Posted: 31 January 2016

Welcome to FINDAPRO, an internet platform (together with its associated mobile applications (“FINDAPRO” and “I’m A Pro”) and other online platforms, the “Platform”) owned and operated by Creative Fountain Pte Ltd (referred to as “FINDAPRO”, “we”, “our”, or “us”). The term “Platform” in these Terms of Use includes a reference to links contained within or otherwise available through external hyperlinks within the Platform.

Your use of the Platform and the purchase by you of services (“Services”) offered by any Service Providers (“Pro”) through the Platform are expressly subject to these Terms of Use. You must agree unconditionally to these Terms of Use and our Privacy Policy to use the Platform and to purchase Services through the Platform. These Terms of Use contain important provisions which you should read, including (a) terms of sale that apply when you purchase Services through the Platform and (b) your agreement to our “Permissible Use Policy” on permissible uses of the Platform. These terms of use also contain very important provisions limiting our liability to you ( such as Clause 9.3).

You should read these terms of use carefully. If you do not agree to any part of these Terms of Use, you should not proceed with any transaction (including submitting any information about yourself) on the Platform. If you originally agree to these Terms of Use but subsequently decide to withdraw your agreement, you must contact us to notify us immediately. Your use of the Platform (which includes signing up for an account on the website or mobile App and requesting for services to be performed through the Platform and/or (if you are a Pro) agreeing to provide services through the Platform) indicates your agreement to these Terms of Use.

These Terms of Use may be amended or withdrawn without prior notice at our sole discretion and you are advised to view these Terms of Use from time to time and in any case prior to placing any order through the Platform.

Services and Agreed Price

FINDAPRO’s proprietary platform allows any Service Provider to bid to perform Services to any member of the public seeking such services (“End-User”). The Services will be sold at a price offered by the Pro and agreed to by the relevant End-User (the “Agreed Price”), utilising FINDAPRO’s proprietary bidding technology. Any legal contract is strictly between the End-User and the Pro themselves only and the Services are performed by the Pro who is not related to FINDAPRO. The terms of such contracts are subject to these Terms of Use as well as such additional terms and conditions as may be agreed between End-User and Pro. In all instances, FINDAPRO only serves as a marketplace for the End-User and the Pro, with value-added ancillary services such as communication, payment, rating and others.

Permitted Use Policy

The Platform provides an online service booking service operated by FINDAPRO which includes an e-commerce transaction (incorporating FINDAPRO’s proprietary bidding technology), an appointment booking service and promotion and marketing services for Pros. As a condition of your use of the Platform, you represent that:

In the event of your misrepresentation of any of the above matters, you shall be liable to indemnify and hold harmless us, our affiliates, agents and representatives against all damages, costs and expenses including any claim from any third parties and legal costs on full solicitor and client basis that arises from such misrepresentation to us.

By way of terms and conditions of the use of the Platform you further hereby agree as follows:

Availability of the Platform

You acknowledge and accept that there may be interruptions in the Services or events that are beyond our control. While we use reasonable efforts to keep the Platform accessible, the Platform may be unavailable from time to time for any reason including, without limitation, routine maintenance or upgrading. You understand and acknowledge that due to circumstances both within and outside of our control, access to the Platform may be interrupted, suspended or terminated at any time, without prior notice to you. We retain the right, at our sole discretion, to deny service or access to the Platform to anyone or any account, at any time and for any reason as we may in our discretion deem to be appropriate.

We reserve complete and sole discretion with respect to the operation of Platform. This means that we may, amongst other things:

Ownership of the Platform

FINDAPRO grants End-Users and Pros a revocable licence to use the Platform, and does not sell or otherwise grant to End-Users and Pros the right to use the Platform. As such, continued use by End-Users and Pros of the website is always subject to FINDAPRO’s approval. The content and information on the Platform (including but not limited to text, software, photographs, graphics, illustrations and artwork, layout, colour combinations and other graphical elements, video, music and sound, names, logos, trade marks and service marks including the “look” and “feel” of the Platform), as well as the infrastructure supporting the Platform, and all materials therein or transferred thereby and all intellectual property rights related thereto, are the exclusive property of FINDAPRO. Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a licence in or under any such intellectual property rights and you agree not to modify, adapt, edit, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Platform without our prior written permission provided that permission is granted to download and print the materials displayed at the Platform for strictly personal, non-commercial use only and provided that you do not modify any such materials.

Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Platform or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with FINDAPRO and the Platform while it is being transmitted. In addition, FINDAPRO is not responsible for any data lost during transmission.

