Terms Of Sale
Last Updated on June 16th, 2021
Important Information

1. GENERAL

(1.1) By purchasing any product or service ("Services") from Hooked Advertising Pte. Ltd. or its related companies ("Hooked"), including access to websites or applications owned or administered by Hooked, data and advertising/marketing products and services, you ( the "Purchaser") has entered into a legally binding agreement with Hooked.

(1.2) The terms set out in section 2 of these Terms of Sale apply to all purchases. Additional terms may apply to the sale of specific products or services.

(1.3) By making a purchase you accept and agree to be bound by these terms. Further, you also agree to be bound by Hooked's general terms of use set out at https://www.growwithhooked.com/terms-of-use and Hooked’s privacy policy set out at https://www.growwithhooked.com/privacy-policy. You are advised to read these policies before making any purchase.

(1.4) Please be advised that Hooked may amend both the General Terms of Use and Privacy Policy from time to time and you are advised to check regularly for updates to these policies.

(1.5) Unless expressly set out in the Terms of Sale, no party other than the purchaser shall acquire any rights whatsoever under the Terms of Sale by virtue of the Contract (Rights of Third Parties) Act (Cap. 53B) or otherwise.

2. GENERAL TERMS

(2.1) Purchases

(2.1.1) Purchases are limited to the subscription, products and/or services expressly identified in the Terms of Sale and/or recorded in the invoice.

(2.1.2) For that avoidance of doubt any purchaser may not rely on any term or condition unless it is in writing and forms part of these Terms of Sale or any related product or service specific Terms of Sale. Hooked provides absolutely no warranty as to the results achieved by Purchasers using our products or services.
 
(2.1.3) Products purchased for individual use are non-transferable and are not permitted to be shared.

(2.1.4) The purchaser must at their own cost provide any computer and/or device required to access any subscription and/or services or products. Similarly, the purchaser must at their own cost provide any internet access required to access any subscription and/or services and/or products.

(2.1.5) Product purchases and/or Service purchases may only be made through Hooked websites or applications or from an authorised person of Hooked.

(2.1.6) If a purchaser fails to utilise products and/or services during the active period and before expiry date of their subscription, those products or services will be forfeited. The time period cannot be extended.

(2.1.7) If a purchaser renews their subscription term, any unutilised benefits products or services will not be carried over.

2.2 Payments

(2.2.1) Your right to use any Products or Services is wholly dependent upon having made payment for those Products and/or Services and your use is limited to the Product(s) and/or Service(s) recorded in the invoice.

(2.2.2) The purchaser has absolute responsibility for their choice of method or payment and as such bears sole responsibility for any charges and/or fees incurred by their nominated payment method. Similarly, if the purchaser chooses to change their method of payment, the purchaser bears sole responsibility for any consequential charges and/or fees that may be incurred.

(2.2.3) If a purchaser nominates to make payment by way of cheque, the provision of the purchased subscription, service and/or product shall only be made available to the purchaser upon the cheque being cleared by Hooked's Bank of choice. Any fees incurred by virtue of a cheque that fails to clear shall be paid expeditiously and in full by the purchaser.

(2.3) Prices

(2.3.1) The cost of any subscription, service or product offered by Hooked to a prospective purchaser may change from time to time at the sole discretion of Hooked.

(2.4) Refunds & Exchanges

(2.4.1) All sales are final. Refunds are not permitted. Transfers, exchanges or substitutions of one product for another product or service are not permitted save for in exceptional circumstances and at the sole discretion of Hooked.

(2.5) Policy of Acceptable Use

(2.5.1) The purchaser agrees not to use any subscription, product or service in any way that is unlawful under any applicable laws, or harms Hooked, its service providers, suppliers or any other user. You agree not to use any subscription, product or service in any way that breaches any other code of conduct, policy or notice on the Services.

(2.6) Intellectual Property Rights

(2.6.1) Hooked reserves all intellectual property rights in relation to any subscription, product or services or related content including but not limited to its online web content, newsletters, data analysis, and any trademarks or material subject to copyright. Nothing in these Terms of Sale provides the purchaser any rights to, licence or the right to use any IP material other than what was expressly authorised within the subscription, product or service's terms of sale and limited to the express purposes identified in that subscription, product or service’s terms of sale.

(2.7) Disclaimers

(2.7.1) Any purchase of any subscription, product or service is subject to Hooked's Terms of Use (https://growwithhooked.com/terms-or-use) expressly including those provisions set out under the headings of No Warranty and Further Disclaimers. Further, any purchaser expressly acknowledges that their purchase is on an "as is" basis. Hooked expressly disclaims all warranties or any kind, whether expressed or implied, including but not limited to implied warranties on merchantability, fitness for a particular purpose and non-infringement to the maximum extent permitted by law.

(2.8) Indemnity

(2.8.1) The purchaser agrees to indemnify and hold Hooked, each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any purchaser content, any third party applications, software or submission any purchaser may post or share on or through the Site, their use of the Service or the Site, their conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of the Terms of Use or of any law or the rights of any third party, including without limitation any action(s) or claims(s) against Hooked on account of any User Content or Submission or containing material that infringes the intellectual property of a third party.

(2.9) Termination

(2.9.1) Hooked may terminate the Terms of Sale without notice. Causes for termination may include but are not limited to:

(i) the purchaser being made subject of a bankruptcy order:

(ii) the purchaser fails to make payment in accordance with the Terms of Sale:

(iii) infringement of the intellectual property rights of Hooked and/or any Third Party:

(iv) pursuant to any Court Order or reasonable request by any law enforcement or other Government agency: or

(v) discontinuance or material modification of Hooked's subscriptions, products or services.

