Terms and conditions

BizExchange Promotion Terms & Conditions

Terms and Conditions of Use of the Marketplace.

cloudBuy plc (“cloudBuy”) operates and is solely responsible for this website [www.thebizexchange.com] (“Marketplace”). United Overseas Bank Limited (“UOB”, and collectively with cloudBuy, “we”, “our” or “us”)’s involvement in the Marketplace is limited only to the sourcing of third party suppliers to supply you with goods and services via this Marketplace. These terms and conditions of use (“Terms and Conditions”) govern your use of and access to the Marketplace.

Your use of this Marketplace and the ordering of any goods and services signifies your acceptance of these Terms and Conditions and your agreement to be bound by them. It is recommended that you print a copy of these Terms and Conditions for future reference. cloudBuy reserves the right to change the Marketplace, its content or these Terms and Conditions at any time. Your continued access to and/or use of the Marketplace following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. 

By placing an order through our Marketplace, you warrant that you are legally capable of entering into binding contracts, and that you are at least 18 years old.

Nature of Marketplace

The Marketplace allows users to browse, enquire and buy goods and services from a range of third party suppliers. 

Please ensure you have fully understood the Terms and Conditions of the Marketplace before use.

Advertising and Third Parties

Your correspondence or dealings with, or participation in promotions of, advertisers, suppliers and other third parties found on the Marketplace, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, supplier or other third party.

To the fullest extent permitted by applicable law, you agree that: (a) we shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or as the result of the presence of such advertisers, suppliers and other third parties on the Marketplace and (b) any orders placed by you via the Marketplace are subject to confirmation by, and the terms and conditions of business of, the relevant advertiser, supplier or other third party.

Links to Other Sites

This Marketplace may contain links to other sites. Unless expressly stated, these sites are not under our control or that of our affiliates. We assume no responsibility for the content of such Marketplaces and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Marketplace does not imply any endorsement of the sites themselves or of those in control of them.

Modifications to Offering and Content

We reserve the absolute right to alter, suspend or discontinue any aspect of the Marketplace or services provided through it, including your access to the Marketplace. Unless explicitly stated, any new features on the Marketplace, including but not limited to the release of new services, shall be subject to these Terms and Conditions as amended from time to time and updated on this page. cloudBuy reserves the absolute right to remove any Content as it deems appropriate without incurring any liability.

Copyrighting and Monitoring

The contents of the Marketplace are protected by international copyright laws and other intellectual property rights. The owners of these rights are us or other third party licensors. All product and company names and logos mentioned on or in the Marketplace may be the trademarks, service marks or trading names of their respective owners, including cloudBuy or UOB. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Marketplace including but not limited to text, graphics, video, messages, code and/or software without our prior written consent or the prior written consent of the owner of these rights.

cloudBuy’s copyright policy is to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law. cloudBuy reserves the right to take down allegedly infringing materials and/or terminate the accounts of repeat infringers, as applicable.

Content provided on the Marketplace may contain third-party data and/or imagery. Use of third-party data and/or imagery may be subject to such third party’s license agreement or additional use restrictions. You may not copy, remove, alter, modify, sell or licence any third party data or imagery contained in any software or displayed on the Marketplace.

Payment and Promotions

The Marketplace is an online marketplace which connects the suppliers of goods and services with buyers of goods and services. The purchasing of any goods and services via the Marketplace, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such supplier of goods or services or other third party (each a “Third Party”). Any dispute about the quality or standard of the goods or services provided via the Marketplace must be resolved directly with the Third Party.

To the fullest extent permitted by law, you agree that (a) we shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or as a result of the presence of any such Third Party on the Marketplace and (b) any orders placed by you via the Marketplace are subject to confirmation by, and the terms and conditions of business of, the relevant Third Party.

Full payment for any goods or services made available on the Marketplace must be made with a UOB Business Card, unless otherwise stated.

Any promotion codes, if applicable, must be entered prior to completing the purchase at checkout. Promotions cannot be claimed after the purchase is completed. All promotions are valid only for qualifying items within the URL specified in accordance with the supplier’s terms and conditions. All promotions are valid while stocks last. All promotions are not valid in conjunction with other offers, discounts, promotions, e-vouchers, e-coupons, privileges or purchase of gift certificates, unless otherwise stated. Promotions listed, where applicable, are in Singapore Dollar Currency, unless otherwise stated. All promotions may be subject to prevailing government taxes and service charges where applicable. For promotions with a minimum purchase requirement, the minimum purchase amount does not take into account of taxes and fees, including but not limited to shipping and handling, unless otherwise stated. All promotions are subject to the individual supplier’s terms and conditions.

