Terms and Conditions
1. Terms and Conditions of Use
You warrant and attest that you are of the age of majority. By using the Site, you are confirming that you meet the minimum age requirement and are fully able and competent to enter into and be bound by this Agreement.
By using the Site and/or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein. This Site is controlled and administered in Singapore and intended for Singapore users. We make no representations that the Site is appropriate or available for use in other locations and those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with any applicable local laws.
4. Registration, User ID and Security
You agree not to collect or harvest any personally identifiable information, including any User IDs or account names from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to all or any materials submitted by them.
You further agree to us monitoring your download activity to ensure that a reasonable quality of service is provided to all users of the Site.
5. Use of the Site/Service
Subject to the restrictions on use and on posting set forth in this Agreement, we hereby grant you permission to use the Site to: access the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Service (collectively, the "Content"); rate and review products; share reviews with other Site users; search the CozyCot database for reviews and product information; forward reviews to people you know, whether or not they are existing users of the Site; participate in giveaways, sample giveaways and other promotions and competitions and awards; and invite people you know to become registered members of the Site.
You may not copy or distribute any portion of the Site and/or Service for any purpose not authorized immediately above without the CozyCot's express written permission. CozyCot does not control the Content posted by third parties via the Service (the "Third-Party Content"), including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Third-Party Content that is offensive, indecent or objectionable. Under no circumstances will CozyCot be held liable in any way whatsoever for any Third-Party Content, including any errors or omissions in any such Third-Party Content, or any loss or damage of any kind incurred as a result of your use of any Third-Party Content or the products which are the subject of Third-Party Content.
You agree that you must evaluate and bear all risks associated with the use of any Content, including the Third-Party Content, including any reliance on the integrity, accuracy, completeness, or usefulness of such Content and the Third-Party Content. In this regard, you understand, acknowledge and agree that you rely on any Content, including the Third-Party Content and any other materials and information in articles, discussion forums, image, photograph and video sharing sections and all other parts of the Site at your own risk.
You understand that CozyCot is not the seller of the goods and services advertised on the Site. CozyCot is a service provider and transaction handler for third party merchants ("Merchants"). CozyCot also offers vouchers from Merchants that can be redeemed in connection with the purchase of goods or services from the Merchant ("CozySpree Vouchers"). The Merchant, not CozyCot, is the seller and provider of the goods and services offered and advertised on the Site, including without limitation the CozySpree Vouchers.
CozyCot is not the agent of any Merchant and takes no responsibility for the products or services for which CozySpree Vouchers may be redeemed. CozyCot makes no warranty as to the quality, safety, usability, or other aspects of the product or service for which CozySpree Vouchers are redeemed. Some services for which CozySpree Vouchers can be redeemed may involve activities that involve potential bodily harm. CozyCot is not liable for any costs, harm or damages that occur as a result of, either directly or indirectly, these, or any other service or activity offered. You are responsible for your own actions in utilizing the goods and services from which CozySpree Vouchers can be redeemed.
You acknowledge that sometimes there may be interruptions in service or events that are beyond the control of CozyCot, and CozyCot shall not be responsible for any data lost while transmitting information on the Internet. While it is CozyCot's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason, including without limitation for routine maintenance.
We also reserve the right to deny access to the Site or any features of the Site to anyone who violates this Agreement or who, in our sole judgment, interferes with the ability of others to enjoy the Site or infringes the rights of others.
6. Rules for Content Posted By You on the Site
(1) The Site may now or in the future permit the submission of graphics, images, designs, information, data, text, articles, including ratings and reviews of beauty products,photographs, videos, podcasts, postings, other types of written or visual works and/or other communications in any format or media submitted by you and other users (collectively, the "Posted Content") and the posting, hosting, sharing, broadcast, transmission, reproduction, adaptation, publication and/or other usage of such Posted Content. You understand that whether or not such Posted Content are used, we do not guarantee any confidentiality, publication or non-infringement with respect to such Posted Content.
