These Terms apply to all users of the Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.
These Terms are between you and 2nd Hand Mall Pte. Ltd or between you and any different service provider identified for a particular Service. For ease of reference, each of 2nd Hand Mall Pte. Ltd. and its subsidiaries are referred to in these Terms as “2nd Hand Mall”.
By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.
2nd Hand Mall reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
Subject to your compliance with these Terms, 2nd Hand Mall grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
You shall use the Services in accordance with these Terms and shall not:
Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
Use the Services in violation of or to circumvent any sanctions or embargo.
Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of 2nd Hand Mall or its affiliates, partners, suppliers or licensors.
Use the Services for any purpose for which it is not designed or intended.
Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by 2nd Hand Mall.
Use any proprietary information or interfaces of 2nd Hand Mall or any other intellectual property of 2nd Hand Mall in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
Collect any information in respect of other users without their consent.
Commit any act to avoid paying any applicable fees and/or charges.
Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
Authorise or encourage anyone to do any of the foregoing.
2nd Hand Mall reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.
You would need to have an account with 2nd Hand Mall (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:
If you are an individual, you are at least 18 years of age.
If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
You are capable of entering into and performing legally binding contracts under applicable law.
All information which you provide is accurate, up to date, truthful and complete.
If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:
Keep your password secure.
Keep your account information up to date at all times.
Comply with 2nd Hand Mall’s prevailing policies and guidelines (which form a part of these Terms) and all applicable laws with respect to your activities and the Content which you upload to the Services.
Unless expressly permitted by 2nd Hand Mall and subject to these Terms and any other additional terms as 2nd Hand Mall determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission.
You may use boosts (each, a “Boosts”) for increased visibility for your listings in accordance with 2nd Hand Mall’s prevailing listing and priority rules and charges, which can be found at boost and form a part of these Terms.
You acknowledge and agree that:
your Boosted listings may rise and fall in priority in relation to other users’ listings in accordance with 2nd Hand Mall’s prevailing listing rules, formulae and algorithms. Each Boost is an instant effect;
2nd Hand Mall does not represent or warrant that any Boost will lead to a like, offer, chat and by extension, sale;
The Services provide a venue for users to interact with each other, and to buy and sell items. 2nd Hand Mall does not pre-screen a user or the Content provided by a user, nor is 2nd Hand Mall directly involved in transactions between users. Consequently, 2nd Hand Mall has no control over, and you agree that 2nd Hand Mall is not responsible or liable for, any of the following:
The quality, safety, morality or legality of any aspect of the items listed.
The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
The true identity, age, nationality, or sense of humour of a user.
Any Content posted by users.
You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While 2nd Hand Mall endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.
The Services allow users to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”).
You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.
You acknowledge that 2nd Hand Mall does not pre-screen Content uploaded by users. 2nd Hand Mall shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, 2nd Hand Mall shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:
If the Content is in breach of these Terms.
If 2nd Hand Mall has received a complaint or notice of infringement in respect of the Content.
If the Content is otherwise objectionable.
2nd Hand Mall may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.
In using the Services to create a listing and offer an item for sale, you agree to comply with the following:
All items must comply with these Terms and 2nd Hand Mall's policies.
You must provide a fair, accurate and complete description of each item, including your price for the item.
Each item must have its own listing.
Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.
All items must be listed in the appropriate category.
Any links included in your listing leads to your personal or corporate website and must not include any links to third party websites.
You acknowledge and agree that 2nd Hand Mall has no control over any website other than the 2nd Hand Mall website.
Without prejudice to the rest of these Terms and 2nd Hand Mall’s policies, you warrant, in respect of each item which you offer for sale on the Services (as the case may be), that:
You are the owner of the item, and the item is not stolen.
The item is not counterfeit and does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
The sale of the item complies with all laws and regulations which apply to that item.
The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.
All offers made and accepted through the Services are binding.
If you are a seller who has accepted a buyer’s offer for an item:
You agree to ship the item or otherwise complete the transaction with the buyer in a prompt manner unless there is an exceptional circumstance, for instance, if the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer's identity.
You may not charge shipping and handling fees to cover the costs for packaging and mailing the item.