Accounts (if Buyer Verification or Buyer Account Sign On is required)

In order to use this Marketplace you are required to create an account which may contain certain personal details and payment information. By creating an account on the Marketplace, you warrant that you are duly authorised to act on behalf of your company, including without limitation to provide the details and information of your company for the purpose of registering an account on the Marketplace, and to purchase goods and services on the Marketplace. It is your responsibility to ensure that the information provided is accurate and up to date. You should not share any username or password or other account details with any other person.

We accept no liability for any losses or damages incurred as a result of your account details being shared by you. If you use a shared computer, it is recommended that you do not save your account details in your internet browser.

Liabilities

This Marketplace and the information and content contained on it are provided to you on an “as is” basis. Any use of this Marketplace is at your own risk. To the maximum extent permitted by applicable law, we disclaim all warranties, representations, guarantees, conditions or assurances of any kind whether express or implied (including without limitation any warranty that this Marketplace will be uninterrupted, available, defect-free or error-free, that the information and content contained on it is accurate, complete or of a satisfactory quality, and/or that the content contained on this Marketplace does not infringe the intellectual property rights of any third party). We make no representations, warranties or guarantees that this Marketplace will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto.

We makes no representations, warranties or guarantees that use or results of the use of the Marketplace (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. cloudBuy may modify, suspend, or discontinue any aspect or feature of this Marketplace or your use of this Marketplace. If cloudBuy elects to modify, suspend, or discontinue the site, we will not be liable to you or any third party.

To the fullest extent permitted by law, under no circumstances shall we be liable to anyone, including you or any Third Party, for:

  • any loss, damage or costs, whether direct or indirect, incurred or suffered by you or any third party in connection with the Marketplace or in connection with the use, inability to use, or results of the use of the Marketplace, including but not limited to any pure economic loss; or any loss of or damage to your hardware, data or information
  • the content, information, material, or the quality or performance of the goods and services provided by the supplier through the Marketplace
  • any loss or damage due to any interruption or cessation of transmission of this Marketplace for any reason
  • any loss or damage due to any bugs, viruses, Trojan horses or similar malware which may be transmitted to or through this Marketplace and the information and content contained on it by any third party
  • any loss or damage arising in connection with any offers made available on the Marketplace, howsoever arising, including without limitation, from any late or non-notification, any error in computing, technical hardware or software breakdown, malfunctions or defects, failed, delayed or incorrect transactions, or lost or unavailable network connections, or any notice that is lost or misdirected, which may affect your eligibility in the offers
  • any special, incidental, indirect, statutory, exemplary, punitive or consequential damages, including, without limitation, damages for any lost profits, business or revenue, or other lost economic advantage, even if such party has been advised of the likelihood of such damages

Accepted Use Policy

The Internet is intended for use by mature adults and by minors under adult supervision. Users of this Marketplace are expected to use the Internet responsibly, obeying all laws and following proper ‘netiquette’. The following unlawful activities and practices will not be tolerated:

  • unauthorised distribution or copying of copyrighted photos, materials or software fraud, or any other practices which may infringe intellectual property rights, rights of confidentiality or rights to privacy
  • the solicitation of gambling or prostitution or any immoral acts
  • other practices which may be considered obscene and/or illegal
  • practices which may be unlawful or fraudulent, or which have any unlawful or fraudulent purpose or effect
  • practices which may promote violence, discrimination or illegal activity
  • harming or attempting to harm minors in any way
  • generating or causing congestion to the network traffic in excess of reasonable and normal usage
  • causing any disruption, interference, interruption or degradation in the network, this Marketplace or the services provided on this Marketplace
  • knowingly transmitting any data, sending or uploading any material that contains any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other technologically harmful programs, data or code
  • accessing without authority, interfering with, damaging or disrupting any part of this Marketplace, any equipment or network on which this Marketplace is hosted or stored, any software used in the provision of this Marketplace, or any equipment, network or software owned or used by any third party in connection with the use of this Marketplace
  • the posting of defamatory, scandalous, or private information about a person without their consent
  • intentionally inflicting emotional distress
  • any misuse of system resources including, but not limited to, knowingly employing programs which consume excessive CPU time or storage space the resale of access to scripts installed on the system-owner’s servers
  • Net mail abuse, including
    • message delivery considered to be spamming
    • mailbombing (sending numerous and very similar messages to the same e-mail addresses)
    • trolling (generating outrageous messages with the purpose of generating greater response)
    • subscribing others to a mailing list without permission.

