TERMS AND CONDITIONS OF SALE
This Terms and Conditions spells out the conditions and manner for the way Tropika Club (Tropika Pte Ltd) (“Company”) our sites and portal collects, uses, maintains and discloses information collected from each visitor and user (“User”) to its our sitess https://www.tropika.club and https://magazine.tropika.club and https://deals.tropika.club.(“Sites”). By making a purchase on our sites, whether as a guest or registered user, you are subject to the terms and conditions laid out on this page. You are advised to read these Terms and Conditions carefully before you start to use the Our sites. By browsing, accessing or using the Our sites or any Services available through it, you hereby indicate that you agree and accept to these Terms and Conditions and that you agree to abide by them. Your use of any part of the Our sites constitutes your acceptance of these Terms and Conditions which takes effect on the date on which you first use the Our sites. If you do not agree with these Terms and Conditions, you should cease using the Our sites immediately.
“Client”, “Customer”, “You” and “Your” refers to you, the person who is accessing this our sites and accepting Tropika Club’s terms and conditions.
“The Company”, “Ourselves”, “We”, “Our” and “Us” refers to our company Tropika Pte Ltd as well as the our sites Tropika Club.
“Party”, “Parties”, or “Us” refers to both the Client and Ourselves.
Right to Amend
We reserve the right to amend these Terms and Conditions at any time without notice to you by posting changes online. You are responsible to regularly review information posted in Our sites to obtain timely notice of such changes. If you do not wish to be bound by these amended Terms and Conditions, you have the right to delete all of your accounts on our Our sites and/or to remove our mobile applications. However, your continue use of our Our sites after changes are posted will be deemed to constitute acceptance of the amended Terms and Conditions.
The following terms shall have the following respective meanings:
- Merchant” means a third party who shall supply or provide the goods and/or services for which a Voucher can be redeemed.
- “Purchase” means the purchase of a Voucher through our sites.
- “Register” means creating an account on our sites.
- “Service” or “Services” means all and any of the services provided by the Company via our sites, including but not limited to the information services, content and transaction capabilities on the Our sites and the availability to make a Purchase.
- “Voucher” means a voucher purchased by the user through our sites to exchange or redeem for the Voucher Products from a particular or relevant Merchant.
- “Voucher Products” means the products and/or services to be supplied and/or provided by the Merchant.
Use of our Sites
Applicability of the Terms and Conditions: Your usage of our sites any of the Services, any Purchase made and/or any other transactions that may be performed or conducted through our sites are each subject to these Terms and Conditions.
Eligibility: To use our sites, the Services and/or to make any Purchase, you must be eighteen (18) years of age or over.
Our sites and/or the availability of the Services and/or any Purchase are directed solely to those who access our sites. We make no representation that the Services are available or otherwise suitable for use by persons outside our sites. If you choose to access our sites (including the use of the Services and/or to make a Purchase) from locations our sites, you hereby agree that you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
The availability of our sites, Services and/or any Purchase are strictly for your noncommercial, personal use only. Commercial use for any business purposes or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.. For the avoidance of doubt, scraping of our sites is not allowed.
You shall not misuse or abuse our sites. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other materials on our sites which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, corrupt data, cause annoyance other users, infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material. We reserve the right, at our own discretion, to prevent you from using the our sites, the Services (or any part of them) and/or from making any Purchase.
Registering for an Account
Once you Register with our sites, we will allocate a password to your account. 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 your account or any breach of security known to you. You agree that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your account. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
Your account must be registered with a valid personal email address that you access regularly, so that, among other things, administration 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 you to validate your account if we believe you have been using an invalid email address.
As a condition of Purchase, 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 our sites, the Services, the Voucher as well as any other promotional offers. You are able to opt-out of receiving our promotional e-mails or to unsubscribe such information at any time by clicking the unsubscribe’ link at the bottom of any of such e-mail correspondence.
Purchase acceptance and completion of the contract between you and the Company will only be established upon the Company issuing a confirmation of transaction of the Purchase to you. For the avoidance of doubt, we shall be entitled to refuse or cancel any purchase without giving any reasons for the same to you prior to the issue of the confirmation of transaction. No concluded contract may be modified or cancelled by you except with the agreement in writing of the Company and on terms that you shall indemnify the Company in full against all loss, costs, damages, charges and/or expenses incurred by the Company as a result of the modification or cancellation, as the case may be. All monetary transactions made by you on our sites are handled and processed by us in accordance with the Company’s Terms and Conditions stated below.
Once you have made a Purchase, you are entitled to redeem the Voucher Products from the particular or relevant Merchant. The details of the Merchant and Voucher Products 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.
Refund of Payment
All refunds shall be made in the form of a Tropika Club Deal credit to the person who made the original payment. 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. All refunds are conditional upon our acceptance of a valid reason (e.g. merchant not able to fulfill the service purchased).
We reserve the right to modify the mechanism of processing refunds at any time without notice.
Responsibility of Merchant
You hereby acknowledge that the Merchants are responsible for:
- the seller or provider of the Voucher Products;
- solely responsible for providing you with the Voucher Products; and
- solely responsible for redemption of any Voucher you have purchased.
