Happy Point Rewards - Terms of Use
IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE HAPPY POINT REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE HAPPY POINT REWARDS PROGRAM.
You agree that we, Secta9ine Co.,LTD, ("Happy Point", “we” or “our”) may provide updates, notices, disclosures and amendments to these Terms of Use, and other information relating to the Happy Point Rewards program by electronic means, including posting such information and materials online at https://happypointcard.com.sg.
These Terms of Use apply to your access to, and participation in, the Happy Point Rewards program in Singapore ("Happy Point Rewards"), which is operated by Secta9ine Co.,LTD.
Changes to Terms
- Happy Point reserves the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to Happy Point Rewards, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to https://happypointcard.com.sg , so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in Happy Point Rewards following any such changes or modifications confirms your acceptance of these Terms of Use and any such changes or modifications. If you do not agree to these Terms of Use, you must stop accessing and participating in Happy Point Rewards.
Personal Use
- Happy Point Rewards is intended for personal use only. Commercial use is prohibited. Happy Point Rewards is not targeted towards, nor intended for use by, anyone under the age of eighteen (18) years. If you are thirteen (13) years or older but under the age of eighteen (18) years, you should review these Terms of Use with your parent or guardian to make sure you and your parent or guardian understand and agree to these Terms of Use. Should your parent or guardian not agree to these Terms of Use, you must stop participating in Happy Point Rewards.
- Our Privacy Policy is incorporated into these Terms of Use and also governs your participation in Happy Point Rewards. Please read the Privacy Policy carefully to understand how Happy Point collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.
About Happy Point Rewards
- Happy Point Rewards is one way in which Happy Point endeavours to reward and thank loyal customers for patronising our business and purchasing Happy Point products. Happy Point Rewards members are able to earn and accumulate "Points" that can be redeemed for Happy Point Rewards benefits ("Rewards") at participating Happy Point stores in Singapore.
Joining Happy Point Rewards
- To enrol in Happy Point Rewards and receive program benefits, you will first need to create a Happy Point account by registering via https://happypointcard.com.sg or via Happy Point Singapore mobile application ("Application").
- The term “Happy Point Account” refers to a Happy Point account that may be created in Singapore only, via https://happypointcard.com.sg or through the Application. All Happy Point accounts are subject to the Happy Point Terms & Conditions which are incorporated into these Terms of Use.
- The Happy Point account registration process may require that you provide certain personal information using the online registration form, including: password, email address, birthday, name, physical address, mobile number, and marketing preferences. All Happy Point accounts activated in Singapore will be registered for use in Happy Point Rewards under these Terms of Use, but you may only have one (1) account personal to you.
Membership Tiers
- There are four (4) tiers of benefits in Happy Point Rewards which are determined by the number of Points that you accumulate in your account – Friend, Gold, VIP and Royal. The date on which you open the account will be your “Enrolment Date”.
Friend Tier
- By opening an account, you will be automatically enrolled in Happy Point Rewards at the Friend tier on the Enrolment Date.
Gold Tier
- If you earn at least three hundred (300) Points within the twelve (12)-month period following your Enrolment Date, you will qualify for the Gold tier. The date on which you first reach the Gold tier will be your Gold Anniversary Date.
- To maintain the Gold tier, you must earn at least three hundred (300) new Points during each consecutive twelve (12)-month period following the date you reached the Gold tier, that is, twelve (12) months following your Gold Anniversary Date (the “Gold Anniversary Period”). If you do not earn three hundred (300) Points within the Gold Anniversary Period, you will revert to the Friend tier of Happy Point Rewards.
VIP Tier
- If you earn at least seven hundred (700) Points within the twelve (12)-month period following your Enrolment Date, you will qualify for the VIP tier. The date on which you first reach the VIP tier will be your VIP Anniversary Date.