(4) You further agree that:
· you will only provide Posted Content that you believe to be true;
· you will not post any content that is: (i) libelous, defamatory, knowingly false or intentionally misleading; (ii) violates the privacy, publicity, moral or any other right of any third party; or (iii) violates any obligation of confidentiality;
· you will not post or distribute content on or via the Site that: (i) is patently offensive to users of the Site, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) is threatening, abusive, obscene, or insulting to other Site users or any other person; (iii) harasses or advocates harassment of another person; or (iv) may cause emotional distress, or mental or physical injury, disability or illness or death;
· you will not post content that is pornographic or sexually explicit in nature or contains depictions of violent or sexual acts or that involves harm or exploitation of children;
· you will not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights (includingprior written consent to the grant of the rights in section6(3) above). You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
· you will not post any content that falsely states or implies that such content is sponsored or endorsed by CozyCot;
· you will not provide any content that is unlawful or facilitates the violation of any applicable law or that promotes or encourages illegal activity;
· you will not use the Site to post or disseminate any advertisements or any other information, software or other material for commercial purposes;
· you will not use the Site to solicit anyone to buy or sell products or services, to make donations of any kind, or link to third party websites undertaking either of such activities without our express written approval;
· you will not use the Site to make offers or disseminate any fraudulent goods, services, schemes, or promotions, including any make-money-fast schemes, chain letters, or pyramid (ponzi) schemes; or
· you will not submit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
CozyCot reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates these rules, including without limitation, removing the offending Posted Content or other Content from the Service and terminating the membership of violators or blocking your use of the Service and/or the Site. You understand and agree that we have no obligation to monitor any forums or other areas of the Site through which users can supply product reviews, information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Agreement.
7. General Restrictions on Rights to Use the Site and Service
You agree that you shall not (and you agree not to allow any third party to):
modify, adapt, translate, or reverse engineer any portion of the Site and/or Service;
- frame or inline link any of the Content of the Site, or incorporate into another website or other service any of our Content or intellectual property, without our prior written permission; however, you may establish a hypertext link to your web site so long as the link does not state or imply any sponsorship of your site by CozyCot or the Site.
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or Service or in or on any Content or other material obtained via the Site and/or Service;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or Service;
- access, retrieve or index any portion of the Site and/or Service for purposes of constructing or populating a searchable database of products;
- access or tamper with our computer systems or the systems of our providers;
- collect or otherwise use any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other users or members;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit unwanted electronic communications such as "spam" to other users or members of the Site and/or Service or otherwise interfere with other users' or members' enjoyment of the Site and/or Service;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- attempt to violate the security of our network or systems or breach any of our security measures or other technological measures whether implemented by us or our providers or any other third party;
- use of the Site or Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including any that are deemed threatening or obscene;
- copy or store any Content offered on the Site; for any purpose not expressly permitted herein;
- use any device, software or routine that interferes with the proper working of the Site and/or Service, or otherwise attempt to interfere with the proper working of the Site and/or Service;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our information technology infrastructure;
- "stalk" or otherwise harass another person or user;
- deface, modify, edit, distribute or reproduce any Content on the Site
- you will not gather for marketing purposes any e-mail addresses, user names, passwords or other personal information that has been posted by other users of the Site.
- use the Site and/ or Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
- collect or store personal data about other users in connection with undertaking any activities prohibited under this Section 7.
8. Intellectual Property Rights
CozyCot's Limited License to You
This Site and all the materials available on the Site are the property of CozyCot and/or its affiliates and licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. We may terminate this licence at any time and for any reason. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in this Agreement or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, perform, display or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. You may, however, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Information about requesting permission to reproduce or distribute materials from the Site may be obtained by contacting firstname.lastname@example.org.
9. Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by SINGAPORE Mail to:
CozyCot Pte Ltd,
Attn: Copyright Agent
or by e-mail to: email@example.com
Please include the following information in your written notice:
- (1) a detailed description of the copyrighted work that is allegedly infringed upon;
- (2) a description of the location of the allegedly infringing material on the Site;
- (3) your contact information, including your name, address,and, if you are not resident in Singapore, your address for service in Singapore, telephone number, and, if available, e-mail address and the name and address of the copyright owner or exclusive licensee (if this is any person other than yourself);
- (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
- (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and
- (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Upon receipt of the abovementioned specified information, we will use reasonable endeavours to also notify the user concerned of the alleged infringement and provide the user with a copy of your notification. We will take such appropriate measures as we think fit including but not limited to contacting you for more information to verify any alleged infringement, removing such allegedly infringing Posted Content and/or Content and/or suspending or terminating the access to the Site by any user allegedly infringing any rights.
