Terms And Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MOBILE APPLICATION (“TOMPANG”) AND THE SITE (WWW.TOMPANG.COM), COLLECTIVELY DEFINED AS (THE “SERVICES”) OFFERED BY TOMPANG PTE. LTD. (201322527W), A COMPANY DULY INCORPORATED IN SINGAPORE WITH THE REGISTERED ADDRESS AT BLOCK 67 AYER RAJAH CRESCENT, #06-21, SINGAPORE 139950 (HEREINAFTER REFERRED TO AS (“TOMPANG”, “WE”, “US”, OR “OUR”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF ALL THE SERVICES PROVIDED BY TOMPANG.
By using the services in any manner, including but not limited to visiting or browsing the site or the mobile application, you (the “user”, “member” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site and the mobile application, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site and the mobile application.
If you have any questions, please contact us at email@example.com.
1. Tompang is a platform
Tompang acts as a platform to allow users who comply with Tompang’s policies to request and fulfill items. Tompang is not directly involved in the transaction between the Requesters and Travelers. As a result, Tompang has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listing. Tompang does not pre-screen users or the content or information provided by users. Tompang cannot ensure that a Requester or Traveler will actually complete a transaction.
Consequently, Tompang does not transfer legal ownership of items from the Traveler to the Requester.
Tompang cannot guarantee the true identity, age, nationality, or sense of humor of a user.
You agree that Tompang is a platform and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Tompang. You use the Tompang service at your own risk.
2. Membership Eligibility
Age: The services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Tompang may, in its sole discretion, refuse to offer access to or use of the Site or the mobile application to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use our services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
In addition, some services offered through the Site and mobile application may be subjected to additional terms and conditions promulgated by Tompang from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Tompang of any unauthorized use of your password or any breach of security. You also agree that Tompang cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Tompang without Tompang’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer: You may not transfer or sell your Tompang account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Tompang’s services are not available to temporarily or indefinitely suspended Tompang members. Tompang reserves the right, in Tompang’s sole discretion, to cancel unconfirmed or inactive accounts. Tompang reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Joining, setting up an account, making an offer pertaining to a request on the site and mobile application is free in this version. However, a completed transaction will incur a small percentage of transaction fees.
4. Posting a Request
By making a request on the Site or mobile application, you warrant that you and all aspects of the request comply with Tompang’s published policies. You also warrant that you may legally make a request. You must accurately describe the item and all terms of sale in your request. Your request may only include text descriptions, graphics, pictures and other content relevant to the item and you should not disclose any personal information. Each request must accurately and completely describe the requested item.
5. Posting an Offer
By making an offer on the Site or mobile application, you warrant that you and all aspects of the offer comply with Tompang’s published policies. You also warrant that you may legally make an offer. The member who post an offer is advise to take into consideration any additional delivery costs as may be applicable, as well as, the various taxes for example; sales taxes, value added taxes(VAT), goods and services taxes(GST) and other similar taxes and factor these into part of the offer price to the Requester.
6. Currency conversion
The currency conversion on the Site and mobile application when available is solely functioning as a convenience to you for general informational purposes and references only. It is meant to be a form of aiding tool to assist you in making an estimation of the requested or offer price. Tompang does not guarantee the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of the exchange rates.
7. Binding Sale
All sales are binding. The Traveler is obligated to complete the transaction with the Requester in a prompt manner, unless there is an exceptional circumstance.
Be false, inaccurate or misleading
Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) or the relevant authorities (in your country) as hazardous to consumers and therefore subject to a recall.
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Tompang staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Be obscene or contain child pornography
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Host images not part of a listing
Modify, adapt or hack Tompang or modify another website or mobile application so as to falsely imply that it is associated with Tompang;
Appear to create liability for Tompang or cause Tompang to lose (in whole or in part) the services of Tompang’s ISPs or other suppliers
Take any action that imposes, or may impose, in Tompang’s sole discretion, an unreasonable or disproportionately large load on Tompang’s infrastructure
Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses of Tompang from the Site except with prior express written permission of Tompang and the appropriate third party, as applicable
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
Bypass Tompang’s robot exclusion headers or other measures Tompang may use to prevent or restrict access to Tompang
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
8. Prohibited, Questionable and Infringing requested Items and Activities
You are solely responsible for your conduct and activities on and regarding to Tompang and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Tompang.