- To maintain the VIP tier, you must earn at least seven hundred (700) new Points during each consecutive twelve (12)-month period following the date you reached the VIP tier, that is, twelve (12) months following your VIP Anniversary Date (the “VIP Anniversary Period”). If you do not earn seven hundred (700) Points within the VIP Anniversary Period, you will be placed at the corresponding tier of Happy Point Rewards based on the number of Points accumulated within the VIP Anniversary Period.
Royal Tier
- If you earn at least one thousand and five hundred (1500) Points within the twelve (12)-month period following your Enrolment Date, you will qualify for the Royal tier. The date on which you first reach the Royal tier will be your Royal Anniversary Date.
- To maintain the Royal tier, you must earn at least one thousand and five hundred (1500) new Points during each consecutive twelve (12)-month period following the date you reached the Royal tier, that is, twelve (12) months following your Royal Anniversary Date (the “Royal Anniversary Period”). If you do not earn one thousand and five hundred (1500) Points within the Royal Anniversary Period, you will be placed at the corresponding tier of Happy Point Rewards based on the number of Points accumulated within the Royal Anniversary Period.
Earning Points
- Once you reach a specific tier within Happy Point Rewards, you will receive the benefits that are applicable to that tier only.
- Rewards are determined based on the amount of “spending” you make and the number of “Points” that you earn through your spending with your registered Happy Point Account at participating Happy Point affiliated stores in Singapore only. For every one (1) Singapore dollar nett spend in Singapore with your registered Happy Point account, you will receive one (1) “Point”, except during limited time promotions when Happy Point may offer “Bonus Points” on featured products and/or services. Note that Points may be earned in whole amounts rounded down to the nearest value of your purchase – for example: if you spend S$1.10, you will earn 1 Point.
- You can use your registered Happy Point Account to earn Points for your spending. Please note that spending will only be calculated and Points accumulated after the Happy Point Account is registered at https://happypointcard.com.sg or through the Application.
Exclusions to earning Points; Participating Stores Only
- You may not earn Points in connection with certain types of beta or promotional programs, or other forms of service recovery coupons. Points may be earned at participating, affiliated Happy Point stores only. Taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees, also may be excluded and ineligible for Points accrual.
Returns
- Your Points balance may be impacted by returns as follows:
- If you void a purchase, Happy Point will deduct the Points that you earned for that purchase, potentially resulting in a negative Point balance on your Happy Point Account.
Point Expiration
- Please note that “Points” accumulated for each level will only be valid during the twelve (12) month period from the date of the relevant Anniversary Date, that is, the relevant Anniversary Period. Upon expiry of the relevant Anniversary Period, your rewards tier for the subsequent Anniversary Period will be assigned to you based on the points earned during the previous Anniversary Period.
- For example: You create a Happy Point Account via https://happypointcard.com.sg or through the Application on 1 June 2022. You are therefore automatically enrolled into the Friend Level of Happy Point Rewards on 1 June 2022 and your spending with your registered Happy Point Account will only start to earn Points from your Enrolment Date of 1 June 2022.
- If you earn three hundred (300) Points on 15 December 2022, which will be your Gold Anniversary Date, you will be placed in the Gold tier and you will be entitled to Gold tier benefits.
- Your entitlement to the Gold tier Rewards will expire one (1) year from your Gold Anniversary Date, on 14 December 2023, which will be the end of your Gold Anniversary Period. Your Points balance will revert to zero on 15 December 2023.
- Notwithstanding that your points balance will revert to zero at the end of your Gold Anniversary Period, if you have accumulated three hundred (300) Points within the Gold Anniversary Period of 15 December 2022 to 14 December 2023, which is the required number of Points to maintain your Gold tier, you will continue to qualify for Gold tier and be entitled to the various Gold tier Rewards for the 12-month period after the expiry of the Gold Anniversary Period, that is, between 15 December 2023 and 14 December 2024.
Redeeming Points for In-app Vouchers
- Happy Point Rewards offers various in-app reward vouchers that are redeemable using accumulated Points. Note that Happy Point may adjust the items included in the Rewards Catalogue at any time in its sole discretion. Please note that all Points redemption for in-app vouchers are final and irreversible once processed.
