TERMS AND CONDITIONS OF USE
BY USING THIS FUSE APP AND OUR SERVICE, YOU AGREE TO THESE CONDITIONS. PLEASE READ THIS DOCUMENT CAREFULLY.
This Terms and Conditions of Service (“T&Cs”) is a legal agreement between you (referred to herein as “you” or “your”) and Pose Group Pte. Ltd. (“Pose Group”, “we”, “our”, or “us”) for access to and use of our mobile application (the “App”) and the related software, feeds, and online services owned, controlled or offered by us (referred to collectively as the “Service”).
You represent and warrant that you have the legal authority to enter into this T&Cs and to be bound by its terms. By using the App, you confirm that you are at least 18 years old and will provide identification card upon a request to verify your age as may be required from time to time. You also agree not to allow any person below 18 to access this App and you agree not to access the Service on behalf of a minor. If you are acting on behalf of a company or entity, you represent that you have the authority to bind such entity.
Access to the App is only permitted subject to acceptance of this T&Cs. By accessing and using the App and the Service in any manner, you agree to be bound by the terms and conditions of this T&Cs. In addition, you also will be subject to the specific guidelines, terms and agreements applicable to the purchase of a Product. If any of the terms of this T&Cs or other relevant terms are unacceptable to you or in the event that any future changes are unacceptable to you, you may discontinue the Service and the use of the App by removing the App from your device. Your continued use of the App now, or following the posting of any changes in this T&Cs, will indicate acceptance and agreement by you of such changes.
Use of the App
You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App or the Service. We do not guarantee that the App or the Service can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or the Service will be available in, or that orders for a Product can be placed from, any particular geographic location. As part of the Service and to update you regarding the status of the Service being provided to you, you may receive push notification, local client notifications, text messages, picture messages, alerts, emails, or other types of messages directly sent to you outside or inside the App (“Push Messages”). You acknowledge that, when you use the App or the Service, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through your mobile device's operating system (with the possible exception of infrequent, important service announcements and administrative messages). You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App or the Service on your mobile device, including for your receipt of Push Messages from us.
The purpose of the App is to provide an electronic platform to connect consumers to selected licensed retailer (the “Seller”) to facilitate the sale, service of alcoholic beverages (the “Product”), and to facilitate the delivery of the Product to you (the “Delivery Agent”). All orders placed through the App are accepted, reviewed, and ultimately fulfilled by the Seller. We are not a licensed retailer of alcoholic beverages and we are not licensed to deliver any of the Product. The sale of the Product is conducted by the Seller and the delivery of the Product is conducted by the Delivery Agent. In providing the Services, we will also process payment for the Product on behalf of the Seller. You agree to be bound to the Order and Shipping Policy which is disclosed to you in the App and by using the App you have accepted the Order and Shipping Policy.
No joint venture, partnership, employment, or agency relationship exists between us and any business or third party, including but not limited to the Seller or the Delivery Agent. We are not be liable for any sale, service, transportation, delivery, or alcohol purchasing services provided by any third party. Pose Group is not a vendor or co-vendor of any goods and/or services provided by any third party.
You agree that (i) you will use the App and/or the Service for lawful purposes and solely in accordance with this T&Cs, (ii) all information supplied by you to us will be true, accurate, current and complete, (iii) you may receive the Push Messages from us from time to time, and (iv) you will review the latest version of this T&Cs from time to time to check for amendments that may apply to you (as more fully described below). We retain the right at our sole discretion to deny or suspend access to the Service to anyone, at any time and for any reason, without liability.
You acknowledge and agree that your use of the App and/or Service, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the Service or the App, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Service and the App for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of this T&Cs and/or any rule or policy of ours and/or any law.
You are solely responsible for any breach of your obligations under this T&Cs and for the consequences (including any loss or damage which we may suffer) of any such breach.
Your mobile carrier’s normal messaging, data and other rates and fees will apply to all communications we send to your mobile device and to your access of the Service or the App via your mobile device. Your carrier may prohibit or restrict certain capabilities of the Service, and certain capabilities of the Service may be incompatible with your carrier or mobile device.
If you provide us with your payment or credit card details, we are not liable for any improper or illegal use of your personal details. We do not have any obligation or liability to you in relation to any fraud or illegal use of your personal details including the illegal use of your credit or payment card on this App.
Restrictions on Use of the Service.
