Terms & Conditions
1.1. You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. We are Didi Pte. Ltd. and we are the owner of this website. We are a company registered in Singapore with our registered office at 33 Ubi Avenue 3 #08-71 Vertex Tower A Singapore 408868 (and we refer to ourselves as "didicard", "we" or "us" or "our" in this document). Our Company Number is 201614029M.
1.2. Please read this agreement carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
1.3. These Terms and Conditions were most recently updated on 01 April 2017 (version 1). We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. You may terminate this Agreement by written notice to us (by post or by email at email@example.com) if you do not wish to be bound by such new terms and conditions. However, continued use of the Service or the Website or a Voucher will be deemed to constitute acceptance of the new terms and conditions.
1.4. Your statutory rights: As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
2.1. In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
2.2. "Merchant" means a third party seller of goods and services for which a Voucher can be redeemed.
2.3. "Buy" means the purchase of a Voucher.
2.4. “Get” means the get of a Reward Points Voucher.
2.5. “Free” means the receive a Gifts, Discount or Duel Voucher.
2.6. “Card” means a digital Membership Card.
2.7. “Voucher" means a voucher which is subject to terms and conditions, which, if purchased by you, allows you (i.e. the purchaser of it but not anyone else) to redeem it at a particular Merchant in exchange for Voucher Products offered by that Merchant.
2.8. "Register" means "create an account on the Website" (and "Registration" means the action of creating an account).
2.9. “Event” means all Promotion, Free gift or Reward Points activities.
2.10. “Website” means our didicard Website or Mobile Application.
3. General issues about this website and the service
3.1. Applicability of terms and conditions: Use of the Service and the Website and any Purchase are each subject to the terms and conditions set out in this Agreement.
3.2. Age: To use the Website and/or the Service (whether with or without registration) and to make any Purchase, you must be 18 years of age or over.
3.3. Place: The Website and the Service and any Purchase are directed solely at those who access the Website from Singapore. We make no representation that the Service (or any goods or services) are available or otherwise suitable for use outside of Singapore. If you choose to access the Website (or use the Service or make a Purchase) from locations outside Singapore, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
3.4. Scope: The Website, Service and any Purchase are for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
3.5. Prevention on use: We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Purchase.
3.6. Equipment: The Service and use of the Website and the making of any Purchase does not include the provision of a computer or other necessary equipment to access the Website or the Service or making of any Purchase. To use the Website or Service or to make a Purchase, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
4. Registration and accounts
4.1. Why to register: You do not need to Register to use much of the functionality of the Website or to access much of the Service. However, You must Register in order to make a Purchase from the Website. This is so that we can provide you with easy access to print your orders, view your past purchases and modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time.
4.3. Passwords: Once you finish Registration, we will allocate a password to you and 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 any breach of security known to you. You agree that any person to whom its user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Service and Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
4.4. Valid email addresses: All accounts must be registered with a valid personal email address that you access regularly, so that, among other things, moderation 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 users to re-validate their accounts if we believe they have been using an invalid email address.
4.5. Closing accounts: We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if an non-SG user pretends to be a SG user, or disrupts the Website or the Service in any way.
4.6. Multiple logons: If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
5. Purchase of vouchers
5.1. Need for registration: Vouchers via the Website that can be redeemed for Buy, Get or Free from a Merchant. You must Register in order to make a Purchase from the Website.
5.2. Emails: 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 the Website and Service and Vouchers as well as other promotional offers. (You can always opt-out of our promotional e-mails at any time by clicking the unsubscribe’ link at the bottom of any of such e-mail correspondence.)
5.3. When a Voucher transaction is complete: When you go through the procedure for purchasing a Voucher, after you have confirmed your acceptance to these terms and conditions and after we have taken payment (by debit card or credit card or whatever) the transaction is complete (and a contract for Purchase is made) only when we email you confirming the transaction (which is our acceptance of the transaction). We keep a copy of the contract between us - and you are welcome to print out these terms and conditions from our website as a record.
