Terms of Service

1. Terms and Conditions

The Terms and Conditions are the terms on which the Website offers you access to the Services and the Website. If you do not accept these Terms and Conditions, you must refrain from using the Services and Website.

2. Amendments of Terms and Conditions:

The Website may amend these Terms and Conditions from time to time. Each User is responsible for ensuring they are familiar with the latest Terms and Conditions. Each User’s continued use of the Services represents their agreement to be bound by the Terms and Conditions.

3. Defined Terms

In these Terms and Conditions:

“Company” means Delegate Pte Ltd (Company registration number [201511320E])

“Customers” means a User who purchases, or engages in discussions with a Supplier with the intention to purchase, Services.

“Delegate Messaging System” means the messaging system from time to time made available for communications between the Website, a Customer and / or a Supplier on the Website.

'Item', means goods or property that may be bought or sold through the Website.

“Services” means, as applicable, the sale of Items or services by a Supplier to a Customer, or the advertising of Items or services by a Supplier on the Website.

“Supplier Agreement” means an agreement entered into between the Company and a Supplier setting out the terms on which a Supplier advertises Services on the Website.

“Supplier” means an individual or company which has entered into a Supplier Agreement.

“Terms and Conditions” means these Terms and Conditions.

“Transaction” means any purchase of Items or Services by a Customer from a Supplier which is facilitated by use of the Website.

“User” shall mean an individual and / or organizing accessing the Website for any means and in whatever capacity whatsoever.

“Website” means www.delegate.sg and any reference to the Website (including any rights or obligations attaching to the Website as a result of these Terms and Conditions or any other relationship of a legal nature which is created by virtue of a Users use of the Website) shall include a reference to the Company.

4. Warnings

The Website provides a platform to introduce Customers and Suppliers who want to buy and / or sell Items or Services, or to advertise their products and services. The Website does not take any part in the Services other than by facilitating communication between Customers and Suppliers and, in the case of a completed Transaction, taking a commission (in certain circumstances the Website may also receive a membership fee of equivalent fee from certain Users). If an offer to provide Services is acceptable to a Customer, a contract of sale will be formed between the Supplier and the Customer directly. The Website does not act as agent for either party and does not participate in any sale or Transaction, including where a Customer uses the Website to make payments to the Supplier.

5. Risk

Transactions and all other contact between Users are conducted entirely at each Users own risk. Each User agrees that the Website takes no responsibility or liability for any misconduct of any User including, without limitation, Users that have registered under false pretenses or who attempt to defraud other Users. The Website gives no undertakings, representations, or warranties in relation to Services, including:

a. about ownership of any Item;

b. as to the content, safety, description, worthiness, quality, or legality of the Services that are listed on the Website;

c. as to the accuracy or truth of Services;

d. that the Services will meet a Customer’s requirements or expectations; or

e. about the ability of other Users to complete a Transaction, including credit card transactions.

6. Disclaimer

Each User expressly understands and agrees that:

a. use of the Website and the Services is at each Users sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, the Website disclaims and excludes all implied conditions or warranties;

b. the Website disclaims and excludes liability for any guarantees that a Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price;

c. the Website does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information provided on the Website is secure or error-free or reliable;

d. no advice or information that is obtained by a User from the Website or anyone else shall create any warranty by the Website that is not expressly stated in the Terms and Conditions; and

e. responsibility for the content of advertisements appearing on the Website rests solely with the Supplier. The placement of such advertisements on the Website does not constitute the Websites recommendation or endorsement of the advertised product or service. Each Supplier is solely responsible for any representation made in connection with its advertisement.

f. while the Website may facilitate payment for some Items or Services by credit card, the Website is in no way involved in the Transaction itself, and responsibility for any refund rests with the Supplier.

g. while the Website has systems in place to reduce the risk of credit card fraud, the Website is not responsible for protecting Users from credit card fraud.