Restricted Activities: Your Content and your use of Tompang shall not:
Re-Posting Content: By posting Content on Tompang, it is possible for an outside website or a third party to re-post that Content. You agree to hold Tompang harmless for any dispute concerning this use. If you choose to display your own Tompang-hosted image on another website, the image must provide a link back to its listing page on Tompang.
Idea Submissions: Tompang considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Tompang shall not be liable for the disclosure or use of such Material. If, at Tompang’s request, any member sends Material to improve the site (for example through the Forums or to customer support), Tompang will also consider that Material to be non-confidential and non-proprietary and Tompang will not be liable for use or disclosure of the Material. Any communication by you to Tompang is subject to this Agreement. You hereby grant and agree to grant Tompang, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you. So there’s that.
10. Information Control
Tompang does not control the Content provided by users that is made available on Tompang. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Tompang, you agree to accept such risks and that Tompang (and Tompang’s officers, directors, agents, subsidiaries, joint ventures, creators and employees) is not responsible for any and all acts or omissions of users on Tompang. Please use caution, common sense, and practice safe buying and selling when using Tompang.
Other Resources: Tompang is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Tompang does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Tompang 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Tompang’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. Tompang is not involved with user generated groups, the groups’ requirements, or the Meetings.
Tompang does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Tompang does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
12. Resolution of Disputes and Release
In the event a dispute arises between you and Tompang, please contact Tompang.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Singapore, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the courts located in Singapore. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Tompang agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release Tompang (and Tompang’s officers, directors, agents, subsidiaries, joint ventures, creators and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Tompang encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Tompang, for the benefit of users, may try to help users resolve disputes. Tompang does so in Tompang’s sole discretion, and Tompang has no obligation to resolve disputes between users or between users and outside parties. To the extent that Tompang attempts to resolve a dispute, Tompang will do so in good faith based solely on Tompang’s policies. Tompang will not make judgments regarding legal issues or claims.
13. Tompang’s Intellectual Property
TOMPANG, and other Tompang graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Tompang in Singapore and/or other countries. Tompang’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
14. Access and Interference
Tompang may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Tompang is updated on a real-time basis and is proprietary or is licensed to Tompang by Tompang’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Tompang for any purpose whatsoever without Tompang’s prior express written permission. Additionally, you agree that you will not:
Without limiting any other remedies, Tompang may, without notice delay or immediately remove Content, warn Tompang’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Tompang may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
17. No Warranty
Tompang, Tompang’s subsidiaries, officers, directors, creators, employees, and tompang’s suppliers provide Tompang’s web site and services “as is” and without any warranty or condition, express, implied or statutory. Tompang, Tompang’s subsidiaries, officers, directors, creators, employees and Tompang’s suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from tompang shall create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
18. Liability Limit
In no event shall tompang, and (as applicable) tompang’s subsidiaries, officers, directors, employees or tompang’s suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, tompang’s services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
Tompang’s liability, and (as applicable) the liability of tompang’s subsidiaries, officers, directors, creators, employees, and suppliers, to you or any third parties in any circumstance is limited to $1. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold tompang and (as applicable) tompang’s parent, subsidiaries, affiliates, officers, directors, agents, creators and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
20. No Guarantee
Tompang does not guarantee continuous, uninterrupted access to the Site or mobile application, and operation of the Site may be interfered with by numerous factors outside Tompang’s control.
21. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Tompang service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Tompang’s net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
23. No Agency
You and Tompang are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
24. Tompang Service
25. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of Singapore.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Tompang; Attn: ACCOUNTS; BLOCK 67 AYER RAJAH CRESCENT, #06-21, SINGAPORE 139950 (in the case of Tompang) or, in your case, to the email address you provide to Tompang (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Tompang my give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Tompang. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by Tompang, located at BLOCK 67 AYER RAJAH CRESCENT, #06-21, SINGAPORE 139950. If you are a Singapore resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Effective Date: July 2017.