3radical
App Terms & Conditions
For the purpose of these terms and conditions “3radical”, “We”, “Us” and “Our” means 3radical Pte Ltd of 3 Church Street, Level 8, Samsung Hub, Singapore 049483. “You”, or “Your” refers to You, the customer and user of the Service. By using any 3radical produced app (“The App”) or registering for an account to use The App, accessing an associated website or applying for an offer sent within The App (together the “Service”), You are deemed to have accepted these terms and conditions.
We reserve the right to terminate the Service and this Agreement at any time, and to disable or cancel your user account, at any time and without notice, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
The App is a mobile phone environment in which players receive, and are rewarded for taking up, offers of products and services and other promotions. It may include promotions including playing games or entering competitions.
The Service is brought to You by Us, and can be based on Your location and the information we hold. If you have downloaded The App and wish to switch off location services, please change your settings on the app.
Access to the Service is only open to users aged 13 years or over. Certain offers shall only be available to users aged 18 or over. You hereby warrant that all information submitted by You to Us is accurate and current. We reserve the right to verify the eligibility of users.
By using the Service, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
You may receive a user name and password when you register for the Service. You are responsible for maintaining the confidentiality of the password and account and should not disclose it to any third party whatsoever. You remain fully responsible for all activities that take place using your password or account. You agree to immediately notify Us of any unauthorised use of your account and any other breach of security. We accept no liability for any loss or damage arising from your failure to comply with these requirements.
You agree that the information supplied by You to Us may be used by 3radical or our agents for the following purposes which shall include but are not limited to: sending offers and messages, monitoring the use of the service, and from time to time evaluating if we can improve the service for customers. Your information will be treated in accordance with our Privacy Policy, which can be viewed at www.3radical.com/AppPrivacyPolicy.
If You receive a message in the Service that offers You the opportunity to browse and or call to learn more, depending on the mobile tariff You are on, charges may apply.
If You are roaming when You receive a message in the Service and You reply/call or browse, depending on the mobile tariff You are on, roaming charges may apply.
We reserve the right to make any changes to the Service or to discontinue any aspect or feature of the service without notice to users. We may modify or withdraw the Service or elements of it (including charges for the service) at any time. If we change these terms to Your significant disadvantage we will notify You.
We reserve the right to change these terms and conditions at any time. Your continued use of the Service will be deemed to have accepted the varied terms and conditions which will be posted on www.3radical.com/AppTerms.
Any use of the service by You is on an “as is” and an “as available” basis. You agree and accept that the Service is not a fault-free service and is for Your own personal use and shall not be used for commercial purposes.
Any use of the Service is entirely at Your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 3RADICAL, ITS AFFILIATES FROM TIME TO TIME AND CONNECTED THIRD PARTIES EXPRESSLY EXCLUDE ALL WARRANTIES INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE MATERIAL DISPLAYED ON THE SERVICE IS ACCURATE, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ALL OTHER TERMS IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT 3RADICAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU OR ANY USER IN CONNECTION WITH OUR SERVICE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF OUR SERVICE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR ANY LOSS OF DATA, PROFITS, INCOME OR REVENUE, OR FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, PROVIDED THAT THIS CONDITION SHALL NOT PREVENT CLAIMS FOR LOSS OF OR DAMAGE TO YOUR TANGIBLE PROPERTY OR ANY OTHER CLAIMS FOR DIRECT FINANCIAL LOSS THAT ARE NOT EXCLUDED BY ANY OF THE CATEGORIES SET OUT ABOVE.
Our total aggregate liability arising out of or related to these terms of use shall not exceed the lower of the amounts paid by You when using the Service during the six months preceding the bringing of any claim, or one hundred singapore dollars.
Offers in the Service are subject to availability and may only be available while stocks last. We will not be responsible if Your offer is incomplete, lost or not received.?Links to third party websites and companies may appear on the Service. Such third party websites are not the responsibility of 3radical and We accept no responsibility for the availability, suitability, reliability or content of such third party websites.