7. Liability:

Each User agrees that, to the maximum extent permitted by law, any and all liability and responsibility of the Website to a User or any other person under or in connection with these Terms and Conditions, or in connection with the Services, this Website, another User's acts or omissions, or a Users use of or inability to use, the Services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. The Website's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

8. Indemnity:

Each User agrees to release, indemnify and keep indemnified the Website from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with the User’s failure to comply with these Terms and Conditions, the User’s failure to complete a Transaction, the User’s use of the Website or arising out of any of the Services.

9. Breach:

Without limiting any other rights and remedies available to the Website, the Website may limit a User’s activities on the Website in its absolute discretion.

10. Creating an Account

Each User warrants that it has provided complete, accurate and current personal information when creating an account on the Website. Each User must maintain and update its personal information held by the Website to ensure it is kept current at all times. The Website may phone or mail a User to verify these details.

11. Deletion of Account

The Website reserves the right to decline to register or to terminate an account without entering into further discussions with the User.

12. Login information:

Each User is responsible for keeping their login information secret and secure.

13. Communications:

The Website may send Users emails relating to their account, Transactions and other activities on the Website, and for promoting and marketing the Website and Services. Communications will contain clear instructions for how a User can unsubscribe from the mailing list.

14. General

a. All communications made through the Website shall be made in good faith.

b. Users must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.

15. Communications between Users

a. Users must not attempt to communicate with other Users through any means other than the Delegate Messaging System. This includes, but is not limited to, provide their email address, phone number or any other contact detail by any means.

b. Users must not complete a Transaction outside of the Website process or otherwise seek to avoid Websites commission and other fees. Attempts by any User to avoid such fees may result in the Website suspending or terminating User accounts and seeking compensation through all available legal means.

c. Suppliers must not use the Website to promote Items for sale outside the Services.

16. Obligations of Suppliers

a. Suppliers must comply with all obligations set out in the relevant Supplier Agreement. The Terms and Conditions are in addition to (and not a replacement of) the terms contained in the relevant Supplier Agreement. In the event of a conflict between these Terms and Conditions and the relevant Supplier Agreement, the terms of the Supplier Agreement shall prevail.

b. Suppliers must only advertise Services that are accurate, current, complete, and include all relevant information about the Services.

c. All Services must comply with Singapore law.

d. Advertisements on the Website must not contain any information capable of being used to contact the Supplier independently of the Delegate Messaging System.

e. The Website reserves the right to remove advertisements that it deems unsuitable or in breach of the Terms and Conditions.

17. Obligations of Customers

a. Customers must not attempt to contact a Supplier by any means other than by the Delegate Messaging System.

b. Customers must make full and prompt payment for Services purchased on the Website.

18. FEES

a. The Website may be used by Customers free of charge.

b. Fees will be chargeable to Suppliers in accordance with the relevant Supplier Agreement.

19. Resolution of disputes:

As the Website is not a party to any Transaction between Users, Users agree not to involve, or attempt to involve, the Website in any dispute or in the resolution of disputes that arise with another User.

20. No Liability:

The Website has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of the Website to comply with these Terms and Conditions.

21. No Waiver:

In the event that the Website does not exercise or enforce any right available to it under these Terms and Conditions, it does not constitute a waiver of those rights.

22. Partial Invalidity:

If any provision of these Terms and Conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining Terms and Conditions, which shall continue in full force and effect.

23. Governing Law:

These Terms and Conditions are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms and Conditions, shall, at the election of the Website (acting in its sole discretion) be either:

a. resolved by discussions and consultations between the parties in good faith; or

b. referred to and finally resolved by arbitration in accordance with the then in force Arbitration Rules of the Singapore International Arbitration Centre; or

c. submitted to the exclusive jurisdiction of the courts in Singapore; or

d. any combination of (a)-(c) above.

24. Intellectual Property Rights:

The Website owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Website. Users may not without the Website’s prior written permission, in any form or by any means:

a. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or

b. Commercialize, copy, or on-sell any information, or Items obtained from any part of this Website.

25. Entire agreement:

Other than in respect of a Supply Agreement, the terms of which shall remain in full force and effect, these Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these Terms and Conditions.

26. Privacy:

The Website collects, uses and discloses personal information about Users, as outlined in detail within our privacy policy.