You may not alter the item's price after a sale, or misrepresent the item's location and price.
If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you cannot authenticate the seller’s identity.
In communicating with a user through the Services for the offering of or acceptance of a sale of an item (each, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.
Notwithstanding the foregoing, as 2nd Hand Mall is not involved in Transactions which are considered solely between users, 2nd Hand Mall cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.
If you are a user in Malaysia, the following will apply to you:
Any person who operates a business for the purpose of supply of goods or services via our Platforms is required, under the Consumer Protection (Electronic Trade Transactions) Regulations 2012 of Malaysia, to disclose, to the best of their knowledge and belief, the following information:
The name of the person who operates a business for the purpose of supply of goods or services through our Platforms, or the name of the business, or the name of the company.
The registration number of the business or company, if applicable.
The e-mail address and telephone number, or address of the person who operates a business for the purpose of supply of goods or services through 2nd Hand Mall.
A description of the main characteristics of the goods or services.
The full price of the goods or services including transportation costs, taxes and any other costs.
The method of payment.
The terms and conditions.
The estimated time of delivery of the goods or services to the buyer.
Please kindly note that failure to provide such information or providing false or misleading information may result in the commission of an offence for which 2nd Hand Mall shall not be liable.
In using the Services to create a listing and offer an item for sale, a seller will use 2nd Hand Mall’s in-app payment feature, 2nd Hand Mall Protection (“2nd Hand Mall Protection”). 2nd Hand Mall Protection allows you to use the following payment service (“Payment Service”) and shipping services (“Shipping Service”) (collectively “Payment and Shipping Services”) for purchase or sale of items on the Platform.
Ensuring users of the Services are protected while transacting on the Platform our top priority. For this reason, additional protection is available to sellers and buyers who transact through 2nd Hand Mall Protection.
By using 2nd Hand Mall Protection, you agree to comply with the following:
To transact on the Platform and ensure that all communications in relation to any Transaction and issues raised are kept within the Platform. Transactions performed outside of the Platform are not covered, and listings or users soliciting for transactions to happen outside of the Platform are subject to removal without notice.
Do not use 2nd Hand Mall Protection in connection with any Prohibited Items. 2nd Hand Mall Protection does not cover Prohibited Items and does not support refunds or returns for Prohibited Items.
To raise an issue within 48 hours of (the earlier of):
To transact through tracked delivery. Users are strongly encouraged to always opt for tracked delivery. If you and the user are unable to agree or resolve any disputes in respect of untracked mail and attempts to seek coverage and/or protection under 2nd Hand Mall Protection, you agree that 2nd Hand Mall will attempt in good faith to facilitate resolution of the dispute and reserves the right to deal with such disputes in such manner as it deems fit in its absolute discretion but is under no obligation to provide any recourse to the same.
To comply with the procedures and rules set out in the guidelines and FAQ.
2nd Hand Mall Protection allows a buyer to make payment for purchase of an item listed on the Platform using a credit or debit card the buyer registers with 2nd Hand Mall.
2nd Hand Mall Protection allows a seller to: (i) specify available delivery option(s); and (ii) specify delivery fees for each available delivery option and/or select the applicable delivery fees from the list available on the Platform, through 2nd Hand Mall Protection, for an item listed on the Platform. When a buyer places an order for the item, the buyer shall choose an available delivery option specified by the seller and shall be responsible for paying the stipulated delivery fees for such delivery option. The seller is responsible for ensuring all the information (including delivery fees) specified by the seller using the Shipping Service is correct. The seller shall charge only the delivery fees applicable to the delivery method chosen by the buyer in accordance with this section, as stipulated at the time when the buyer places an order.
Sellers are solely responsible for delivering sold items to buyers via the delivery option chosen by the buyer. You acknowledge and agree that 2nd Hand Mall has no control over any delivery of the items sold through the Platform, including but not limited to the delivery fees and method specified by sellers.
Buyers are encouraged to choose a tracked and/or registered delivery option as they bear the risk of any lost deliveries in the event of an untracked delivery. In the event of any tracked delivery that does not arrive, a seller may be required to provide valid proof of delivery that allows 2nd Hand Mall to verify that the item was dispatched to the address provided by the buyer for the specific order. In any event, 2nd Hand Mall is not responsible for any delays, delivery failures, damages, or losses resulting from the Shipping Services.
