2.1.7 "Voucher" means a voucher which is subject to terms and conditions, which, if redeemed by you, allows you (i.e. the redeemer of it but not anyone else) to use it at a particular Merchant in exchange for Voucher Products offered by that Merchant.
2.1.8 "Voucher Products" means goods and/or services offered by a particular Merchant which are described as part of a Voucher.
2.1.9 "Website" means the stepcash.com website and any Microsite.
2.2.0 "Token" means a virtual coin given to enable the conversion of steps into points for redemption of a Voucher.
3.1 Applicability of terms and conditions: Use of the Service, App and the Website and any Redemption are each subject to the terms and conditions set out in this Agreement.
3.2 Age: There is no age restriction to use the App, Website and/or the Service and to make any Redemption.
3.3 Place: The App, Website and the Service and any Redemption are directed solely at those who access the App and Website from Singapore. We make no representation that the Service (or any goods or services) are available or otherwise suitable for use outside of Singapore. If you choose to access the App and Website (or use the Service or make a Redemption) from locations outside Singapore, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
3.4 Scope: The App, Website, Service and any Redemption are for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
3.5 Prevention on use: We reserve the right to prevent you using the App, Website and the Service (or any part of them) and to prevent you from making any Redemption.
3.6 Equipment: The Service and use of the App or Website and the making of any Redemption does not include the provision of a computer, mobile phone or other necessary equipment to access the App, Website or the Service or making of any Redemption. To use the App, Website or Service or to make a Redemption, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
4.1 Why to register: You must Register in order to enable tracking of steps by StepCash, convert steps to points and make a Redemption from the App. This is also so that we can provide you with easy access to the vouchers you redeem, view your past redemptions and modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time.
4.3 Passwords: The password is set by you during registration. You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that any person to whom its user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Service, App and Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
4.4 Valid email addresses: All accounts must be registered with a valid personal email address that you access regularly, so that, among other things, moderation emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
4.5 Facebook account: By choosing to sign in using your Facebook account, you have agreed to provide us with access to information residing within Facebook that StepCash is able to extract.
4.6 Closing accounts: We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if an non-SG user pretends to be a SG user, or disrupts the Website or the Service in any way.
4.7 Multiple logons: If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
5.1 Need for registration: KooKoo Studios extends Vouchers via the App and Website that can be redeemed for Voucher Products from a Merchant. You must Register in order to make a Redemption from the App or Website.
5.2 Token: A token is required to convert steps taken into points that are used for redemption of Vouchers. Each token can be used to convert up to 10,000 steps (to 10,000 points). KooKoo Studios reserves the right to amend the number of steps that can be converted by a single token at any time.
5.2 Emails: As a condition of Redemption, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases, as well as updates about the App, Website, Service and Vouchers as well as other promotional offers. (You can always opt-out of our promotional e-mails at any time by clicking the unsubscribe’ link at the bottom of any of such e-mail correspondence.)
5.3 When a Voucher Redemption is complete: When you go through the procedure for redeeming a Voucher, after you have confirmed your acceptance to these terms and conditions and after we have converted the selected number of steps to points via a token, the transaction is complete.
5.4 This Agreement applies: By making a Redemption, you acknowledge that the Redemption is made subject to this Agreement.
5.5 Redemption: Once you have made a Redemption, the Voucher is redeemable by You from a Merchant for Voucher Products provided by that Merchant. The particular Merchant and particular goods and services offered by that Merchant for which the Voucher can be redeemed will be stated on the Voucher. Any attempted redemption of a Voucher not consistent with this Agreement may render a Voucher void at our (or a Merchant’s) discretion.
5.7 RESPONSIBILITY: The Merchant, and not KooKoo Studios or StepCash, is:
5.7.1 the seller of the Voucher Products;
5.7.2 solely responsible for providing you with the Voucher Products and for the Voucher Products themselves; and
5.7.3 solely responsible for fulfiling any Voucher you Redeem.
5.8 Restrictions: (i) Reproduction, sale, resale or trade of a Voucher is prohibited. Any attempt to carry out any of these will potentially void the Voucher at our discretion. (ii) If the Voucher is redeemed for less than its face value, there is no entitlement to a credit, cash or new Voucher equal to the difference between the face value and the amount redeemed. Also, Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
5.9 Combination: It is at the discretion of the Merchant to determine whether Vouchers can be combined with any other promotions, vouchers, third party certificates or coupons.
5.10 Lost/stolen vouchers: Neither we nor the Merchant are responsible for lost or stolen Vouchers or Voucher reference numbers.
5.11 Expiry: The Voucher (including, but not limited to, any discounts provided by the Voucher) expires on the date specified on the Voucher.
5.12 Status of vouchers: All Vouchers are promotional vouchers that are offered for Redemption below their face value and are subject to this Agreement and to any terms and conditions of the relevant Merchant.
5.13 Value Added Tax: Currently the sale of Vouchers by us is not subject to VAT. If SG VAT law changes we reserve the right to charge you VAT in addition to the price for the Vouchers.