Item Vouchers
- You can redeem multiple in-app item vouchers based on your accumulated Points. Redeemed item vouchers will be credited into your account. Item vouchers are subjected to terms and conditions as stated in the details for the redeemed item voucher.
Promotional Vouchers
- You can redeem multiple in-app promotional vouchers based on your accumulated Points. Redeemed promotional vouchers will be credited into your Happy Point Account. However, only one (1) promotional voucher can be applied within a single order. Promotional vouchers cannot be combined with any other discounts, offers or vouchers, unless otherwise expressly indicated by Happy Point. Promotional vouchers are subjected to terms and conditions as stated in the details for the redeemed promotional voucher.
Benefits of Happy Point Rewards
As a Happy Point Rewards member, you may be eligible for the following benefits.:
For Friend Tier Reward members (0-299 Points):
- Signup Reward. Upon successful registration of your Happy Point Account between 1 June 2022 to 30 June 2022, two (2) complimentary in-app menu item vouchers from participating, affiliated Happy Point stores will be credited into your Happy Point Account. The Signup Reward expires after one (1) month from the date of issuance.
For Gold Tier Reward members (300-699 Points):
- Brand Coupon Pack. Two (2) in-app reward vouchers from participating, affiliated Happy Point stores will be credited into your Happy Point Account within 1 hour upon accumulation of three hundred (300) Points. The in-app reward vouchers expire after six (6) months from the date of issuance.
For VIP Tier Reward members (700-1499 Points):
- Brand Coupon Pack. Two (2) in-app reward vouchers from participating, affiliated Happy Point stores will be credited into your Happy Point Account within 1 hour upon accumulation of seven hundred (700) Points. The in-app reward vouchers expire after six (6) months from the date of issuance.
- Birthday Reward. During your birthday month (as provided during the sign up of your Happy Point Account), two (2) complimentary in-app menu item vouchers will be credited into your Happy Point Account on the first day of your birthday month. Birthday Reward menu item vouchers expire on the last day of your birthday month. For the avoidance of doubt, Birthday Reward menu item vouchers cannot be combined with any other discounts, offers or vouchers, unless otherwise expressly indicated by Happy Point.
For Royal Tier Reward members (1500 and more):
- Brand Coupon Pack. Four (4) in-app reward vouchers from participating, affiliated Happy Point stores will be credited into Happy Point Account account within 1 hour upon accumulation of one thousand and five hundred (1500) Points. The in-app reward vouchers expire after six (6) months from the date of issuance.
- Birthday Reward. During your birthday month (as provided during the sign up of your Happy Point Account), four (4) complimentary in-app menu item vouchers will be credited into your Happy Point Account on the first day of your birthday month. Birthday Reward menu item vouchers expire on the last day of your birthday month.
- Happy Point reserves the right to change or suspend the number and type of benefits offered to members of Happy Point Rewards in its sole discretion at any time.
Other Important Information You Should Know
- These Terms of Use complement and incorporate by reference the Happy Point Terms & Conditions. In the event of any conflict between the Happy Point Terms & Conditions and these Terms of Use, the Happy Point Terms & Conditions will prevail.
- There are no participation or membership fees associated with Happy Point Rewards. Points accrued in connection with Happy Point Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Points accrued in connection with Happy Point Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Happy Point.
- Your Points, Rewards, and Happy Point Account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Happy Point Account that is personal to you.
- Without notice to you, Happy Point reserves the right to suspend any Happy Point Account and/or terminate your Happy Point Account and/or your participation in Happy Point Rewards if Happy Point determines, in its sole discretion, that you have violated these Terms of Use or that the use of your Happy Point Account is unauthorised, deceptive, fraudulent or otherwise unlawful. Happy Point may, in its sole discretion, suspend, cancel or combine Happy Point Accounts that appear to be duplicative. In the event that your participation in Happy Point Rewards is terminated, all accrued Points in your Happy Point Account will be void.