Your Conduct on the Platform

The Platform is FINDAPRO’s private property. All interactions on the Platform must be lawful and must also comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of the Platform, we may limit your privileges on, or access to, the Platform and/or seek other remedies which may be available to us. Please do not engage in the following activities – they are prohibited on the Platform and constitute express violations of these Terms of Use:

You shall be responsible for, and indemnify and hold harmless us, our affiliates, agents and representatives against all damages, costs and expenses including any claim from any third parties and legal costs on full solicitor and client basis that arises from your breach of any of these Terms of Use governing your conduct on the Platform.

Creating an Account on the Platform

If you create an account on the Platform, you may only create and hold one (1) account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these terms, we may terminate your account and, without limitation, you may forfeit any amount due to be credit to you under or in respect of your account. If we terminate your account, you may not re-enrol or join under a new account unless we formally approve the same (including re-enrolling or joining with a different mobile phone number, email account or under a different name). If you commit fraud or falsify information in connection with your use of the Platform or in connection with your FINDAPRO account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue any action which is available to us (including the use of any available legal remedies) and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Platform.

Information on the Platform

We do not control information provided or posted by End-Users and Pros. You may find other End-Users’ and Pros’ information to be inaccurate, harmful or offensive. By using the Services you assume all of the risks associated with the use of the Platform and the Pros and you agree to accept such risks and agree that Find A Pro is not responsible for the acts or omissions of any End-User or Pro. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the Platform, including any material, comments or reviews which we consider in our sole discretion to be harmful, offensive, defamatory, deceptive and/or unlawful.

Terms of Sale

Charging Policy

We will charge a user’s credit card, PayPal account or other payment processing account for confirmed bookings of Services purchased through the FINDAPRO Platform immediately upon an End-User’s acceptance of a Pro’s bid for the performance of a particular Service. The amount charged will be equal to the Agreed Price.

Cancellation and Refund Policy Limitation of Liability

The exclusions and limitations of liability under these Terms of Use will not apply to the extent prohibited by applicable law.

FINDAPRO’s Money Back Guarantee and Warranty

Money Back Guarantee

The provisions of this Clause will apply only if the relevant Pro has elected to participate in FINDAPRO’s Pro Guarantee Programme.

Warranty

If you have had a Service performed by a Pro which involves an item or device which has required servicing, maintenance or repair, the Pro responsible for the provision of such Service as warranted to you (the “Warranty”). The Warranty agreement is between you and the Pro and the Platform is not a party to the same. You may promptly contact the Pro directly (and in any case within the Warranty Period) if you wish to make a claim under the Warranty. We hold no responsibility for such Warranty or its compliance.

Links to Third Party Sites

We don’t have control over websites that FINDAPRO may link to. FINDAPRO may contain links to third party websites that are not owned, operated, or controlled by FINDAPRO. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the entities that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using Find A Pro you expressly relieve us from any and all liability arising from your use of any third party website.

Intellectual Property

Ownership Copyright Policy

FINDAPRO reserves the right to terminate its agreement with you or any other user of the Platform who infringes third-party copyright. If you believe that any material has been posted on or through the Platform by any person in a way that constitutes copyright infringement, you shall provide FINDAPRO with the following information:

Contact information for FINDAPRO’s claims of copyright infringement is: contact-us@cfountain.com

If you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and legal costs incurred by us on full solicitor and client indemnity basis.

Please note that this procedure is exclusively for notifying FINDAPRO and its affiliates that your copyrighted material has been infringed.

FINDAPRO has adopted a policy of terminating, in appropriate circumstances, users of the Platform who are deemed to be repeat infringers. FINDAPRO may also at its sole discretion limit access to the Platform and/or terminate the accounts of any user of the Platform who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE SERVICES PROVIDED ON AND THROUGH THE WEBSITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF PROBABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER FINDAPRO, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE STAFF MEMBERS, AGENTS, PROS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, STAFF MEMBERS OR AGENTS, WARRANT THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, OR (B) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR ANY SERVICE PROVIDED OR CONTRACT THROUGH THIS SITE. THE PLATFORM IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. FINDAPRO HEREBY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE TO TITLE NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE

FINDAPRO does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or service, and FINDAPRO will not be a party to or in any way monitor any transaction between you and third-party providers of services.

The information presented or contained in the Platform is presented for informational purposes only. No information, whether oral or written, obtained by an End-User from a Pro, or by a Pro from an End-User, or in relation to any Service will create any warranty not expressly stated in these Terms of Use.

Each End-User hereby agrees and understands that:

FINDAPRO makes no representations that the Platform is appropriate or available for use in jurisdictions other than the locations in which the Services are offered. Those who access or use the Platform from other jurisdictions do so at their own volition and are responsible for compliance with their own local laws.