6.1 Merchant terms: Merchants will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
6.2 Accurate information: You warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
6.3 Content on the App, Website, Service and Vouchers: It is your responsibility to ensure that any products, services or information available through the App, Website or the Service meet your specific requirements.
6.4 Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Service, App or Website:
6.4.1 to send or receive any material which is not civil or tasteful;
6.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
6.4.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
6.4.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
6.4.5 to cause annoyance, inconvenience or needless anxiety;
6.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
6.4.7 for a purpose other than which we have designed them or intended them to be used;
6.4.8 for any fraudulent purpose;
6.4.9 other than in conformance with accepted Internet practices and practices of any connected networks; or
6.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
6.5 Forbidden uses: The following uses of the Service (App and Website) and Vouchers are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
6.5.1 resale of the Service (App or Website) or any Voucher;
6.5.2 furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
6.5.3 attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
6.5.4 accessing the Service (App or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
6.5.5 executing any form of network monitoring which will intercept data not intended for you;
6.5.6 sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
6.5.7 creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
6.5.8 sending malicious email, including flooding a user or site with very large or numerous emails;
6.5.9 entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
6.5.10 using the Service, App or Website (or any relevant functionality of either of them) in breach of this Agreement;
6.5.11 unauthorised use, or forging, of mail header information;
6.5.12 engage in any unlawful activity in connection with the use of the App, Website and/or the Service or any Voucher; or
6.5.13 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the App, Website and Service.
6.5.14 rigging the StepCash platform to obtain steps not generated from actual walking
7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Service, App or the Website will be free of faults (or Vouchers will be free of error) and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: firstname.lastname@example.org.
7.2 We do not warrant that your use of the Service, App or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service, App or the Website will be transmitted accurately, reliably, in a timely manner or at all.
7.3 We do not give any warranty that the Service, App or the Website is free from viruses or anything else which may have a harmful effect on any technology.
7.4 Also, although we will try to allow uninterrupted access to the Service, App and the Website, access to the Service, App and the Website may be suspended, restricted or terminated at any time.
7.5 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Voucher or service on the Website or forming part of the Service from time to time. Your access to the Website, App and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information or Voucher from the App, Website or Service at any time.
7.6 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.
8.1 If you use (or anyone other than you, with your permission uses) the App or Website or Service or a Voucher in contravention of this Agreement, we may suspend your use of the Service and/or App and/or Website (in whole or in part) and/or a Voucher.
8.2 If we suspend the Service or App or Website or a Voucher, we may refuse to restore the Service or App or Website or Voucher until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.
8.3 KooKoo Studios shall fully co-operate with any law enforcement authorities or court order requesting or directing KooKoo Studios to disclose the identity or locate anyone in breach of this Agreement.
8.4 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Service and/or App and/or Website; ii) suspend your use of the Service and/or App and/or Website; iii) suspend the use of the Service and/or App and/or Website for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:
8.4.1 you commit any breach of this Agreement;
8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
8.5 Notwithstanding anything else in this Clause 8, we may terminate this Agreement at any time.
8.6 Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
9.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of:
9.1.1 any claims or legal proceedings which are brought or threatened against us by any person arising from:
a) your use of the Service or App or Website;
b) the use of a Voucher;
c) the use of the Service or App or Website through your password; or 9.1.2 any breach of this Agreement by you.
10.1 We warrant that:
10.1.1 we will exercise reasonable care and skill in performing any obligation under this Agreement, and
10.1.2 we have the right to extend Vouchers and that Vouchers are of satisfactory quality and fit for their purpose.
10.2 This Clause 10 (and Clause 1.4) prevails over all other Clauses and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
10.2.1 the performance, non-performance, purported performance or delay in performance of this Agreement or the Service or Website (or any part of it or them); or 10.2.2 otherwise in relation to this Agreement or the entering into or performance of this Agreement.
10.3 Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied by ss.12 and 14 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other Liability which cannot be excluded or limited by applicable law (including, without limitation liability pursuant to Clause 1.4).
10.4 We do not warrant and we exclude all Liability in respect of:
10.4.1 the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or App or Website or otherwise; and
10.4.2 the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
10.4.3 your use of any information or materials on the App or Website (which is entirely at your own risk and it is your responsibility);
10.4.4 Voucher Products for which Vouchers may be redeemed and in respect of the quality, safety, usability or any other aspect of the products or services in respect of which is Voucher may be redeemed).
10.5 Save as provided in Clause 10.3 but subject to Clause 10.6, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property other than that caused by our Breach of Duty.