You will have a balance of points in the Service which can be used to extend gameplay and for other benefits in the Service. We reserve the right to vary or limit the number of points awarded for different activities, such as social sharing or visiting retail partners, at any time. If we believe that points have been obtained in direct violation of the terms, or outside of the spirit, of the offer or activity for which points were awarded, we may remove those points from Your account in the Service. An example of this would be creating accounts in the Service solely for the purpose of receiving points for referring these new accounts, or obtaining points by sharing social posts to a social media where You have very few followers or make the posts invisible.
Any competitions in the Service are subject to availability and the rules governing the specific competition including but not limited to deadlines, eligibility, criteria for winning, number of prizes, the prizes themselves and whether multiple prizes are available per User. The decision of 3radical concerning winners will be final. If we believe that any User has operated in direct violation of these rules, or outside of the spirit of the competition or fair play, 3radical may disqualify the User from the competition.
Components of the Service are supplied to Us by third parties and We cannot be held responsible for and do not accept any liability, either express or implied as to such components, including but not limited to their accuracy, relevance or quality.
You acknowledge and agree that We are not responsible for the availability of any third party products and services or what You access through the Service. We shall not be held responsible or liable for any content, advertising, products or services available from such third parties. Any dealings between You and any third party advertisers or merchants found on or via the Service, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
3radical accepts no liability or responsibility for any of the third party bookings, products and services provided by third party suppliers. The third party suppliers will be supplying products and services to You on their own standard terms and conditions. Please note that third party offers may be withdrawn or amended at any time.?Whenever you make use of a feature that allows you to upload material to our Service, or to make contact with other users of our Service, you must not:?upload any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or racially or otherwise objectionable;
Any material you upload to our Service will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Service constitutes a violation of their intellectual property rights, or of their right to privacy.
As owner or licensor of the material that you upload onto the Service, you grant Us a non-exclusive, transferable, royalty-free, worldwide license (or sub-license, as applicable) to use, reproduce and publicly display the material on the Service or otherwise.
3radical undertakes to defend you or, at its option, settle any claim or action brought against you alleging that the possession or use of the Service (or any part thereof) in accordance with these Terms of Use infringes the intellectual property rights of a third party. You agree that, if you become aware of any such third party claim, you shall as soon as practicable notify 3radical of the claim, specifying the nature of the claim in reasonable detail; and not make any admission of liability, agreement or compromise in relation to the claim without the prior written consent of 3radical. You further acknowledge that this constitutes your exclusive remedy and 3radical’s only liability in respect of such claims.
For the avoidance of doubt, 3radical shall not defend or settle any such third party claim where the claim in question is attributable to your possession, use, development, modification or maintenance of the Service (or any part thereof) other than in accordance with these Terms of Use, use of the Service in combination with any hardware or software if the infringement would have been avoided by not using of that software or hardware, or use of a non-current version of the Service.
If any such third party claim is made, or in 3radical’s reasonable opinion is likely to be made, against you, 3radical may at its sole option and expense: (i) procure for you the right to continue using the Service in accordance with these Terms of Use; (ii) modify the Service so that it ceases to be infringing; (iii) replace the Service; or (iii) terminate your user account or the Service.
The Service and features within the Service are protected by intellectual property rights belonging to 3radical, its licensors or to third parties. No license is granted to You in respect of any such rights, except to the extent required for Your personal use of the Service in accordance with these terms and conditions. 3radical and any other 3radical product or service name are trade marks of 3radical and You shall not be entitled to reproduce such marks without our prior written consent.
A person who is not a party to these Terms of Use shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act, except for Apple and Apple Inc.’s affiliates, which are third party beneficiaries of these Terms of Use and may enforce these Terms of Use against you as a third party beneficiary hereof.
No waiver by either You or 3radical of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms of Use.
Neither You nor 3radical may assign or transfer any rights or obligations under these Terms of Use without the prior written consent of the other, except that we may assign or transfer any or all of our rights and obligations (without your prior consent) to any of our affiliated companies.
If any court or competent authority finds that any provision of these Terms of Use (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms of Use shall not be affected.
If any invalid, unenforceable or illegal provision of these Terms of Use would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
These Terms of Use (including the Privacy Policy) contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
These Terms of Use are governed and shall be interpreted and construed in accordance with Singapore law. Any dispute or claim arising out of or in connection with these Terms of Use will be subject to the non-exclusive jurisdiction of the courts of Singapore.
May 2014