Terms and Conditions of Use
- DEFINITIONS AND INTERPRETATION
- THIRD PARTY PRODUCTS AND SERVICES
- LIABILITY AND WARRANTY
- COPYRIGHT AND INTELLECTUAL PROPERTY
- MARKETING CAMPAIGNS
- INDEPENDENT CONTRACTORS
- CHANGES AND CANCELLATIONS
- REFUNDS AND WAIVERS
- TERM AND TERMINATION
- GENERAL PROVISIONS
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, unless the context otherwise requires:
“App” means the Agentbong app available for download on Google Play and the App Store;
“Basic Package” means an ad hoc Session that a Customer has booked;
“Booking” means to the submission of a request to the Platform for a Service Provider;
“Cancellation Fee” means the charge incurred and payable to Agentbong when a Customer or Service Provider cancels or makes changes to a Session or Package;
“Code” means the discount or promotional code Agentbong offers that a Customer may input into the Platform to obtain certain determined benefit;
“Odd Hours Allowance” means the additional charge incurred by a Customer when the Session is between 8pm to 8am;
“Package” means the series of Sessions for a duration that a Customer is able to book or has booked through the Platform;
“Payment Gateway” means the payment service provider Agentbong uses for all transactions via its Platform;
“Platform” means the Website and App;
“Service Provider” means the person that has accepted the Package or Session booked by a Customer;
“Session” means the scheduled event a Customer has booked through the Platform;
“Travel Allowance” means the additional charge incurred by a Customer when their location is more than 10 minutes walking distance from an MRT station;
“Website” means the domain http://www.agentbong.com.sg/, its subdomains and webpages;
“You”, “your” means you as the user of the Platform.
1.2 In this Agreement, unless the context otherwise requires:
(a) where a word or expression is defined, other parts of speech and grammatical forms of that word or expression, and cognate expressions, have corresponding meanings;
(b) the use of the word “including” is not a word of limitation;
(c) a reference to the singular or plural can also refer to the other;
(d) headings are for visual purposes and shall not affect interpretation or construction;
(e) a reference to an Act of Parliament, in part or in whole, includes any amendment, consolidation, modification, re-enactment or reprint of the referred Act of Parliament, in part or in whole, or any Act of Parliament that replaces it;
(f) a reference to a document includes all amendments or supplements to, or replacements or novations of, that document;
(g) all monetary amounts are in Singapore dollars;
(h) all time references are in Singapore local time, GMT+8.
2.1 Agent Bong Pte Ltd (“Agentbong”) operates and manages the Platform through which a user (the “Customer”) can book a session for the service categories Agentbong offers. The confirmation of a Service Provider to the package or session constitutes a successful booking.
2.2 Agentbong is not an agent or broker, but merely serves the role as the operator of its Platform to facilitate the booking of Sessions of the Customer with a Service Provider.
2.4 Agentbong periodically reviews and reserves the right to make changes to the Agreements without any notice to the Customer. While Agentbong may at its discretion provide notice for any changes, the Customer should review these documents regularly as such changes are of immediate effect from the date of update to the Agreements. Your continued use of the Platform shall constitute your acceptance of such changes.
3. THIRD PARTY PRODUCTS AND SERVICES
Any third party applications, websites, products, and services (“Third Party Products and Services”) linked with the usage of Agentbong’s Platform have their own terms and conditions and privacy policies, and your use of these Third Party Products and Services are governed by such agreements. Agentbong is not responsible or accountable for anything that occurs with your usage of Third Party Products and Services.
4. LIABILITY AND WARRANTY
4.1 Agentbong shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in this T&C and under statute.
4.2 The Customer further agrees that to the extent permitted by law Agentbong shall not be liable to the Customer for a) any incidental, indirect, special or consequential damages, b) loss of opportunity, c) loss of revenue, d) loss of profit or anticipated profit, e) loss of business f) loss of contracts, g) loss of goodwill, h) loss arising out of business interruption, i) loss arising out of or in connection with pollution or contamination, all arising out of or in connection with the purchase, use or performance of products or services, even if Agentbong has been advised of their possibility.
4.3 To the extent permitted by law and the Agreements, Agentbong’s total liability herein in respect of each event or series of connected events shall not exceed the service price paid by Customer for the applicable service.
4.4 In the absence of specific instructions from the Customer to omit or perform certain actions in a certain way, the Service Provider shall perform the tasks assigned according to their own discretion, and the Customer cannot hold Agentbong nor the Service Provider liable for any loss or damage as a result of such absence of specific instructions.
4.5 Force Majeure: Neither party shall be liable for any delay in performing any of its obligations under this T&C if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
4.6 Any breach of the T&C by either the Customer and Service Provider will result in the party in breach remaining liable to the affected party who shall retain all remedies and rights available to them.