Dispute Resolution

For all Singapore users of the Platform

End-User Communications

FINDAPRO may allow you and other End-Users to use the Platform to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms, reviews, or other communication facilities that may be offered on or through the Platform from time to time (collectively “Communities”). FINDAPRO shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by FINDAPRO, as well as to satisfy any applicable law, regulation or authorised government request. Without limiting the foregoing, FINDAPRO shall have the right, but not the obligation, to remove any material from the Communities that FINDAPRO, in its sole discretion, finds to be in violation of these Terms of Use or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End-User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of FINDAPRO.

Public Nature of Your Statements

You understand and agree that all statements, any comments or reviews you post on the Platform [“Statements”], and any information contained in a Pro’s information profile are public and not private. Any other person (whether or not a user of FINDAPRO’s Services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Policy) in your Statements. FINDAPRO does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any Statements you post to or on the Platform are not confidential. By placing any information or other material in Communities (including but not limited to posting messages, uploading files, inputting data or engaging in any other form of communication), you automatically grant (or warrant that the owner of such content has expressly granted) to FINDAPRO a perpetual, royalty- free, non-exclusive, irrevocable, unrestricted, worldwide licence to use, copy, sub-license, reproduce, distribute, redistribute, modify, summarise, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to the Communities alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sub-license such rights through multiple tiers of sub-licenses.

Feedback

You may choose to or we may invite you to submit comments or ideas about any Services received by you or relating to the Platform, including without limitation about how to improve the Services you received or the Platform (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place FINDAPRO under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, FINDAPRO does not waive any rights to use similar or related ideas previously known to FINDAPRO, or developed by its staff members, or obtained from sources other than you.

License Grant

By posting any statements or other information or any photos, graphics or artworks on or through the Communities [“the Materials”], you grant FINDAPRO a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, summarise, publish, edit, translate, distribute, perform, and display the Materials alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sub-license such rights through multiple tiers of sub-licensees. Your license of any Materials submitted extends to our use for promotions, advertising, market research or any other lawful purpose, without limitation.

Indemnity

You agree to defend, indemnify and hold harmless Creative Fountain Pte Ltd and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their staff members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitors’ fees on a full indemnity basis) arising out of or related to:

Termination

FINDAPRO may terminate these Terms of Use at any time, or suspend access to the Platform immediately, without prior notice or liability, if you breach any terms of these Terms of Use or for any other reason. Without limiting the foregoing, FINDAPRO shall have the right to immediately terminate or suspend any of your account in the event FINDAPRO considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach these Terms of Use. Notwithstanding the above, these Terms of Use will survive termination of these Terms of Use.

Choice of Law

Other than as specified otherwise, these Terms of Use are governed by, and shall be construed in accordance with Singapore law and the parties agree to submit to the non-exclusive jurisdiction of the Courts of the Republic of Singapore.

Dispute Resolution

For all End-Users In Singapore

Miscellaneous Provisions

No waiver by either you or FINDAPRO of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms of Use. The Clause headings used herein are for convenience only. If any provision of these Terms of Use is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of these Terms of Use shall continue in full force and effect.

The Agreement constituted by these Terms of Use is only between us and the End-User or the Pro who has an account with us, and no person who is not a party to the agreement constituted by these Terms of Use shall have any rights to enforce these Terms of Use or the our Privacy Policy and the terms of the Contracts (Rights of Third Parties) Act, [Chapter 53B] of Singapore are expressly excluded.

The failure of either party to exercise in any respect any right provided in these Terms of Use will not be deemed a waiver of such rights.

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.

These Terms of Use, and any rights and licenses granted hereunder, or any obligations in respect of them, are not assignable, transferable or sub-licensable by you except with FINDAPRO’s prior written consent, but may be assigned and/or transferred and/or licensed by FINDAPRO without restriction and you hereby give your irrevocable consent to such assignment and/or transfer and/or licence or sub-license by FINDAPRO. Any attempted transfer or assignment in violation hereof shall be null and void.

You agree that these Terms of Use, along with FINDAPRO’s Privacy Policy, I’m A Pro Terms of Use and I’m A Pro’s Privacy policy (in the event you are also a Pro) and any other legal notices published by FINDAPRO on the Platform, are the complete and exclusive statements of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by FINDAPRO, except as otherwise provided herein.

No relationship of trust, agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind FINDAPRO in any respect whatsoever.

By accessing the Platform, you understand, acknowledge and agree that you will abide by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, please immediately stop accessing the site and do not use any FINDAPRO service offered through the Platform.