You acknowledge and agree that you may be charged card fees, success fees and/or any other applicable transaction fees (collectively, the “Transaction Fees”) by 2nd Hand Mall, as follows:
Buyer (Payment Fee): If you are a buyer of a transaction using 2nd Hand Mall Protection, once your order is accepted by the seller, the Transaction Fees applicable to such order (as stipulated during your order process) shall be charged from a credit or debit card you register with 2nd Hand Mall for 2nd Hand Mall Protection.
Seller (Success Fee): If you are a seller of a transaction using 2nd Hand Mall Protection, once you accept the order and commence delivery, the Transaction Fees (if any) applicable to such order (as stipulated during your order detail form) shall be deducted from the payment that is due to you from the buyer of the same transaction.
In order to provide the Payment Services, you acknowledge that 2nd Hand Mall may integrate the services provided by certain service providers, subcontractors, partners and/or agents (“Payment Service Providers”) into the Platform and that Payment Service Providers provide its payment processing services subject to their respect Additional Terms. In order to use the Payment Services, you agree to comply with such Additional Terms, as the same may be modified by the Payment Service Providers from time to time, and other applicable Additional Terms.
By providing the account information for a credit or debit card, you represent and warrant, that: (i) you are legally authorised to provide such information to us; (ii) you are legally authorised to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorize a payment using any such account(s) via the Platform, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).
By using a particular payment method, you are agreeing to the terms of service of the relevant processing partner and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the selected payment method.
You agree to authorise 2nd Hand Mall and/or its related corporations to process the Payment Services on your behalf including but not limited to making, accepting and/or refunding any payments, in accordance with this Clause 8.
Payment gateway fee is a handling fee on all successful transactions via debit card or credit card payments. It applies to all successful orders. Payment gateway fee is 3.4% + $0.50 of the total payment of an order. It will be rounded up to 2 decimal places. Example:
Selling Value: $100
Payment Gateway Fee 3.4%+$0.50: $100 x (3.4%+$0.50) = $3.90
Order Income = $96.10
If you use any of the Payment and Shipping Services, you acknowledge that such services shall be subject to or governed by additional terms and conditions of third party service providers, partners, subcontractors and/or agents (“Additional Terms”). You agree to comply with such Additional Terms including the terms and conditions set out in the Stripe Connected Account Agreement (available at: https://stripe.com/sg/connect-account/legal), which may be modified or updated from time to time, and any other terms and conditions that may be referred to or incorporated within such Additional Terms.
Without prejudice to the generality of Clause 8, you acknowledge and agree that you shall not use the Payment Services in connection with any content, business or activities set out in the following policies: https://stripe.com/sg/prohibited-businesses. 2nd Hand Mall reserves the right to take all steps to ensure that you do not use the Payment Services in connection with such businesses or activities. Any transactions involving any such content, businesses or activities shall be void, and you agree that 2nd Hand Mall and/or its related corporations may, at its sole discretion, refund the relevant payment to the relevant party for such transactions minus any transaction, service and/or administration fees that may be charged by 2nd Hand Mall and/or its service providers, subject to any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction.
You further agree that you are responsible for all purchases and/or sales using 2nd Hand Mall Protection under your Account, including transactions which you did not authorise.
2nd Hand Mall Protection is made up of First day of purchase + 2 Days (2 Days to ship the item by the Seller) + 5 days (5 days of estimated delivery time) = 7 days.
If the buyer needs to extend the protection, that will be an additional 2 more days on top of the protection period. (9 days).
If the buyer never confirms receiving the item, the order will be automatically completed after the 2nd Hand Mall Protection. The seller will receive the payment 1 day after order is completed.
2nd Hand Mall liability for any loss of delivery items shall be limited to the value of the delivery item or S$100 per consignment, whichever is lower.
If you and/or an user of our Services files a dispute through the Platform in connection with any Transactions made through 2nd Hand Mall Protection (each, a “Disputed 2nd Hand Mall Protection Transaction”) between you and the user, you agree to comply with the procedures set out in the guidelines and FAQ (“2nd Hand Mall Resolution Procedures”).