4.7 The information and materials contained in the Platform and all sites linked to the Platform, including text, graphics, links, or other items are provided “as is” and “as available”. Agentbong and its affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors does not warrant the accuracy, adequacy, reliability or completeness of this information and materials and expressly disclaims liability for errors or omissions in such information and materials.
4.8 No warranty of any kind, implied, express or statutory, including but not limited to the warranties of noninfringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials. This disclaimer shall take effect to the fullest extent permitted by law.
4.9 Any typographical, clerical or other error or omission in service literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Agentbong shall to the extent permitted by law be subject to correction without any liability on the part of Agentbong.
5. COPYRIGHT AND INTELLECTUAL PROPERTY
5.1 The copyright in this website is owned by Agentbong. No part or parts hereof may be reproduced, distributed, republished, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Agentbong or the copyright owner:
(a) provided that permission is granted to download and print the materials on this website for personal, non-commercial use only;
(b) provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without Agentbong’s permission, “mirror” any material contained on this website on any other server.
5.2 The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this website are registered and unregistered Trademarks of Agentbong and others. Nothing on this website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on this website, without the written permission of Agentbong or other Trademark owner.
5.3 Agentbong aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Agentbong or the Agentbong logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without prior written permission. Agentbong prohibits use of the Agentbong logo as a “hot” link to any Agentbong site unless establishment of such a link is approved in advance by Agentbong in writing.
6. MARKETING CAMPAIGNS
6.1 From time to time, Agentbong through its Platform or other channels including partners, publications, and social media, may conduct campaigns in the form of promotions, codes, discounts, contests, giveaways, and offers (“Campaign”). These Campaigns are governed by additional terms and conditions and you agree to be governed by such terms and conditions.
6.2 Agentbong reserves the right, in its absolute discretion, to determine your eligibility for a Campaign, and, subject to applicable laws, to withdraw or to modify a Campaign at any time without prior notice and without liability, to the greatest extent permitted under the law.
7. INDEPENDENT CONTRACTORS
Service Providers under the Agentbong’s Platform are engaged by the Customer as an independent contractor. Nothing in this Agreement shall be construed as creating a partnership, joint venture or employer-employee relationship between the parties. Neither party, Service Provider nor Agentbong, is the agent of the other and no party is authorised to make any representation, contract or commitment on behalf of the other party without express consent from the other.
8.1 In respect of the Platform, Agentbong will provide general customer service and support to the Customer in accordance with the then-current service and support policies in effect as stated in contract.
8.2 Service and support offerings may vary from service to service and Agentbong makes no guarantees or warranties of any kind that Agentbong will answer any queries within any timeframe, even if stated otherwise during correspondence, or satisfactorily answer such queries despite Agentbong’s best endeavours to do so.
8.3 Agentbong has no obligation to provide service or support until Agentbong has received full payment for the service/support contract purchased by the Customer. Agentbong is not obligated to provide third-party branded service or support (including telephone support).
9.1 The Customer agree that all information provided in the Booking is as accurate as possible, that the Service Provider have all rights to reject any tasks listed in the Booking, and that Agentbong may terminate the Session or Package at its discretion should any of the information in the Booking be found to be inaccurate. The Customer will be liable for charges incurred if the Session or Package is cancelled at any time or reason as a result of inaccurate information in their Booking according to the schedule in section 11.
9.2 The minimum duration for a Booking is 3 hours.
9.3 The tasks assigned are not guaranteed to be completed within the duration; extension of the duration of a Session (“Additional Hours”) might be required and charged accordingly. In such a case, the Service Provider has the right to reject the Additional Hours. Should the Service Provider accept, Additional Hours will be not deducted from the remaining hours in the Package but will be counted outside of the Package.
9.4 Should a Service Provider cancel a Session for whatever reason, the Customer may elect to find a replacement Service Provider or cancel the Session free of charge. Should the Platform be unable to find a replacement Service Provider within a reasonable timeframe, the Customer may elect to change the Booking or cancel the Session free of charge.
9.5 Agentbong does not guarantee the same Service Provider for a Customer for all Sessions booked by the Customer.
9.6 The Service Provider has the right to reject any task that is deemed to be illegal or a health or life risk. To avoid potential harm, the Service Provider can reject the lifting of any furniture, appliances, decor, and other items to clean an area. The Customer is required to do this before the Session. If the Customer decides to proceed otherwise and the Service Provider is agreeable, the Service Provider shall not be liable for any damages done to the property of the Customer.