You represent, warrant, and agree that you will not:
use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this T&Cs and/or any and all applicable laws and regulations and international treaties;
use the Service for the distribution, housing, processing, propagation, storage, or otherwise handling in any way abusive, defamatory, harassing, libelous, lewd, libelous, obscene, pornographic, threatening, or tortuous material, or any false or misleading material, or any other material (including links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful;
permit or otherwise enable unauthorized users to access and/or use the password-protected portions of the Service;
use the Service to export data in violation of applicable laws;
sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Service, or otherwise permit any third party to use or have access to the Service for any purpose (except as expressly permitted by us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Service;
remove any copyright, trademark, patent or other proprietary notices from the Service;
distribute, publish, exhibit, or otherwise use the Service, in any manner and for any purpose not expressly permitted under this T&Cs;
frame or utilize framing techniques to enclose the Service, or any portion thereof;
exploit the Service or collect any data incorporated in the Service in any automated manner through the use of bots, metaspiders, crawlers or any other automated means;
register as a user of the Service by providing false, inaccurate, or misleading information;
use the Service to impersonate any person or entity, including, but not limited to, an employee of ours, or falsely state or otherwise misrepresent your affiliation with a person or entity;
submit or post irrelevant Content (as defined below), repeatedly submit or post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
attempt to gain unauthorized access to our systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service (or the servers and networks which are connected to the Service).
Provision of the Service by Pose Group.
We are constantly improving the Service and the App in order to provide the best possible experience for our users. You acknowledge and agree that and the features of the App and/or the form and nature of the Service which we provide may change from time to time without prior notice to you. Any new features that augment or enhance the current Service or the App shall be subject to this T&Cs.
You may stop using the Service and the App at any time. You do not need to specifically inform us when you stop using these.
Access to the Service; Reservation of Rights.
Provided that you comply at all times with the terms of this T&Cs, we hereby give you a personal, worldwide, revocable, non-assignable and non-exclusive right to access and use the Service to the extent we make it available to you in the manner and for the purposes expressly permitted by the Agreement. You may not assign (or grant a sub-license of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service and any such attempt shall be null and void at the time of such attempt.
We reserve all right, title and interest in and to the Service not expressly granted to you under this T&Cs. There are no implied licenses under this T&Cs.
Your Password and Account Security.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the App and/or the Service. Accordingly, you agree that you will be responsible to us for all activities that occur under your account.
Content in the App; Citations.
You understand that all information (such as data files, location information, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the App and the Service are the sole responsibility of the person from which such content originated. All such information is referred to as “Content”.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Pose Group cannot guarantee the authenticity of any Content or data which users may provide. You acknowledge that all Content accessed by you using the Service or the App is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.
You acknowledge that Content presented to you as part of the Service may be protected by intellectual property rights which are owned by any third party, such as the person and/or entity that provides that Content to us (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by us or by the owners of that Content, in writing.
We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content.
You understand that by using the Service and the App you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk.
You agree that you are responsible for (and that we have no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and the App and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Service, the App, including any intellectual property rights which subsist in the Service and the App (whether those rights happen to be registered or not, and wherever in the world those rights may exist) including, without limitation, all rights with respect to copyrights, patents, trademarks, service marks, moral rights, trade names, domain names, technology, mask works, know-how, design rights, trade dress, trade secrets, inventions, ideas, processes, formulas, source code and object code, data, and similar rights including the information in any application, registration, or renewal thereof that may be protected under the intellectual property laws, regulations, or rules of any country. Without limiting the foregoing, all data, graphics, icons, images, logos, text, and the compilation of all content therein, and all service marks, trademarks, trade names, and trade dress depicted on the Service are owned by us (or our licensors).
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to Content or contained within the Service.
Rights you grant to us.
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service.
You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully-paid up, royalty free license to use the feedback you provide to us in any way.
You agree that we are not responsible for protecting and enforcing any intellectual property rights granted by you to us in connection with this T&Cs and that we have no obligation to do so on your behalf.
In connection with Content you submit, post or display via the Service, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such Content in the manner contemplated by the Service and this T&Cs. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant us all of the license rights granted herein.
You understand that we may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as we deem necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit us to take these actions.
You represent and warrant to us that you have all the rights, capacity, power and authority necessary to grant the above licenses.
When you use the Service or the App, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You agree that we may communicate with you electronically, in variety of ways such as by e-mail, notices posted on the Service, Push Messages and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this T&Cs.
Changes to the T&Cs.
We reserve the right to change, amend and/or modify this T&Cs, in whole or in part, at any time, by posting a notice on this page or sending you with reasonable notice that a change, amendment or modification has been made. You agree that reasonable notice includes, by way of example, a reasonably prominent posting on the site or the sending of an e-mail to you, indicating that this T&Cs has been changed. You hereby acknowledge and agree that such changes, amendments and/or modifications will become effective when posted on the Service or as otherwise provided by us. From time to time, we may post on the Service or otherwise notify you of additional or different rules and policies relating to the Service. These rules and policies shall thereafter be part of this T&Cs. If you use the Service after the posting or other notice of changes in this T&Cs or changed rules or policies, you are agreeing to follow and be bound by them for such use.
