Terms&Conditions


TERMS OF USE

By using this website (the “Site”), you (or “User”) agree to abide by all our terms and conditions. If you do not agree to these terms, you must cease the use of the Site immediately.


General

Closetphobic may change the Terms of Use and/or our Privacy Policy at any time and without notice to you.  If we make changes to our Terms of Use and Privacy Policy and you continue the use of our Site, it shall be implied that you agree to the Terms of Use and Privacy Policy expressed herein.

The Site may be unavailable from time to time for any reason. You understand and acknowledge that due to circumstances both within and outside of the control of Closetphobic, access to the Site may be interrupted, suspended or terminated from time to time. Closetphobic shall have the right at any time to change or discontinue any aspect or feature of the Site without notice.

Nothing in these Terms of Use creates a partnership, employment relationship or agency. There are no third-party beneficiaries of these Terms of Use. You may not assign these Terms of Use, in whole or in part, to any third party without our prior, written consent, and any attempt by you to do so will be invalid. Should any part of these Terms of Use be held invalid or unenforceable, that portion will be construed in accordance with applicable laws and the remaining portions will remain in full force and effect. Any inaction or delay on our part to enforce any provision of these Terms of Use will not be considered a waiver of the right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.

These Terms of Use, together with the Privacy Policy and any other legal notices published by Closetphobic, shall constitute the entire agreement between you and Closetphobic concerning the use of the Site and our services.

You and Closetphobic agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

By your use of the Site, you declare that you are legally able to accept these Terms of Use. You affirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and to abide by and comply with these Terms of Use.

All Users shall restrict any and all activity in connection with the use of this Site to that which involves lawful purposes only. User shall not post on or transmit through this Site any material or comments which violates or infringes in any way upon the rights of others, or any material which is unlawful, harmful, threatening, abusive, harassing, tortuous, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or legal rights, hateful, or racially, ethnically or otherwise objectionable, or which encourages or supports any conduct or words that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation, or which, without Closetphobic's express prior, written approval, contains advertising or any solicitation with respect to any products or services. Any conduct by a User that in Closetphobic's exclusive discretion restricts or inhibits any other User from using or enjoying this Site is strictly prohibited. User agrees not to attempt to access or retrieve without consent any part of the database of the Site, reverse engineer or jeopardize or interfere with the correct functioning of the Site, or otherwise attempt to derive the source code, software or any part (including the tools, methods, processes, and infrastructure) that enables or underlies the Site. User must not upload or transmit any form of virus, worm, Trojan horse, bug or other malicious code.  The User hereby agrees to defend, hold harmless and indemnify Closetphobic, its owners, management, staff, agents and affiliates against any and all costs, damages, liabilities and expenses arising out of or related to the violation or infringement of the above conditions of use.

You acknowledge and agree that Closetphobic may preserve any information and content and may also disclose any information and content given or provided by the User (directly or indirectly) if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any law, regulation, or legal process; (b) enforce these Terms of Use; (c) respond to claims that any information or content or behaviour violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Closetphobic and its owners, management and staff, its users or the public.

The foregoing provisions of this section apply equally to and are for the benefit of Closetphobic, its owners, management and staff, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.


Nature of Business

The business of Closetphobic is only to provide an international platform to connect various merchants and customers from around the world in a way that allows the merchants to promote and/or supply products and services at a discount and/or with special privileges (a “Deal”) to the customers.  As such, the role of Closetphobic is only limited to that of a marketing and payment intermediary and all payments received are held in trust on behalf of the merchants for a temporary period.  In view of the limited and intermediary role of Closetphobic as a marketing and payment platform, the international nature of the website, merchants and customers, as well as the diversity and complexity of the products and services supplied by the merchants, it is the responsibility and legal obligation of the merchants and customers to individually review and determine the legality and/or lawfulness of the transaction/s as applied to their respective locations and/or circumstances, and whether to accept the risks and potential consequences thereof. In this regard, Closetphobic, its owners, management, employees, agents and affiliates shall not be held responsible or legally liable in any way for any losses, damages, liabilities, costs, expenses and other consequences arising out of or relating to issues of legality and/or lawfulness of the products and services which may differ on a case by case basis according to the User’s location and/or circumstances.


Terms of Sale

The Deal is not confirmed until we notify you via email that the requisite requirements (such as the minimum number of buyers) have been met and that the Merchant has accepted your offer to purchase. The coupon issued in relation to a deal is redeemable for goods or services provided by the seller of such goods and services, hereinafter defined as "Merchant." You understand and agree that the Merchant, not Closetphobic, shall be legally recognized as the seller of the goods and services and is solely responsible for the decision whether to confirm and fulfill the Deal and/or any consequences thereof.