10.6 Save as provided in Clause 10.3 but subject to Clauses 10.4.3 and 10.8, our Liability for loss of or damage to your (or another person’s) tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this Agreement, shall not exceed S$10. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause
10.7 Save as provided in Clauses 10.3 and 10.4.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement.
10.8 Save as provided in Clause 10.3, we shall have no Liability for:
10.8.1 loss of revenue;
10.8.2 loss of actual or anticipated profits;
10.8.3 loss of contracts;
10.8.4 loss of the use of money;
10.8.5 loss of anticipated savings;
10.8.6 loss of business;
10.8.7 loss of opportunity;
10.8.8 loss of goodwill;
10.8.9 loss of reputation;
10.8.10 loss of, damage to or corruption of data; or
10.8.11 any indirect or consequential loss;
and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Clauses 10.8.1 to 10.8.10 apply whether such losses are direct, indirect, consequential or otherwise.
10.9 Save as provided in Clause 10.3, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) S$50; or b) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
10.10 The limitation of Liability under Clause 10.9 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
10.11 In this Clause 10:
10.11.1 "Liability" means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and for the purposes of this definition, all references to "this Agreement" shall be deemed to include any collateral contract); and
10.11.2 "Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
12.1 We may place advertisements in different locations on the App and/or Website and at different points during use of the Service. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
12.2 You will be prompted to watch an advertisement within the App in return for a Token, which you can use to convert steps into points (up to 10,000). This will be asked of you only once a day. You can also choose to watch additional advertisements to earn points but this is up to your own discretion. You can also choose to watch an advertisement to complete a daily mission (if it is available to you as an option) for points but this is also up to your discretion.
12.3 Any advertisements are uploaded by us are done in agreement with the Merchant.
13.1 Where the Website contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept and we assume no responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
13.2 This stepcash.com website may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.
14.1 All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered) in the App, Website and Service, (subject to Clause 14.4) information content on the App and Website or accessed as part of the Service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
14.2 None of the material listed in Clause 14.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. The same applies to content accessed through the App on the mobile phone and tablet. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
14.3 All rights (including goodwill and, where relevant, trade marks) in the KooKoo Studios name are owned by us (or our licensors). Other product and company names mentioned on the App and Website are the trade marks or registered trade marks of their respective owners.
14.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
14.5 The authors of the literary and artistic works in the pages in the App and Website have asserted their moral rights to be identified as the author of those works.
14.6 Subject to Clause 14.7, any material you transmit or post or submit to the App and Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the App, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
14.7 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the App or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
15.1 Interpretation: In this Agreement:
15.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
15.1.2 clause headings such as ("15. GENERAL" at the start of this Clause) and clause titles (such as "Interpretation:" at the start of this Clause 15.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and’
15.1.3 references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
15.2 No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
15.3 No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
15.4 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
15.5 Force majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
15.7 No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
15.8 Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
15.9 Third party rights: All provisions of this Agreement apply equally to and are for the benefit of KooKoo Studios, its subsidiaries, any holding companies of KooKoo Studios, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
15.10 Survival: In any event, the provisions of Clauses 1, 2, 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 6.1, 9, 10, 14 and 15 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the App, Website or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the App, Website or Service. In the event you use Vouchers bought under this Agreement, then those provisions applicable to Vouchers will survive termination of this Agreement.
15.11 Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
15.12 Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with English law and both parties hereby submit to the exclusive jurisdiction of the courts of Singapore.
16.1 We have in place a policy on Website information security. Amongst other things, the information security policies govern the operations of the fitness and electronic commerce business including the security, integrity and confidentiality of information transmitted through the website.
16.2 The policies mentioned below and their brief purpose reflects StepCash’s commitment to Data Protection. For more info, you may reach customer service at email@example.com for english support.
• Reflect the Company’s information security & privacy objectives.
• Prevent the unauthorized use of or access to our information systems.
• Maintain the confidentiality, integrity, and availability of information.
• Support privacy sensitivity and responsible use of personally identifiable information.
• Support compliance with the privacy disclosures made to customers and others.
This policy is guided by security & privacy requirements specific to StepCash’s operating environment, applications, applicable laws, regulations, and best practices. These security and privacy requirements are generally aligned with an internationally recognized industry standard for security, ISO 27002, Code of Practice for Information Security Management, and the Fair Information Practice Principles.
Security Operations Policy
The objective of this policy is to describe the requirements for secure operations of StepCash systems. The following topics are covered:
• Operations Processing
• Virus Management
• Patches and Updates
• Backup Policy
• Third Party Management
Network Security Policy
The objective of this policy is to describe controls required to protect StepCash networks and systems. Network infrastructure must be configured securely in order to prevent unauthorized access and to maintain network integrity and availability.
This is one of a series of information security policies maintained by the Information Security teams designed to protect StepCash information systems.
Physical Security Policy
All StepCash information systems must be properly protected from potential physical and environmental threats to ensure the confidentiality, integrity, and availability of the data contained within. This policy describes the required controls for physical access by employees, contractors, visitors and others to facilities that house information systems, data center security and media disposal.
16.3 CIO duties are locally represented by the IT team in Singapore, situated in StepCash SG office.
17.1 The Website and the Service is owned and operated by KooKoo Studios Pte Ltd, a company registered in Singapore whose registered office is at #11, Lorong 24A Geylang, Singapore 398535. If you have any queries, please contact Customer Services at firstname.lastname@example.org.