If you and the user are unable to agree or resolve such dispute in accordance with the relevant procedures set out in the 2nd Hand Mall Resolution Procedures, you agree that such dispute shall be finally resolved by 2nd Hand Mall, which shall be binding and final, subject to any applicable laws and regulations. You agree to comply with 2nd Hand Mall’s decisions and instructions in connection with such disputes. You further agree to release 2nd Hand Mall and/or its related corporations from any demands, claims, actions, proceedings, suits, liabilities, damages, costs and expenses in connection with or arising out of any of your disputes with users of our Services in connection with the Disputed 2nd Hand Mall Protection Transaction. You acknowledge and agree that 2nd Hand Mall and/or its related corporations may, at its sole discretion: (i) freeze and hold the money paid in connection with the Disputed 2nd Hand Mall Protection Transaction (“Disputed Money”) unless the dispute is resolved; (ii) return or provide any portion of the Disputed Money to the buyer and/or seller; (iii) require the buyer to return the item bought through the Disputed 2nd Hand Mall Protection Transaction (“Disputed Item”) to the seller; (iv) require the seller to refund the Disputed Money to 2nd Hand Mall (or its related corporations) or the buyer; and/or (v) require the seller to exchange the Disputed Item with a replacement for the buyer. You agree to comply with all 2nd Hand Mall’s instructions in accordance with this Clause.
In the event of a Disputed 2nd Hand Mall Protection Transaction which involves an investigation by the police or other government or regulatory authority, subject to (i) any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction, and/or (ii) any claims made by any third party relating to the Disputed Money, 2nd Hand Mall may, at its sole discretion: (a) freeze and hold the relevant Disputed Money for a minimum of one year (unless the dispute is resolved); and (b) thereafter, return or provide any portion of the Disputed Money to the buyer and/or seller at 2nd Hand Mall's reasonable discretion.
In a meetup, it is the Seller’s responsibility to ensure that the Buyer has tapped on confirmation of receiving the item in the mobile app. Hence the payment will be released to the Seller.
Without prejudice to Clause 8, if you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to 2nd Hand Mall, 2nd Hand Mall will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release 2nd Hand Mall from any claims, demands and damage arising out of your disputes with users of our Services.
You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of 2nd Hand Mall. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of 2nd Hand Mall. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by 2nd Hand Mall.
The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
You are not authorised by 2nd Hand Mall to use 2nd Hand Mall’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of 2nd Hand Mall, which may be withheld for any or no reason.
2nd Hand Mall respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please follow the steps provided to report the same to us.
2nd Hand Mall reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.
You may deactivate your Account at any time through the “Settings” section of your Account.
2nd Hand Mall reserves the right to, at its sole discretion, and without liability:
Suspend or terminate your Account and/or your access to the Services at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies.
Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.
Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
2nd Hand Mall does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and 2nd Hand Mall’s servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). 2nd Hand Mall is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from 2nd Hand Mall or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that 2nd Hand Mall has no obligation to support or maintain the Services.
2nd Hand Mall disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. 2nd Hand Mall is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.
In addition, the Services may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. 2nd Hand Mall does not accept any responsibility in connection with your participation in activities conducted by any other party.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
IN NO EVENT SHALL 2ND HAND MALL OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT 2ND HAND MALL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 2ND HAND MALL’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY 2ND HAND MALL IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS OR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF SINGAPORE DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will indemnify and hold harmless 2nd Hand Mall, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
2nd Hand Mall does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that 2nd Hand Mall and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
2nd Hand Mall reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as 2nd Hand Mall deems appropriate.
You and 2nd Hand Mall are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.
Except as provided herein, any failure by 2nd Hand Mall to exercise a right or require performance of an obligation in these Terms shall not affect 2nd Hand Mall’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
These Terms constitute the entire agreement between you and 2nd Hand Mall and supersedes all prior or contemporaneous understandings and/or agreements between you and 2nd Hand Mall.
You hereby agree that the laws of Singapore shall govern these Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.