In the event that a Deal is not activated or could not be fulfilled (either in whole or in part) subsequent to its activation or confirmation, or if a Merchant ceases business operations during the validity period of a Deal, Closetphobic’s accountability and legal liability shall only be limited to a refund, either in whole or in part, of any payments of the purchase price which you had made to Closetphobic in respect of the Deal. The amount of refund would vary depending on the degree of fulfillment of the Deal, which in any case shall not exceed the purchase price in respect of the Deal, and which shall be pro-rated if, based on the assessment of an independent third party appointed by Closetphobic, that the Deal has been fulfilled at least partially.

In addition, the following rules shall apply to all Deals:

-- You shall agree to create an account in order to purchase any Deal.

-- Any discounts, promotions or rebates shall be applied only to the merchandise or service sold by the Merchant, and may not be applied to GST, taxes and tariffs, service charges, shipping charges, handling charges or other miscellaneous charges unless otherwise stated.

-- There shall be no refunds or cancellations upon completion of the purchase process unless the Deal fails to meet the stipulated requirements (e.g. minimum number of buyers) or if the Merchant ceases business operations during the validity period of the Deal or if the Deal could not be fulfilled or performed by the Merchant for whatever reasons.

-- The Deals and/or coupons issued in respect of any Deals shall not be exchangeable for cash.

-- The Deals and/or coupons issued in respect of any Deals shall not be reproduced, sold or transacted with a third-party for cash or other monetary benefits.

-- The Deals and coupons issued in respect of the Deals shall be redeemed only once (unless otherwise stated in writing) and there shall be no cash refund, credit, rebate or new coupon issued for any unused portion of the value of the Deals or coupons.  For example, if you had paid $40 for a coupon which entitles you to purchase $80 worth of product and you subsequently redeemed products valued at $70, you will not be entitled to any credit, cash refund, rebate or new coupon equal to the difference of $10.

-- The provision of credit terms, if any, shall be granted at the absolute discretion of Closetphobic and the Merchant.

-- Deals shall only be redeemed using valid coupons issued by Closetphobic and in accordance with the terms and conditions of redemption.  Upon the request of Closetphobic or/and the Merchant, the customers shall agree to produce proof of identification (e.g. NRIC card or Driver’s License) for the redemption of the Deal or coupon.

-- A coupon shall not be used in combination with other coupon/s, gift certificate/s, discount/s, third party certificate/s, voucher/s or promotion/s.

-- The Deal and the coupon shall expire on the date specified on the coupon and no extension shall be granted unless otherwise stated in writing in advance.

-- It is the sole responsibility of the customer to take note of all restrictions and terms and conditions in respect of the Deal and coupon redemption.  The time, venue, mode and process of redemption shall be in full accordance with the stipulated terms and conditions; and you understand and agree that any non-compliance may render the coupon null and void with no compensation given in return.


Proprietary Rights

All materials contained in this Site, including but not limited to logos, brands, images, illustrations, designs, text, articles, content, audio clips, video clips and artwork are the copyrighted property of Closetphobic or by other parties that have licensed their material to Closetphobic. Closetphobic is the sole and exclusive owner of all content on the Site, including and without limitation all applicable copyrights, trademarks, trade secrets, users’ data, merchants’ and industry partners’ data and other intellectual property rights thereto. Any copying, reproducing, distributing, transmitting, posting, linking, deep linking or otherwise modifying of this site without the express written permission of Closetphobic is strictly prohibited.  Any modification of the materials or use of the materials is a violation of the copyrights and other proprietary rights belonging to Closetphobic. For the purposes of these Terms of Use, the use and distribution of any such material on any other web site or networked computer environment or media is strictly prohibited.


Other Important Conditions

- By your use of the Site and/or our services, you agree to not hold Closetphobic and its agents liable in any way for any and all injuries, illnesses, losses, damages, claims, liabilities and related costs arising from or caused by the use or redemption of the Deal and coupon. The only exceptions are if the stipulated requirements of a Deal are not met (e.g. minimum number of buyers) or if the Merchant ceases business operations during the validity period of the Deal, or if a Deal is unable to be fulfilled or performed subsequent to its activation and confirmation, in which case you may receive a refund (in full or in part) for any payments made to Closetphobic in respect of the Deal. The amount of refund would vary depending on the degree of fulfillment of the Deal, which in any case shall not exceed the purchase price paid in respect of the Deal, and which shall be pro-rated if, based on the assessment of an independent third party appointed by Closetphobic, that the Deal has been fulfilled at least partially.