- Without notice to you, Happy Point also reserves the right to deregister / deactivate and make ineligible for Happy Point Rewards any Happy Point Account that has been inactive for three (3) consecutive years. Inactivity is defined as no Points earned during such three (3) consecutive year periods. In the event that your Happy Point Account is deregistered / deactivated or rendered inactive for whatsoever reason, all accrued Points in your Happy Point Account will be void.
- Happy Point reserves the right to change, modify, discontinue or cancel Happy Point Rewards or any part of the Happy Point Rewards program, at any time and in its sole discretion, without notice to you.
Deletion of Happy Point Account
- You may request to delete your Happy Point Account at any time via the account deletion process provided for on the Application.
- Once you delete your Happy Point Account, all content associated with your Happy Point Account, including your account history, accumulated Points and other Reward benefits will be deleted, and you will lose your right to access or use your Happy Point Account. All account deletion requests are final and irreversible once processed.
- Upon deletion of your Happy Point Account, you will not be allowed to sign up for a new Happy Point Account within three (3) months from the date of deletion. In the event you sign up for a new Happy Point Account, you will be automatically enrolled in Happy Point Rewards at the Friend tier on the new Enrolment Date.
- For the avoidance of doubt, the deletion of your Happy Point Account will not affect any rights that Happy Point may have accrued against you prior to your deletion.
Governing Law and Jurisdiction
- Access to and use of the Happy Point Rewards and these Terms of Use are governed by the laws of Singapore, without resort to conflict of law provisions.
- Any dispute arising out of or in connection with these Terms of Use, including any questions relating to your access to, or use of, the Happy Point Rewards or these Terms of Use, shall at Happy Point’s sole discretion, either (1) be submitted to the Courts of Singapore, or (2) be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the “SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
- You and Happy Point agree to submit to the jurisdiction of the choice of appropriate dispute resolution forum elected by Happy Point, and will agree that the choice exercised by Happy Point in its sole discretion shall be the proper venue for the resolution of any disputes.
- Should Happy Point opt to submit the dispute to the SIAC, the language of the arbitration shall be English, and the seat and location of the arbitration shall be in Singapore. The Tribunal shall consist of one arbitrator, and the arbitration award shall be final and binding on both you and Happy Point.
Severability
- If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
Happy Point Website - Terms of Use
IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
- These Terms of Use apply to your access to, and use of, all or part of any website or mobile application of ("Happy Point"), including https://happypointcard.com.sg/, and any other site, the Happy Point Singapore Mobile Application (the “Application”) or online service where these Terms of Use are posted or incorporated by reference (collectively, the "Sites"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Happy Point or its affiliated companies for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify you and Happy Point for violations of these Terms of Use. These Terms of Use contain disclaimers and other provisions that limit our liability to you.
- In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Sites, these Terms of Use will prevail. However, if you navigate away from the Sites to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such an event, the terms and conditions of use applicable to that site will govern your use of that site.
- While we make reasonable efforts to provide accurate and timely information about Happy Point and its affiliates on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about Happy Point and its affiliates.
- Happy Point reserves the right to change or modify these Terms of Use or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Sites. If you do not agree to the amended terms, you must stop using the Sites.
Eligibility, Registration and Account
- The Sites are not targeted towards, nor intended for use by, anyone under the age of eighteen (18). If you are thirteen (13) years or older but under the age of eighteen (18) years, you should review these Terms of Use with your parent or guardian to make sure you and your parent or guardian understand and agree to these Terms of Use. Should your parent or guardian not agree to these Terms of Use, you must stop the use of these Sites.
- In order to participate in certain areas of our Sites, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Happy Point if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Privacy
- Please read the Privacy Policy carefully to understand how the Happy Point Group collects, uses and discloses personally identifiable information from users of the Sites.
Happy Point Rewards Program
- In order to participate in our loyalty program, the Happy Point Rewards program, you will need to register for a Happy Point account via https://happypointcard.com.sg or via the Application. Please refer to the Happy Point Rewards Program Terms of Use for more information about the terms, conditions and policies that apply to your participation in the Happy Point Rewards program.
