ADVOCADO provides its services subject to the Terms of Service which may be updated at any time without notice. The Terms of Service can be found at http://www.advocadoapp.com/terms.
1. TRADEMARKS, NAMES, AND LOGOS
All trademarks, names and logos used on this site or delivered via ADVOCADO services are owned by ADVOCADO (unless otherwise stated). Your use of these services and site does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in this site. No license is expressly impliedly granted within or as a result of your use of ADVOCADO services or this site. Without ADVOCADO’s prior permission, you agree not to display or use in any manner, the ADVOCADO trademarks, names and logo.
2. CHARGES AND RETURNS
The ADVOCADO service currently only includes features without charges from ADVOCADO. By purchasing from a merchant to top up stored value, to gain prepaid items, to gain stamps, or to gain loyalty points, you are purchasing from the promoting merchant and agree to the terms designated by each promotion. Any rewards given by the merchant are provided by the merchant and you agree to the terms designated by each reward. Any rewards given by a third party providers for a promotion are provided by the third party and you agree to the terms designated by each reward. ADVOCADO is not responsible for refunds if a merchant or third party provider goes out of business or discontinues service with ADVOCADO.
3. DESCRIPTION OF SERVICE
ADVOCADO provides a Mobile Service and Web Service to track loyalty purchases with participating merchants. You may redeem products for each respective stored value, prepaid item, loyalty stamps and loyalty points campaigns at the participating merchant according to the terms set by the promotion. You may receive exclusive rewards or promotions in conjunction with their loyalty actions.
4. MOBILE SERVICE
You are required to use the latest version of the Mobile Client in order to use the Mobile Service provided by ADVOCADO. The Mobile Client may only be download from official channels provided and approved by ADVOCADO. Only supported devices as defined by the issuing marketplace may use the Mobile Client. ADVOCADO is not responsible or obliged to support any devices that do not meet these standards.
The promotions displayed within the Mobile Service and Web Service are created by ADVOCADO. Comments made are generated by its users. Images or posts made by its users and submitted to the application or acquired in conjunction with the service shall grant ADVOCADO royalty free rights to those images or content and that ADVOCADO may use those images or content for promotional or other means as determined by ADVOCADO. ADVOCADO may or may not pre-screen content, but ADVOCADO shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any content that is available via the service. User comments stored may contain content that people find objectionable, inappropriate, or offensive. ADVOCADO does not assume responsibility for the content presented in the Mobile Service or Web Service.
7. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Singapore, the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ADVOCADO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ADVOCADO has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
9. MEMBER ACCOUNT, PASSWORD AND SECURITY
Upon registration, you will generate a password and account designation or utilize the log in service of partner services such as Facebook to complete the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ADVOCADO of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session (c) keep your account information updated and accurate. ADVOCADO cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 9.
You acknowledge, consent and agree that ADVOCADO may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ADVOCADO, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ADVOCADO and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You acknowledge, consent and agree that ADVOCADO may retain your account information and Content without limit to a specified retention period. At any time you may opt out of receive notifications from ADVOCADO through its messaging channels include but not limited to email, push notifications and SMS.
You agree that ADVOCADO may, under certain circumstances and without prior notice, immediately terminate your ADVOCADO account, any associated stored value, credited prepaid items, loyalty stamps and credited loyalty points, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Services. Termination of your ADVOCADO account includes (a) removal of access to all offerings within the Service, including but not limited to www.advocado.me and ADVOCADO text messaging services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in ADVOCADO’s sole discretion and that ADVOCADO shall not be liable to you or any third party for any termination of your account, any associated messages and ADVOCADO codes, or access to the Service.