If you believe that your Posted Content or any part thereof that was removed (or to which access was disabled) is not infringing, or that you have the requisite authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to submit, upload, post, transmit or otherwise use or make available the content in your Posted Content, you may submit a counter-notification providing us with the following information in writing:
- 1) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- (2) identification of the owner, or the person authorised to act on behalf of the owner, of the content concerned;
- (3) your name, address, telephone and facsimile number, and e-mail address;
- (4) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- (5) a statement that you submit to the jurisdiction of the courts of the Republic of Singapore, and that you will accept service of process from the party who provided notification of the alleged infringement.
If we receive a counter-notification, we will use reasonable endeavours to provide the original complaining party a copy of the counter-notification and to send a notice informing that party that the removed content may be replaced, or access to it restored, unless the copyright owner files an action seeking a court order against the content provider, member or user within 10 working days after the date of such notice.
THE INFORMATION, PRODUCTS AND SERVICES DISPLAYED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES TO WHICH WE LINK ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS, STATUTORY OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING FORUMS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, SERVICE OR MATERIALS DISPLAYED ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
We bear no responsible and assume no liability in respect of any Posted Content. Each user shall bear full responsibility and liability for their own Posted Content and the consequences of submitting and publishing of the same. We do not carry out any selection of the Posted Content and the transmission, routing, provision of connections and storage is carried out through an automated technical process.
Links to Third Parties
Throughout the Site, we have provided links and pointers to web sites and maintained by third parties. Our linking to such third-party sites does not imply an endorsement, guarantee, approval or sponsorship of such sites, or the information, products or services offered on or through such sites. Nor do we warrant that these sites will not contain viruses or otherwise impact your computer. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on web sites linked to by us on the Site. Users should direct any concerns regarding any externally linked web site to its site administrator or webmaster.
This Site may include a variety of features, such as forums, web logs and e-mail services, which allow feedback to us and real-time interaction between Site users. Responsibility for Posted Content on forums, product pages, and other public posting areas on the Site, or sent via any e-mail services to other Site users, lies with each user. You alone are responsible for your Posted Content, or for the Posted Content you allow a third party to post or send on your behalf. We do not control the messages, information or files that you or others may provide through the Site and are under no obligation to modify or remove any inappropriate Content and are not responsible for the user submitting such Content or the interactions between users or for any user's action or inaction.
We reserve the right, but are not obligated, to remove Posted Content from the Site, our servers and erase all copies that we have for any reason. We also reserve the right, but are not obligated, tomonitor disputes between you and other users.
Certain sections of the Site may facilitate your purchase of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. We are not responsible or liable with respect to the privacy and data collection practices of any merchant that obtains information from you in the course of your visit to that merchant's online store or any purchase transaction you may undertake on that merchant web site. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You agree to release CozyCot and its affiliates from any damages that you incur, and agree not to assert any claims against us arising from your purchase or use of any products or services occurring as result of a referral or link on the Site or the Service to a merchant.