Site Disclaimer
- The materials and information on the Sites may include technical inaccuracies or typographical errors. The materials, information and services on the Sites are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, Happy Point disclaims all warranties and conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose or need, accuracy, title and non-infringement as to the Sites and the information, content and materials contained therein, or that the use of the Sites is on an uninterrupted basis or is in compliance with laws applicable to users, or that information about users transmitted in connection with the Sites will be successfully, accurately or securely transmitted.
Copyright and Limited License
- Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the Happy Point logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Happy Point or its licensors and are protected by Singapore and international copyright laws.
- You are granted a limited, non-sublicensable license to access and use the Sites and Site Materials for personal and informational purposes only. Such license is subject to the Terms of Use and does not include: (a) any resale or commercial use of the Sites or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or Site Materials other than as specifically authorized herein, without the prior written permission of Happy Point, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
Copyright Claim
- If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such alleged infringement with Happy Point by sending an e-mail to support@happypointcard.com.sg.
- In the notification, you should identify the URL containing the materials that you believe to infringe a copyright you own or control and should also provide the sufficient supporting materials to show that you own or control the copyright on which basis you submit the notification. If you are authorized by the owner of the copyright to submit the notification, you should also provide the sufficient supporting materials to show such authorization. Happy Point reserves the right to require you to provide additional supporting materials as we consider appropriate in our sole discretion. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
- Happy Point has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Happy Point may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Trademark Information
- Happy Point and the Happy Point logo are registered trademarks of Happy Point. All other Happy Point trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Sites are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of Happy Point or its affiliates or licensors. Other product or company names referred to on the Sites may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Happy Point or our affiliated companies or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin. You may contact Happy Point by sending an e-mail to support@happypointcard.com.sg to request written permission to use trademarks, indicia of origin and materials on the Sites for purposes other than stated in these Terms of Use or for all other questions relating to the Sites. All rights not expressly granted are reserved.
Restrictions on Use
- The Sites may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Sites ("User Content"). By using the Sites, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
- Unless specifically requested by Happy Point, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, personal identification numbers, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, sexually explicit, suggestive, harassing, threatening, violent, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and/or publish such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
- Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
- User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;
- Viruses, spyware, Trojan horses, easter eggs or any other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Happy Point, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or which damages the image or rights of Happy Point, other users or third parties.
- Happy Point does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Happy Point liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.
- If you become aware of User Content that you believe violates these Terms of Use, you may report it by sending an e-mail to support@happypointcard.com.sg. Enforcement of these Terms of Use, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms of Use in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms of Use. Happy Point reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.
- If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content.
License to User Content
- You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content or otherwise have the right to grant the rights to Happy Point that you grant herein. Happy Point claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Sites, you grant Happy Point, its affiliates and designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with such use of your User Content. By posting User Content, you hereby release Happy Point, its affiliates and designees and their employees, directors, officers and agents from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
Submission of Ideas
- Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Happy Point, our Sites and our products (collectively, "Ideas"). Ideas, whether posted to the Sites or provided to Happy Point by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. Happy Point shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.
Links
- You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for non-commercial purposes, provided such links do not portray Happy Point in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Happy Point' logo or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Happy Point trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Happy Point or any third party.
- Happy Point makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Sites. Such sites are not under the control of Happy Point and Happy Point is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Happy Point and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Happy Point of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.
Third Party Content
- Happy Point may provide third party content on the Sites and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Happy Point is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk.
Advertisements and Promotions; Third-Party Products and Services
- Happy Point may display advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Happy Point is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Happy Point advertisers or third party information on the Sites.