- It is at the discretion of the Merchant to determine whether the Voucher can be combined with any other promotions, vouchers, third party certificates or coupons.
- Neither the Company nor the Merchant are responsible for lost or stolen Voucher or Voucher reference numbers.
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. If the Voucher is redeemed for less than its face value, there is no entitlement to a cashback, 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.
The Voucher (including, but not limited to, any discounts provided by the Voucher) expires on the date specified on the Voucher. Any subsequent redemption upon the expiry of the Voucher will not be entertained. All Vouchers are promotional vouchers that are offered for Purchase below their face value and are subject to these Terms and Conditions and/or any terms and conditions as may be specified by the relevant Merchant.
Responsibility of Customer
You hereby acknowledge that the Merchants will have their own applicable terms and conditions in relation to the supply of Voucher Products for the redemption of the Voucher, in which you agree to and shall abide by those terms and conditions.
You warrant and undertake that all information provided for Register and/or in relation to the creation of your account 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.
It is your responsibility to ensure that any products, services or information available through the Our sites or the Service meet your specific requirements. Without limitation, you undertake not to use or permit anyone else to use the Services and/or Our sites:
- to send or receive any material which is not civil or tasteful;
- 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;
- 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;
- 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);
- to cause annoyance, inconvenience or needless anxiety;
- for any fraudulent purpose;
The following use of the Services, the Our sites and/or the Voucher are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
- resale of any Voucher;
- furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
- 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;
- accessing the Services and/or Our sites in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
- executing any form of network monitoring which will intercept data not intended for you;
- 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;
- creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
- sending malicious email, including flooding a user or site with very large or numerous emails;
- 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);
- using the Services or our sites (or any relevant functionality of either of them) in breach of this Terms and Conditions;
- engage in any unlawful activity in connection with the use of the Our sites and/or the Services or any Voucher; or
- engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Our sites and Service.
Conditions on the use of our sites
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 Services or our sites 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: [email protected] We do not warrant that your use of the Services or the Our sites will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Our sites will be transmitted accurately, reliably, in a timely manner or at all.
We do not give any warranty that the Services or the Our sites is free from viruses or anything else which may have a harmful effect on any technology. We will use reasonable efforts to allow uninterrupted access to the Services and the Our sites, however we shall not be held liable in the event access to the Services and the Our sites may be suspended, restricted or terminated at any time.
We reserve the right to change, modify, substitute, suspend or remove without notice any information or Voucher or Services or forming part of the Services from time to time. Your access to our sites and/or the Services 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 Our sites or Service at any time.
If you (or any other third party authorised by you) use the Our sites, the Services and/or the Voucher in contravention of these Terms and Conditions, we may suspend your use of the Services, the Our sites (in whole or in part) and/or the redemption of a Voucher. Upon suspension of usage, we may refuse to restore the Services or Our sites or Voucher until we receive an assurance from you, in the format that we deem acceptable. that there will be no further breach of the provisions of these Terms and Conditions.
If there is any claim made by the Customer against Tropika Club, Tropika Club shall immediately notify the Partner, and promptly after receipt of such notice, the Partner shall assume the defence of such suits, claims or demands and legal counsel for such defence must be approved by Tropika Club prior to being engaged by the Partner to defend such claims. If Tropika Club in its sole discretion so elects, Tropika Club may also participate in the defence thereof. The Partner shall not settle or compromise any claims, suits, demands or consent to the entry of any judgement thereon without prior written consent of Tropika Club. The Partner shall be solely responsible for all costs and expenses incurred as a result of such defence including (without limitation) fees for legal counsel.
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone who is in breach of these Terms and Conditions.
You shall defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Our sites and/or Services or the placement or transmission of any message, information, software or other materials through the Our sites by you or related to any violation of these Terms and Conditions by you or authorised users of your account.
We may place advertisements in different locations on the Our sites and at different points during your use of our sites and/or Services. 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). You are free to select or click on advertised goods and services or not as you see fit. Any advertisements may be delivered on our behalf by a third party advertising company.
All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs) whether registered or unregistered) in the Our sites and Service, information content on the Our sites or accessed as part of the Service, any database operated by us and all the our sites 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 the sole and exclusive of 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.
None of the materials listed in the previous clause 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 Our sites 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. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Our sites without our permission.
All rights (including goodwill and, where relevant, trade marks) in the trade name of Tropika and Tropika Club are owned by us (the Company). Other product and company names mentioned on the Our sites are the trademarks or registered trademarks of their respective owners.
Governing Laws, Jurisdiction and Arbitration
Notwithstanding the above and in the event that you initiate legal proceedings against us, you hereby consent and submit to the exclusive jurisdiction of the Courts in the Republic of Singapore. You agree that all claims that you may have against us arising from or relating to the Tropika Club must be heard and resolved in a court of competent subject matter jurisdiction located in the Republic of Singapore.
Notwithstanding any other provision of these Terms, to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we reserve the right to seek injunctive or other appropriate relief in any Court in the Republic of Singapore and/or the jurisdiction in which such intellectual property rights may have been infringed upon, and you submit to the exclusive jurisdiction of the relevant and respective Courts.