NOTE: A breach of any of the policies above may result in the deletion of all your information and/or the termination of your account. Neither we nor any of our affiliates will be held responsible for any monies lost, or other loss, as a result of such an action.

Termination and Cancellation

cloudBuy may terminate your account at any time upon 7 days written notice delivered to your address or sent by e-mail to the last recorded email address provided by you via the My Account registration process. If cloudBuy terminates your account, you will be notified by email and an explanation for the termination will be provided. cloudBuy reserves the right to cancel orders or payments for any reason prior to processing payment or delivering the goods or services ordered and to refund any money paid in respect of those goods or services.

Where you have no outstanding orders or service contracts in place and no ongoing or unresolved disputes you may terminate your account at any time upon 7 business days written notice delivered to UOB at their registered address.

Please note that any orders placed by you via the Marketplace are subject to confirmation by, and the terms and conditions of business of, the relevant Third Party.

As such, where service contracts are terminated before the end of the contract period, the relevant Third Party provider may reserve the right to apply early termination charges. Any termination charges payable are solely a matter between you and the relevant Third Party in line with the prevailing terms and conditions. We shall not be responsible or liable for any loss or damage of any kind incurred as a result.

Availability and Access to the Marketplace

cloudBuy will endeavour to make the Marketplace available but cannot guarantee that the Marketplace will operate continuously or without interruptions or be error free. Access to the Marketplace may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond cloudBuy’s control. We will not be liable to you or any third party if for any reason this Marketplace is unavailable at any time or for any period.

You must not attempt to interfere with the proper working of the Marketplace and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Marketplace, router or any other internet connected device.

Events Outside Our Control

Neither we nor any of our affiliates nor any Third Party will be liable or responsible for any failure by cloudBuy to perform, or delay in performance of, any of cloudBuy’s obligations under these terms and conditions or under any contract that is caused by events outside cloudBuy’s reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
(e) Impossibility of the use of public or private telecommunications networks
(f) The acts, decrees, legislation, regulations or restrictions of any government.

Performance under these terms and conditions or any contract is deemed to be suspended for the period that the Force Majeure Event continues, and will be subject to an extension of time for performance for the duration of that period. cloudBuy will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these terms and conditions or any Contract may be performed despite the Force Majeure Event.

Intellectual Property

You acknowledge that we own or have a licence to all intellectual property rights subsisting in this Marketplace and its content. For the avoidance of doubt, intellectual property rights mean any copyright, rights in software, rights in databases, patents and rights in inventions, trade marks, rights in domain names, designs, know-how, trade secrets and other rights in confidential information, in each case whether registered or unregistered including applications for registration and the right to apply for registration for any of the rights listed above that are capable of being registered anywhere in the world, and all other rights having equivalent or similar effect anywhere in the world. Nothing herein or otherwise shall be construed as an assignment or transfer of our rights in the intellectual property rights subsisting in this Marketplace and its content.

The Marketplace may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to our intellectual property rights or the intellectual property rights of any third party. You may not reproduce, copy, distribute, store or use any material or content from this Marketplace unless we have given you express written permission to do so.

Unless otherwise indicated all product images and descriptions are the intellectual property of the owners, manufacturers, retailers or distributors of such products or other Third Party.

You must not modify the paper or digital copies of any materials on our Marketplace that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You will fully and effectively indemnify us against any claims, demands, costs, professional fees and other expenses of any kind in relation to any breach by you of these terms and conditions.

Waiver

If we fail, at any time during the term of these terms and conditions, to insist upon strict performance of any of your obligations under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These terms and conditions and any document(s) expressly referred to in them represent the entire agreement between us regarding your use of the Marketplace and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

You acknowledge that, in using this Marketplace, you have not relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior, except as expressly stated in these terms and conditions.

Privacy

We are committed to protecting your privacy and to comply with applicable data protection and privacy laws. By agreeing to these Terms and Conditions, you are agreeing to our Privacy Policy and all amendments made subsequently to it.

Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.

Applicable Law and Jurisdiction

These Terms and Conditions and any documents referred to in them and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore.

The courts of Singapore will have exclusive jurisdiction over any dispute or claim arising out of or in connection with any access to or use of this Marketplace or these Terms and Conditions, although we expressly reserve the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.

General

We may assign or subcontract any or all of our rights and obligations under these Terms and Conditions.

If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them. All other Terms and Conditions will remain in force and their validity shall not be affected.