9.7 The Service Provider has the right to reject an instruction to perform a task in a certain way when a better or easier way can be done. The Service Provider will not mop the floor using their hands and cloth nor will they hand wash clothes no matter the reason. They however, can mop the floor with a mop and use the washing machine.
10.1 The Customer shall make all payments through the Platform, which in turn uses a Payment Gateway to process such payments, unless agreed upon by Agentbong in writing for alternative methods. The cash payment is not permitted, except for grocery shopping or tips. Alternative payment methods can be discussed and must be agreed upon by Agentbong before the performance of the service.
10.2 The Customer agrees that the Payment Gateway will process the validity of the credit card through an authorisation charge equal to the Session fee one day prior to the Session, the amount only fully deducted from the credit card upon completion of the Session.
10.3 Should the credit card be declined by the Payment Gateway during an authorisation charge, and a valid credit card not be keyed into the Platform and authorised, Agentbong shall cancel the Session.
10.4 Additional charges to the Session may apply according to certain conditions listed in the Platform, including but limited to Travel Allowance and Odd Hours Allowance, or during public holidays, their eves, and other peak periods at the discretion of Agentbong.
10.5 The Customer and Service Provider recognises that Agentbong provides value in money and time as an intermediary to both parties. As such, any action that encourages or solicits complete or partial payment, of the services engaged, outside of the Platform is a violation of the TOS. The party in breach is liable to compensate Agentbong for damages of a monetary amount determined by Agentbong, and access to the Platform will be suspended.
10.6 Parties who report violations of clause 10.5 shall be rewarded by Agentbong accordingly.
10.7 Agentbong shall pay weekly the Service Provider for their services performed for that cycle.
11. CHANGES AND CANCELLATIONS
11.1 For all Packages except a Basic Package, the Customer and Service Provider may cancel or make changes to a Session free of charge up to 24 hours before the Session, after which, unless provided by clause 9.3:
(a) the Customer will be charged for the full Session if the Customer cancels or makes changes to the Session within 24 hours before the start of the Session.
11.2 When a Customer book a Basic Package, unless provided by clause 9.3:
(a) the Customer will be charged for the full Session if the Customer cancels or makes changes to the Session within 24 hours before the start of the Session.
11.3 A Cancellation Fee of $50 will be incurred when the Customer cancels the Package or when the Package expires.
11.4 In the event that a Service Provider reached the location of the Session, and the Customer is not there to let the Service Provider in and cannot be reached. The Service Provider can leave the location and the Session will be treated as cancelled. The Service Provider shall take a photo of themselves in the location as proof.
11.5 Notwithstanding clause 11.1 and 11.2, if the Customer delays the start of the Session within the time frame of 1 hour on the day itself, the Service Provider may leave at the original scheduled time and the Session shall be treated as completed. Should the Customer elect to extend the session with the agreement of the Service Provider, such an extension shall be treated as Additional Hours as per clause 9.3.
12. REFUNDS AND WAIVERS
Any refund or waiver of any charge is issued by Agentbong at its own discretion and does not commit Agentbong to any future refund or waiver of any charge. Agentbong reserves the right to judge the validity of cause of evidence for a refund or waiver of any charge.
13. TERM AND TERMINATION
13.1 The terms of this TOS are valid upon the successful booking of a Session or Package and will terminate upon:
(a) a material breach of the Agreements by either party, whereby the affected party shall terminate the TOS on written notice to the other party;
(b) the cancellation of a Session or Package either by the Customer or Service Provider and that all parties have fulfilled their obligations under the TOS;
(c) the completion of a Session or Package and that all parties have fulfilled their obligations under the TOS.
13.2 Notwithstanding clause 13.1, Agentbong reserves the right to (a) modify or discontinue, temporarily or permanently, the Platform; (b) refuse any and all current and future use of the Platform and suspend or terminate the Customer’s account for any reason. Agentbong will in its best endeavours warn the Customer of any such action.
13.3 In the event that Agentbong terminates the Agreements or suspend a Customer’s access to the Platform, Agentbong shall have no liability or responsibility to the Customer and no refunds of any amount paid will be made, to the fullest extent under applicable law.
14. GENERAL PROVISIONS
14.1 If any provision of this T&C is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
14.2 Save as expressly provided herein, any term of this T&C shall not be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
14.3 No forbearance, delay or indulgence on Agentbong’s part in exercising any power or right under this T&C shall prejudice or restrict the rights of Agentbong, nor shall any waiver of its rights operate as a waiver of any subsequent breach, and no right, power or remedy herein conferred upon or reserved for either party, is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
14.4 This T&C shall be governed by and construed in accordance with the laws of Singapore and shall be subject to the non-exclusive jurisdiction of the courts of Singapore.