5.4. This Agreement applies: By making a Purchase, you acknowledge that the Purchase is made subject to this Agreement.
5.5. All monetary transactions made by customers on didicard are handled by Didi Pte Ltd. For inquiries please contact: firstname.lastname@example.org
5.6. Redemption: Once you have made a Purchase, the Voucher is redeemable by You from a Merchant for Voucher Products provided by that Merchant. The particular Merchant and particular goods and services offered by that Merchant for which the Voucher can be redeemed 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.
5.7. RESPONSIBILITY: The Merchant, and not didicard, is:
5.7.1. the seller of the Voucher Products;
5.7.2. solely responsible for providing you with the Voucher Products and for the Voucher Products themselves; and
5.7.3. solely responsible for redeeming any Voucher you Purchase.
5.8. Restrictions: (i) 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. (ii) If the Voucher is redeemed for less than its face value, there is no entitlement to a credit, 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.
5.9. Combination: It is at the discretion of the Merchant to determine whether Vouchers can be combined with any other promotions, vouchers, third party certificates or coupons.
5.10. Lost/stolen vouchers: Neither we nor the Merchant are responsible for lost or stolen Vouchers or Voucher reference numbers.
5.11. Expiry: The Voucher (including, but not limited to, any discounts provided by the Voucher) expires on the date specified on the Voucher.
5.12. Status of vouchers: All Vouchers are promotional vouchers that are offered for Purchase below their face value and are subject to this Agreement and to any terms and conditions of the relevant Merchant.
5.13. Value Added Tax: Currently the sale of Vouchers by us is not subject to VAT. If SG VAT law changes we reserve the right to charge you VAT in addition to the price for the Vouchers.
6. User obligations
6.1. Merchant terms: 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.
6.2. Accurate information: 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.
6.3. Contents on the Website, Services and Voucher: It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.
6.4. Restrictions: Without limitation, you undertake not to use or permit anyone else to use the Services and/or Website:
6.4.1. to send or receive any material which is not civil or tasteful;
6.4.2. 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;
6.4.3. 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;
6.4.4. 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);
6.4.5. to cause annoyance, inconvenience or needless anxiety;
6.4.6. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
6.4.7. for a purpose other than which we have designed them or intended them to be used;
6.4.8. for any fraudulent purpose;
6.4.9. other than in conformance with accepted Internet practices and practices of any connected networks; or
6.4.10. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
6.5. Forbidden uses: The following use of the Services, the Website and/or the Voucher are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
6.5.1. resale of any Voucher;
6.5.2. furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
6.5.3. 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 (such as running a port scan);
6.5.4. accessing the Services and/or Website in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
6.5.5. executing any form of network monitoring which will intercept data not intended for you;
6.5.6. 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;
6.5.7. creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
6.5.8. sending malicious email, including flooding a user or site with very large or numerous emails;
6.5.9. 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);
6.5.10. using the Services or Website (or any relevant functionality of either of them) in breach of this Terms and Conditions;
6.5.11. unauthorised use, or forging, of mail header information;
6.5.12. engage in any unlawful activity in connection with the use of the Website and/or the Services or any Voucher; or
6.5.13. engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.
7. Rules about use of the service and the website
7.1. 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 the Website 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@example.com
7.2. We do not warrant that your use of the Services or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Website will be transmitted accurately, reliably, in a timely manner or at all.
7.3. We do not give any warranty that the Services or the Website is free from viruses or anything else which may have a harmful effect on any technology.
7.4. We will use reasonable efforts to allow uninterrupted access to the Services and the Website, however we shall not be held liable in the event access to the Services and the Website may be suspended, restricted or terminated at any time.
7.5. 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 the Website 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 Website or Service at any time.