The Service is provided to you on an “as is” and “as available” basis, without warranty or representation of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. To the fullest extent permitted by law, we expressly disclaim all warranties, whether express, implied, statutory or otherwise, including without limitation, any warranty of merchantability, title, non-infringement, quality, and/or fitness for a particular purpose. without limiting the foregoing, we do not warrant the accuracy, reliability or completeness of any information provided by us in connection with your use of the service, or that the service, including, without limitation, any data, files, and/or other information stored on a server owned or under our control or in any way connected with the service, will meet your requirements or be available, uninterrupted, error-free, virus-free or secure. Some jurisdictions do not allow the exclusion of certain disclaimers or limitations of warranties, so the above exclusion may not apply to you. Any material or information downloaded or otherwise obtained through the use of the service is done at your own discretion and risk. You will be solely responsible for any loss or damage to your computer system or other device or loss of data or privacy that results from the download of any such material or information. No advice or information, whether oral or written, obtained by you from us or through or from the service shall create any warranty not expressly stated in the agreement. We do not warrant the accuracy and completeness of the materials or information on the App. Information published at the App may refer to products, programs or services that are not available in your country.
Disclaimer of liability.
You expressly acknowledge and agree that use of the App or the Service or Product are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the fullest extent permitted by law, in no event shall we, our affiliates, directors, members, managers, officers, employees, agents or third party licensors, be liable to you or any third party for any special, indirect, incidental, consequential, punitive or exemplary damages or losses arising out of or relating to this T&Cs, the App, the Service and/or the use of Product provided hereunder, even if we have been advised of the possibility of such damages. This limitation of liability applies whether the alleged liability is based on contract, negligence, recklessness, professional negligence, tort, strict liability or any other basis or legal theory. Such limitation of liability shall apply whether or not the damages arise directly or indirectly from: (i) the use or misuse of, or reliance upon, the Service provided hereunder; (ii) the inability to use the Service for any reason, including, without limitation, from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or any failure of performance not limited to acts of god, communication failure, theft, or destruction; (iii) the interruption, suspension, or termination of the Service; or (iv) the deletion and/or corruption of any data, information, documents, files and/or any other materials stored on a server owned or under our control or in any way connected to the Service. Such limitation on liability shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. In no event shall Pose Group’s total liability to you for all damages exceed the amount of USD50. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
If you purchase Product from a Seller listed on the App, the transaction remains entirely between you and that Seller. While we take care to list only reputable, bona fide Seller, we cannot take responsibility for failed or dissatisfactory transactions. Contact the Seller directly to confirm stock availability.
Release and Indemnification.
By using the App or the Service, you agree to release, indemnify and hold harmless us, our affiliates, directors, members, officers, employees, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including attorneys’ fees, arising out of or in connection with (i) your use or misuse of, or reliance upon, the Service or the App, (ii) your violation or breach of any term of this T&Cs or rights of another, and/or (iii) your negligence or willful misconduct. Pose Group is not responsible for the sale, service, transportation or delivery of Product and is not liable for damages resulting from the use of the App or the Service and/or the Product.
For the avoidance of doubt, this section shall survive the termination of this T&Cs.
Term and Termination.
This T&Cs is effective until terminated by us or you. We shall have the right to terminate this T&Cs including, without limitation, your right to access and use the Service and the App, at any time in our sole discretion, with or without cause and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this T&Cs. You may terminate this T&Cs at any time by deleting all copies of the App in your possession or control, if any, and discontinuing use of any and all parts of the Service. Upon termination of this T&Cs for any reason, you shall immediately cease using the Service and the App and will destroy all copies (full or partial) of the App in your possession or control. Removal of the App or discontinuing use of the Service does not relieve you of your prior liabilities and continuing obligations under this T&Cs, as applicable.
Where we has provided you with a translation of the English language version of this T&Cs, then you agree that the translation is provided for your convenience only and that the English language version shall be prevail if there is any inconsistency between the languages.
Governing Law and Dispute Settlement.
This T&Cs, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. You understand that, in return for agreement to this provision and the disclaimer of liability and disclaimer of warranties herein, we are able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this T&Cs.
If any provision in this T&Cs is invalid or unenforceable or contrary to the applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this T&Cs shall remain in effect.
No Assignment, Sublicense or Transfer.
You may not assign, sublicense, or transfer this T&Cs or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this T&Cs.
This T&Cs sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of this T&Cs shall survive the expiration of this T&Cs. Any waiver of or promise not to enforce any right under this T&Cs shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. No vendor, distributor, dealer, Seller, agent, sales person, or other person is authorized by us to modify this T&Cs or to make any warranty, representation, or promise that is different than or in addition to the warranties, representations, or promises expressly set forth in this T&Cs.