11. THIRD PARTY APPLICATIONS, SERVICES AND CONTENT
The Service may provide, or third parties may provide, content or services either through the Mobile Client or through a link from the Mobile Client to the Third Party Application. Because ADVOCADO has no control over such content and resources, you acknowledge and agree that ADVOCADO is not responsible for the availability of such content or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such content or resources. You further acknowledge and agree that ADVOCADO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such application or resource.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ADVOCADO has no control over such sites and resources, you acknowledge and agree that ADVOCADO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ADVOCADO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. DISCLAIMER OF WARRANTIES
ADVOCADO disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the ADVOCADO Services results. ADVOCADO disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. ADVOCADO disclaims any responsibility for any harm resulting from information or material through the ADVOCADO.
THE ADVOCADO SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE ADVOCADO SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ADVOCADO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW
(i) ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS
(ii) ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ADVOCADO SERVICES
(iii) ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE ADVOCADO SERVICES
(iv) ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ADVOCADO SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE ADVOCADO SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE ADVOCADO SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE ADVOCADO SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
14. NO WARRANTY.
WHILE ADVOCADO AIMS TO MAKE THE SERVICES AVAILABLE, FUNCTIONAL AND SECURE AS FAR AS REASONABLY POSSIBLE, YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE FACT THAT ADVOCADO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ADVOCADO HEREBY EXPRESSLY DISCLAIMS THE SAME. IN ADDITION, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND ADVOCADO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. FURTHER, ADVOCADO MAY, IF IT DEEMS APPROPRIATE IN ITS SOLE DISCRETION AND WITH OR WITHOUT PRIOR NOTICE, UPDATE, MODIFY, RELEASE NEW VERSIONS OF, RESTRICT, SUSPEND OR TERMINATE ANY OF THE SERVICES PROVIDED. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO THE FOREGOING, AND THAT YOUR USE OF THE SERVICES IS SUBJECT TO THE SAME, AND YOU AGREE TO PUT IN PLACE SUCH CONTINGENCY PLANS AS ARE NECESSARY TAKING INTO ACCOUNT THE FOREGOING.
15. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ADVOCADO OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE ADVOCADO SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ADVOCADO OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE ADVOCADO SERVICES, FROM INABILITY TO USE THE ADVOCADO SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE ADVOCADO SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ADVOCADO SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE ADVOCADO SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE ADVOCADO SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE ADVOCADO SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE ADVOCADO SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE ADVOCADO SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall ADVOCADO or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
LIMITATION ON LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT ADVOCADO SHALL NOT, UNDER ANY CIRCUMSTANCES, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES, DAMAGES, LIABILITIES, CLAIMS, COSTS AND/OR EXPENSES OF ANY KIND WHATSOEVER INCLUDING LOSS PROFITS, LOSS OF REVENUE, LOSS OF CHANCE, LOSS OF DATA AND COSTS INCURRED TO LIMIT ANY OF THE FOREGOING ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH LOSSES OR DAMAGES WERE FORESEEABLE AND YOU ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
PERSONAL USERS. THE PERSONAL USER ACKNOWLEDGES THAT THE SERVICES ARE BEING PROVIDED WITHOUT CHARGE AND AGREES THAT IN ANY EVENT, ADVOCADO’S TOTAL LIABILITY TO A PERSONAL USER FOR ANY AND ALL CLAIMS WHATSOEVER ARISING UNDER OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED S$50.
MERCHANTS. THE MERCHANT ACKNOWLEDGES AND AGREES THAT IN ANY EVENT, ADVOCADO’S TOTAL LIABILITY TO A MERCHANT FOR ANY AND ALL CLAIMS WHATSOEVER ARISING UNDER OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THE MERCHANT TO ADVOCADO UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS PRECEDING THE DATE OF FORMAL COMMENCEMENT OF ACTION BY THE MERCHANT IN RESPECT OF ANY CLAIM.
QUESTIONS AND SUGGESTIONS
If you have questions or suggestions, please contact us:
2 Kallang Avenue
CT Hub #11-21
Subject: Customer Care – Terms & Conditions Issues
Email: [email protected]
Phone: +65 64449556