7.6. We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of these Terms and Conditions.
8. Suspension and termination
8.1. you (or any other third party authorised by you) use the Website, the Services and/or the Voucher in contravention of these Terms and Conditions, we may suspend your use of the Services, the Website (in whole or in part) and/or the redemption of a Voucher.
8.2. Upon suspension of usage, we may refuse to restore the Services or Website 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.
8.3. 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.
8.4. Without limitation to anything else in this Clause 8, we shall be entitled to immediately or at any time (in whole or in part) to suspend your use of the Services and/or Website and/or suspend the use of the Services and/or Website for persons we believe to be connected (in whatever manner) to you if:
8.4.1. you commit any breach of this Terms and Conditions;
8.4.2. we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions; or
8.4.3. we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
8.5. Notwithstanding any other provisions hereinafter contained, we may terminate or suspend your use of the Website and/or Services at any time.
8.6. Our right of termination and/or suspension herein shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
9.1. 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 Website and/or Services or the placement or transmission of any message, information, software or other materials through the Website by you or related to any violation of these Terms and Conditions by you or authorised users of your account.
10. Standards and limitation of liability
10.1. We warrant and represent that:
10.1.1. we will exercise reasonable care and skill in performing any obligation under these Terms and Conditions, and
10.1.2. we have the right and authority to sell Voucher through the Website.
10.2. This Clause 10 prevails over all other provisions in these Terms and Conditions and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
10.2.1. the performance, non-performance, purported performance or delay in performance of this Terms and Conditions and/or any part of the Services; or
10.2.2. otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
10.3. Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty or these Terms and Conditions; (iii) any breach of the obligations implied by relevant local governing laws; or (iv) any other Liability which cannot be excluded or limited by applicable law.
10.4. We hereby exclude all Liability in respect of:
10.4.1. the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or Website or otherwise; and
10.4.2. the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
10.4.3. your use of any information or materials on the Website (which is entirely at your own risk and it is your responsibility);
10.4.4. Voucher Products for which Vouchers may be redeemed and in respect of the quality, safety, usability or any other aspect of the products or services in respect of which is Voucher may be redeemed).
10.5. Save as provided in Clause 10.3 but subject to Clause 10.6, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property other than that caused by our Breach of Duty.
10.6. Save as provided in Clause 10.3 but subject to Clauses 10.4.3 and 10.8, our Liability for loss of or damage to your (or another person’s) tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this Agreement, shall not exceed S$10. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause 10.6.
10.7. Save as provided in Clauses 10.3 and 10.4.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement.
10.8. Save as provided in Clause 10.3, we shall have no Liability for:
10.8.1. loss of revenue;
10.8.2. loss of actual or anticipated profits;
10.8.3. loss of contracts;
10.8.4. loss of the use of money;
10.8.5. loss of anticipated savings;
10.8.6. loss of business;
10.8.7. loss of opportunity;
10.8.8. loss of goodwill;
10.8.9. loss of reputation;
10.8.10. loss of, damage to or corruption of data; or
10.8.11. any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Clauses 10.8.1 to 10.8.10 apply whether such losses are direct, indirect, consequential or otherwise.
10.9. Save as provided in Clause 10.3, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) S$50; or b) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
10.10. The limitation of Liability under Clause 10.9 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
10.11. In this Clause 10:
10.11.1. “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and for the purposes of this definition, all references to “this Agreement” shall be deemed to include any collateral contract); and
10.11.2. “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
11. Data protection
12.1. We may place advertisements in different locations on the Website and at different points during your use of the Website 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).
12.2. You are free to select or click on advertised goods and services or not as you see fit.
12.3. Any advertisements may be delivered on our behalf by a third party advertising company.
13. Links to and from other websites
13.1. Where the Website contains links to third party sites and to resources provided by third parties (“Third Party Sites”), those Third Party Sites are merely linked to provide information only and are solely for your convenience. We have no control over and we assume no responsibility for the content of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Sites linked to the website, you hereby agree to do so entirely at your own risk.
13.2. This Website may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.