- By your use of the Site and/or our services, you agree to waive any right to subsequently bring legal action or claim against Closetphobic and its owners and agents for any amount beyond that which you had paid in respect of the purchase price of the Deal, for the failure to fulfill or perform the Deal.

- By your use of the Site and/or our services, you agree to waive any right to bring any legal action or claim against Closetphobic, its owners, employees, agents and affiliates for any amount beyond that which you had paid in respect of the purchase price of the Deal.

- Further to the above, you agree to indemnify Closetphobic and its owners and agents against any and all claims, liabilities, losses, damages and related costs suffered by Closetphobic arising from or occasioned by your use or redemption of the Deal and coupon.

- Closetphobic reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to other sites from the Closetphobic Site and/or introduce different features or links to different users. Linked sites are not, however, reviewed, controlled, or examined by Closetphobic in any way and Closetphobic shall not be responsible or liable for the content, availability, advertising, claims, products, services or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Closetphobic’s endorsement of or association with the linked sites.

- It is your sole responsibility to review and comply with the Terms of Service and other Policies of the Site and its linked sites as well as with any other laws, regulations, obligations or requirements, including but not limited to those under copyright, secrecy, defamation, decency, privacy, security, trade, publications, media, export or import laws. In no event shall Closetphobic be liable, directly or indirectly, to anyone for any loss or damage or claims arising from or occasioned by the creation or use of the Site and its linked sites or the information or material accessed through these sites.


LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. CLOSETPHOBIC, ITS AFFILIATES OR ANY OF ITS OWNERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE.

CLOSETPHOBIC, ITS AFFILIATES OR ANY OF ITS OWNERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY PERSONAL INJURY OR DEATH OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CLOSETPHOBIC.

CLOSETPHOBIC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY OR LIABILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH CLOSETPHOBIC OR ANY LINKED WEBSITE OR WHICH ARE FEATURED ON ANY PART OF THE SITE OR BANNER OR OTHER ADVERTISING.

CLOSETPHOBICWILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU HAVE SOLE RESPONSIBILITY FOR THE DELIVERY AND QUALITY OF THE PRODUCT OR SERVICE (UNLESS OTHERWISE STATED IN WRITING IN THE AFOREMENTIONED) AND SHALL USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

THIS SITE AND THE LINKED SITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY OR DEATH OR LOSS CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

THE USER SPECIFICALLY ACKNOWLEDGES AND ACCEPTS THAT CLOSETPHOBIC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY, DEATH, DAMAGES OR LOSS FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.

IN NO EVENT SHALL CLOSETPHOBIC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE LINKED SITES AND ANY SOFTWARE, BE LIABLE FOR ANY LOSS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. THE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE LINKED SITES.

CLOSETPHOBIC IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE LINKED SITES.

ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE REMOVED BY CLOSETPHOBIC. CLOSETPHOBIC RESERVES THE ABSOLUTE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, CLOSETPHOBIC, DEEMS UNSUITABLE WITHOUT NOTICE.


INDEMNIFICATION

THE USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CLOSETPHOBIC, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, COSTS, LIABILITIES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES, COURT FEES, DAMAGES AND COMPENSATION, ARISING OUT OF OR RELATED TO THE USE OF THIS SITE AND/OR THE LINKED SITES AND USE OF CLOSETPHOBIC’S SERVICES BY THE USER.


TERMINATION

CLOSETPHOBIC RESERVES THE RIGHT TO CHANGE OR DISCONTINUE THE SITE AT ANY TIME WITHOUT PRIOR NOTICE.

CLOSETPHOBIC RESERVES THE RIGHT TO TERMINATE YOUR USE OF THE SITE AND ITS SERVICES AT CLOSETPHOBIC’S ELECTION AND FOR ANY REASON, WITHOUT PRIOR NOTICE. YOUR USAGE, MEMBERSHIP, ACCOUNT AND ANY BENEFITS ACCRUED SHALL AUTOMATICALLY BE TERMINATED WITHOUT COMPENSATION IN THE EVENT THAT YOU VIOLATE ANY OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IN THE EVENT OF ANY TERMINATION, YOU SHALL AGREE TO IMMEDIATELY CEASE ACCESS TO AND USE OF THE SITE.