FUNNELFLOCK PLATFORM TERMS AND CONDITIONS
“Customer” means a user of the Platform and/or Services;
“Intellectual Property Rights” means all current and future copyright and related rights, rights in databases, patents, rights to inventions, utility models, trade marks, trade and business names, domain names, marks and devices, trade dress, trade secrets, confidential information, know-how, rights in designs, and all other intellectual property rights, in each case whether registered or unregistered, and including all applications for, and renewals or extensions of, any of those rights, and all other similar or equivalent rights or forms of protection in any relevant country of the world;
“Merchant” means a third party car dealer which has elected to advertise its cars on the Platform;
“Platform” means (a) the web or mobile versions of the website owned and operated by FunnelFlock, which is presently located at www.funnelflock.com; and (b) the mobile applications made available from time to time by FunnelFlock, including the iOS and Android versions;
“Services” means (a) the services provided by FunnelFlock through the Platform; and/or (b) the services provided to assist Customers to acquire a car.
2. About FunnelFlock
FunnelFlock is a proprietary limited company incorporated in Singapore. We are a platform dedicated to bringing deals and promotions relating to cars to Customers. Through our Platform, we enable Customers to browse, search, and indicate their interest to acquire a car from various Merchants.
3. Use of the Platform and Services
3.1 As a condition of your use of the Platform and/or Services, you warrant that you are at least 18 years old.
3.2 You warrant that you have the right to provide any and all information you submit to FunnelFlock, and that all such information is accurate, true, current, and complete. You agree and undertake to update and correct all information you have submitted to FunnelFlock and ensure that it is accurate, true, current, and complete at all times.
3.3 You agree to at all times use and access the Platform only for lawful purposes and in a lawful manner, and to comply with any and all operating rules, instructions, guidelines, notices and policies pertaining to the use and access of the Platform, all of these as may be amended from time to time.
4.1 FunnelFlock provides the Platform for Merchants to list and promote their cars, and for Customers to browse, search, and indicate their interest to acquire a car from various Merchants. It is the Customer’s responsibility to ensure that any cars available through the Platform meet the Customer’s specific requirements.
4.2 The listing of a price on the Platform and/or the Customer’s indication of interest to acquire the car does not guarantee that the car may be acquired at that price. The promotional price and special terms and conditions may be available only if a sufficient number of Customers indicate their interest in that particular deal or if the specific promotion criteria is satisfied (“Conditions”), within a specified time period (if applicable). The Conditions required, if any, will be stated clearly on the listing on the Platform.
4.3 Once the Condition (if any) is met, or upon the expiry of the specified time period, FunnelFlock will contact each Customer who has indicated an interest in the deal via email or phone to request further details and documentation in order to process the loan application relating to the car (if any). Once the loan is approved (if required), FunnelFlock will arrange for the sales contract to be signed by the Customer, and for a non-refundable deposit to be paid by the Customer to Merchant (“Deposit”). Thereafter, the completion of the sale and purchase of the car will be handled directly between the Customer and the Merchant. For the avoidance of doubt, the Merchant is the seller of the cars, and any contract between the Customer and the Merchant with respect to a car is a matter between the Customer and the Merchant only. FunnelFlock’s responsibility relates solely to the advertisement of the car on the Platform and arranging for the administrative matters to be performed up to the payment of the Deposit.
4.4 FunnelFlock reserves the right to discontinue any car promotion or advertisement for any reason and may remove all references to the promotion or advertisement from the Platform. In such event, FunnelFlock will within a reasonable time inform Customers who have indicated an interest in the deal of such discontinuance.
5. Account Registration
5.1 You do not need to register an account in order to browse or conduct searches on the Platform. However, you will need to register for an account on the Platform in order to express your interest to acquire a car from a Merchant.
5.2 You may create and hold only one account on the Platform for your personal use and must register using a valid email address that you access regularly. You shall ensure that all information you have submitted to FunnelFlock through the Platform is accurate, true, current, and complete at all times.
5.3 Once you register an account, we will allocate a password to your account, which you may change. You shall keep your password confidential and immediately notify us if any third party becomes aware of that password or if there is any unauthorised use of your email address or account or any breach of security known to you.
6. Representations and Warranties; Disclaimers
6.1 We represent and warrant that we have the right and authority to promote the cars on the Platform on the Conditions specified.
We provide the Platform and Services “as is” and “as available”, without any express, implied or statutory warranties of title, merchantability, fitness for a particular purpose, non-infringement, or any other type of warranty or guarantee. FunnelFlock does not guarantee:
(a) other than the Conditions, the accuracy, reliability or correctness of any other data provided through the Platform and/or Services;
(b) that the Platform and/or Services will meet your specific needs or requirements;
(c) that the Platform will function in an uninterrupted manner or be secure; and
(d) that the Platform will be free of viruses or other harmful code.
Nothing in these Terms and Conditions operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under any law where to do so would contravene that law or cause any term of these Terms and Conditions to be void. To the extent that they are not permitted to be excluded, our liability shall be limited to supplying the Platform and/or Services again or paying the cost of having the Platform and/or Services supplied again.
7. Errors and Omissions
FunnelFlock 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 Platform of the Services will be free of faults and we do not accept liability for any errors or omissions.