(2.9.2) Any termination of the Terms of Sales or purchase agreement shall result in the purchaser no longer having made available to them the purchased subscription, product or service. The purchaser shall not be eligible for any refund in whole or in part nor are they entitled to any compensation or indemnity in any circumstances.

3. DATA PRODUCTS & SERVICES

(3.1) A purchaser may by virtue of their purchase of a subscription, product or service be able to access certain data. Hooked owns the intellectual property rights to all data and content related to its subscriptions, products or services but grants a limited non-exclusive, revocable license for a purchaser to use for their individual internal business purposes.

(3.2) A purchaser is not permitted to reproduce any data accessed pursuant to their purchase or any subscription product or service nor are they permitted to pass off or represent any such data as being their own.

(3.3) Purchasers of any subscription, product or service that provides access to data products or services or content shall not distribute such data to any third party unless they request and obtain express permission in writing from Hooked. Any such express permission granted may be limited in any way and may be revoked by Hooked at any time without notice.

(3.4) The purchase of any data product or service is subject to the Terms of Use expressly including those provisions set out under the headings of No Warranty and Further Disclaimers. Any purchaser expressly acknowledges that their purchase of any data product or service is on an "as is" basis. Hooked expressly disclaims all warranties or any kind, whether express or implied, including but not limited to implied warranties on merchantability, fitness for a particular purpose and non-infringement to the maximum extent permitted by law.

(3.5) Hooked reserves the right to amend or vary these terms in relation to data products and services to any extent and at any time in its sole discretion.

4. ADVERTISING/MARKETING SERVICES

(4.1) This section shall apply to all forms of marketing and/or advertising services that may be provided by Hooked from time to time including but not limited to advertising activities related to individual agents, retail businesses, Clinics, Gyms, Health and fitness centres, corporations or any other individual and corporate entities.

(4.2) For the purposes of this section "Content" is that information and/or material supplied by a purchaser to Hooked for the purpose of submitting and creating an Advertisement.

(4.3) All content must be submitted in the file format specified by Hooked which may change from time to time and must include all information required by Hooked for the completion of any submission.

(4.4) Submissions made under this section are not confidential information and any person making a submission warrants that the content doesn't infringe the rights of any third parties including but not limited to contractual rights, copyright, trademark, privacy or other personal or proprietary right or rights.

(4.5) Hooked reserves the right to accept or reject any Advertisement at its sole discretion without any requirement to provide reasons to the Party making the relevant submission. The refusal to accept the whole or part of any submitted content of any particular advertisement or listing does not constituent any breach of Hooked's contractual obligations as full discretion as to Content rests with Hooked and that discretion extends to the timing of publication or placement of any Advertisement or Listing as well as its positioning or presentation on any of Hooked's platforms.

(4.6) Hooked does not undertake to review or correct any content after submission and/or publication of the said content. Any errors in submitted content are the sole responsibility of the party making any submission.

(4.7) Hooked reserves the right to remove without notice any Advertisement or Listing that it deems non-compliant with any of these Terms of Sale or Hooked's Terms of Use.

(4.8) Parties submitting content must ensure that they have all the necessary legal, regulatory and Government approvals, licences, consents and permits required in relation to any submitted content.

(4.9) Any Party who has submitted any content for the purposes of any Advertisement may request that the content if already or yet to be published be withdrawn. In these circumstances Hooked is not liable for any refund in part or in whole. It may also be the case that it is not feasible to withdraw the submitted content or Advertisement and in its sole discretion Hooked may refuse any such request.

(4.10) Repeated violations by any account holder of our terms of use and/or terms of sale may result in an account being suspended or terminated and the forfeiture of any entitlements or benefits remaining under any subscription or package.

(4.11) Submitting content for the purposes of any Advertisement creates in favour of Hooked an irrevocable, non-exclusive, royalty-free, worldwide, right to use, copy, modify, adapt and/or manipulate the Content for purposes including but not limited to public performance or display, or Hooked's marketing or distribution or placement of any Advertisement or Listing on other mediums in addition to Websites, Applications or Newsletters.

(4.12) By Submitting content the party making the submission undertakes to hold harmless Hooked and its affiliates, employees, agents, contractors, directors, officers and third party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Content including but not limited to the publication of the Content.

(4.13) All submissions must be made in accordance with Hooked's Terms of Use https://growwithhooked.com/terms-of-use.

5. PERSONAL DATA

(5.1) A Purchaser may refer their customers and/or contacts to become customers and clients of Hooked.

(5.2) Anyone making such a referral warrants that they have the consent of the party they refer to be referred for that purpose and to be contacted in relation to the referral.

(5.3) Once any user signs up to become a customer or client of Hooked, they are subject to Hooked's Terms of Use and Privacy Policy both of which may be amended from time-to-time.

(5.4) Hooked reserves the right, subject to the terms of use and privacy policy, to contact its members, including those referred by others with consent for purposes such as marketing of products and services, including Hooked's products and services.

(5.5) While any person making a referral may have access to certain personal information of any person referred, the referrer undertakes not to use such information in any way that would breach Hooked's Terms of Use or Privacy Policy or the PDPA.

(5.6) Clients may request to delink from any referrer at any time and should any Clients make such a request, Hooked will delink that referrer expeditiously.

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Suntec Tower 2, Singapore 038989