Giveaways and Promotions
From time to time, CozyCot offers giveaways, contests, sample giveaways and other promotional activities (a "Promotion"). Your registration and/or enrollment for, and subsequent participation in, any Promotion shall be subject to rules and regulations associated with such Promotion which will be posted on the Site. You may be automatically enrolled and/or registered for certain of these Promotions by participating in the interactive features of our Site, such as by submitting product reviews or submitting other content postings, or by other actions, such as by registering for Site emails or referring new users to the Site. Unless otherwise specified by the rules and regulations of a particular Promotion, the Promotions require that participants meet the minimum age requirement and are fully able and competent to enter into and be bound by the terms and conditions at the time of entry and that the participants are legal residents of Singapore. In the event that you do not wish to participate in any particular Promotion (or any Promotion at all), please contact us and indicate your desire to "opt-out" of a particular Promotion by identifying the objectionable Promotion by name (or indicate your desire to opt out of all Promotions undertaken on the Site) in a written notice sent by SINGAPORE Mail to:
CozyCot Pte Ltd,
Attn: Giveaways and Promotions Opt-out
Free Product Offers and Samples
THE FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTED THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL SAMPLE PRODUCT WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, ARE DISCLAIMED BY COZYCOT, INCLUDING BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
By receiving any products through such sample and freebie offers, you agree to release and hold harmless CozyCot and its subsidiaries and affiliates, and each of their respective parent companies and each such company's officers, directors, shareholders, employees and agents from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in any product samples and freebie offers or receipt or use or misuse of any such product.
From time to time, CozyCot may hold awards to acknowledge the best in beauty and fashionand/or in relation to any other topic of interest to its users. For the avoidance of doubt, CozyCot reserves the right at its sole discretion at any time to review any nominations and/or results, any rules and regulations, and terms and conditions, of such awards and to cancel, remove, change and/or alter any of the aforesaid with or without cause, with or without prior notice and without any liability whatsoever.You agree to release CozyCot and its affiliates from any damages that you may incur, and agree not to assert any claims against us arising from your participation in any of these awards, either as a voting member of the public or as a nominee for the awards (unless you have notified us in writing that you do not wish to participate in the awards).
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT YOUR BEAR ALL RISKS ARISING OUT OF YOUR ACCESS TO AND USE OR INABILITY TO USE THE SERVICES AND THE SITE INCLUDING WITHOUT LIMITATIONITS MATERIALS, PRODUCTSAND SERVICES AND THIRD PARTY CONTENT AND POSTED CONTENT AND THIRD-PARTY MATERIALS, PRODUCTS AND SERVICESMADE AVAILABLE THROUGH THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COZYCOT, OUR SUBSIDIARY AND PARENT COMPANIES, AFFILIATES OR EACH SUCH COMPANY'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS AND ANY OTHER PERSONS INVOLVED IN CREATED, PRODUCING OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION LOSS OF OPPORTUNITY, RELIANCE LOSS, AND/OR LOSS OF INFORMATION AND DATA, LOSS OF GOODWILL, SYSTEM FAILURE OR COMPUTER DAMAGE THAT RESULT FROM THE SERVICE AND/OR USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, THIRD PARTY CONTENT OR POSTED CONTENT OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH COUNTRIES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH COUNTRIES' LAWS.)
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY ACT OR OMMISSION OR DEFAULT OR MISCONDUCT (INCLUDING WITHOUT LIMITATION ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT) OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, ANY MATERIALS, PRODUCTS OR SERVICES ON THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICE.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless us, our affiliates and related entities, and the officers, directors, employees and agents of each such foregoing entity, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from:
- (a) your use of and access to our Site and Service;
- (b) your purchase and redemption of the CozySpree Vouchers;
- (c) your violation of any term of the Agreement;
- (d) your violation of any third party right, including without limitation any intellectual property, property, or privacy right; or
- (e) any of your Posted Content, including without limitation any claim that any of your Posted Content caused harm, damage or offence to a third party.
This Clause shall survive this Agreement and your use of our Site.
(b) If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that the dispute will be governed by the laws of Singapore without regard to its conflict of law provisions.
(c) No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind CozyCot in any respect whatsoever.
(d) CozyCot may provide you with notices by email, regular mail or postings on the Service.
(e) The failure of CozyCot to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
(f) The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
(g) This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
(h) This Agreement is not assignable, transferable or sub-licensable by you except with CozyCot's prior written consent. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
(i) No third party shall have any right pursuant to the Contract (Rights of Third Parties) Act (Cap. 53B) of the Republic of Singapore to enforce any of the above terms and conditions.
15. Contact and Violations
Please contact us with any questions regarding this Agreement. Please report any violations of this Agreement to firstname.lastname@example.org.