8. Links to Third Party Websites
The Platform may contain hyperlinks to websites maintained by third parties, including websites operated by a Merchant. These websites and the content contained therein are not under our control and we are liable for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any information, products or services available on or through any such website. We do not endorse these websites and you agree that your access to and use of such websites is entirely at your own risk.
9. Intellectual Property Rights
9.1 FunnelFlock or its licensor(s) owns all rights, title and interest (including without limitation all Intellectual Property Rights) in and to the Platform, Services, and all data generated or collected in connection with the use thereof (“Materials”). By using and accessing the Platform, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Platform pursuant to these Terms and Conditions and to any additional terms and policies set forth by FunnelFlock. You shall not copy, modify, reverse engineer, create derivative works from, license, distribute, or otherwise make any unauthorised use of the Materials.
9.2 The Platform may provide you may various opportunities to submit reviews, comments or ideas about improvements to our Platform or the Services (“Commentary”). FunnelFlock will presume that any submission was voluntary, unsolicited by FunnelFlock, and delivered to FunnelFlock without any restrictions on use of the Commentary. FunnelFlock has no fiduciary or any other obligation to you in connection with any Commentary which is submitted. FunnelFlock is free to use any Commentary or the ideas reflected in the Commentary without any attribution or compensation to you.
10. Personal Data
11. Limitation of Liability
11.1 Under no circumstances will FunnelFlock be liable to you for exemplary, special, indirect, incidental or consequential loss or damage (including any or actual prospective loss of revenue or profits) resulting from your use or inability to use the Platform and/or Services or for any other damages arising out of or in connection with these Terms and Conditions, even if such damages are reasonably foreseeable.
11.2 Further, any liability not disclaimed or denied by FunnelFlock is limited to your direct and documented damages and, you agree, that in no event will such liability exceed in aggregate SGD$1.00.
11.3 These limitations of liability apply regardless of the basis of your claim, including contract, tort, negligence, strict liability or any other legal theory or basis.
You shall defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses, including legal fees, arising in any way from your use of the Platform and/or the Services or the placement of any information or other materials through the Platform by you.
13. Breach of these Terms and Conditions
13.1 In the event that you violate any of these Terms and Conditions, FunnelFlock may, in its sole and absolute discretion and upon giving you written notice, suspend or terminate your use and access to the Platform and/or Services.
14. General Provisions
14.1 Right to amend
FunnelFlock has the right to change or add to these Terms and Conditions at any time, and to change, delete, discontinue, or impose conditions on use of the Platform and/or Services by posting such changes on the FunnelFlock website at www.funnelflock.com or any other website FunnelFlock maintains or owns. FunnelFlock may provide the Customer with notice of any changes through the FunnelFlock website, via email, or through other means. The Customer’s use of the Platform and/or Services after a change has taken effect constitutes his/her acceptance of the modified Terms and Conditions. The Customer can access a copy of the current Terms and Conditions on the FunnelFlock website at any time. The Customer can find out when the Terms and Conditions were last changed by checking the “Last Updated” date at the bottom of these Terms and Conditions.
FunnelFlock reserves the right to delegate or sub-contract the performance of any of its obligations under these Terms and Conditions.
The Customer may not assign these Terms and Conditions or any rights or licences granted in these Terms and Conditions to others without FunnelFlock’s prior written consent. FunnelFlock may assign these Terms and Conditions without the Customer’s consent or any other restriction.
14.4 No agency
Except as expressly stated in these Terms and Conditions, nothing in these Terms and Conditions serves to establish a partnership, joint venture, or other agency relationship between FunnelFlock and the Customer. Neither FunnelFlock nor the Customer has the ability to bind the other party to any contract or obligation, and neither party will represent that FunnelFlock or the Customer has such an ability.
14.5 Force majeure
FunnelFlock shall not be liable for any delays in processing or other nonperformance caused by telecommunications, utility, or equipment failures; labour strife, riots, war, or terrorist attacks; nonperformance of our vendors or suppliers; fires or acts of nature; or any other event over which FunnelFlock has no reasonable control, including any act or omission of a Merchant.
14.6 Third parties
A person who is not a party to these Terms and Conditions may not enforce any of the provisions under the Contracts (Rights of Third Parties) Act (Chapter 53B).
14.7 Entire agreement
These Terms and Conditions and all policies and procedures that are incorporated by reference constitute the entire agreement between FunnelFlock and the Customer for provision and use of the Platform and/or Services. Except where expressly stated otherwise in writing executed between FunnelFlock and the Customer, these Terms and Conditions will prevail over any conflicting policy or agreement for the provision or use of the Service.
14.8 Dispute resolution
Any dispute arising out of or in connection with these Terms and Conditions shall be notified in writing by one part to the other, and the parties shall use their best efforts to settle the dispute amicably. If the parties are unable to resolve the dispute within 20 days of such notification, then such dispute shall be referred to and finally resolved by arbitration in Singapore in accordance with the SIAC Rules for the time being in force which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one arbitrator to be jointly appointed by the parties and in the event that the parties fail to agree on the appointment, by the President of the Court of Arbitration of the SIAC. The language of the arbitration shall be English. Nothing in this clause prevents a party from seeking urgent or similar interim relief from a court of competent jurisdiction.
14.9 Law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore. Subject to Clause 14.8, the parties agree to submit to the non-exclusive jurisdiction of the courts of Singapore.
Last updated: October 2017