Limitation on Liability
- To the fullest extent permitted under applicable law, in no event shall Secta9ine Co. LTD, its parent and other affiliated companies (collectively, the “Happy Point Group”), and the Happy Point Group’s employees, officers, directors, contractors, service providers, advisers and consultants (A) be liable to you with respect to the use of or inability to use the sites, the content or the materials contained in or accessed through the Sites (including without limitation any damages caused by or resulting from reliance by you on any information obtained from Happy Point and its affiliates and their designees); or (B) be liable to you for any direct losses, damages for loss of goodwill, loss of income, lost profits, loss, theft or corruption of user information, the inability to use the sites or any of its features or device failure or malfunction, indirect losses, special, incidental, consequential, punitive or exemplary damages.
- Happy Point does not guarantee that the functions contained in the Sites will be uninterrupted or error-free, that the Sites or its server will be free of viruses or other harmful components, or that defects will be corrected even if Happy Point is aware of them.
Indemnification
- You agree to defend, indemnify and hold harmless the Happy Point Group and the Happy Point Group’s affiliates and independent contractors, service providers and consultants, and their respective officers, directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any User Content or Ideas you provide; (c) your violation of these Terms of Use; (d) your violation of any rights of another; or (e) your conduct in connection with the Sites.
Modifications to the Sites
- Happy Point reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice to you. You agree that Happy Point will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
Jurisdiction and Compliance with Laws
- Access to and use of the Sites and these Terms of Use are governed by the laws of Singapore, without resort to conflict of law provisions.
- Any dispute arising out of or in connection with these Terms of Use, including any questions relating to your access to, or use of, the Sites or these Terms of Use, shall at Happy Point’s sole discretion, either (1) be submitted to the Courts of Singapore, or (2) be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the “SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
- You and Happy Point agree to submit to the jurisdiction of the choice of appropriate dispute resolution forum elected by Happy Point, and will agree that the choice exercised by Happy Point in its sole discretion shall be the proper venue for the resolution of any disputes.
- Should Happy Point opt to submit the dispute to the SIAC, the language of the arbitration shall be English, and the seat and location of the arbitration shall be in Singapore. The Tribunal shall consist of one arbitrator, and the arbitration award shall be final and binding on both you and Happy Point.
Termination
- Notwithstanding any of these Terms of Use, Happy Point reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and your account and to block or prevent your future access to, and use of, the Sites. For the avoidance of doubt, such termination is without prejudice to the rights of Happy Point accrued against you prior to termination.
Severability
- If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Happy Point Mobile Apps - Terms of Use
IMPORTANT: USE OF THIS HAPPY POINT SINGAPORE MOBILE APPLICATION ("APPLICATION") CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE ("TERMS"), WHICH TERMS MAY BE REVISED BY HAPPY POINT FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”) AND SECTA9INE CO.,LTD ("HAPPY POINT") GOVERNING THE USE OF THIS APPLICATION. BY DOWNLOADING, INSTALLING, OR ACCESSING THIS APPLICATION, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS USER SHOULD NOT USE AND SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY.
Eligibility
- This Application may only be used by individuals aged eighteen (18) years or older. If the User is thirteen (13) years or older but under the age of eighteen (18) years, User should review these Terms with User’s parent or guardian to make sure the User and User’s parent or guardian understand and agree to these Terms. Should the User’s parent or guardian not agree to these Terms, User must immediately uninstall the Application and discontinue its use.
- In order to use certain functions of this Application, User will need to register for an account. User agrees to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating such account; (c) maintain and promptly update such account information; (d) follow the guidance provided by Happy Point from time to time (including, but not limited to, through the Happy Point website and/or the Application) in designating a password (the "Password") when creating the account (User may change the Password at any time, but any change shall be effective only if accepted by Happy Point); (e) maintain the security of such account by not sharing the Password with others and restricting access to the account and User’s Device (as defined below) on which the Application is installed; (f) promptly notify Happy Point if User discovers or otherwise suspects any security breaches relating to the Application; and (g) take responsibility for all activities that occur under the account and accept all risks of unauthorized access.
Apple and Google Terms and Conditions; Happy Point Policies
- These Terms supplement and incorporate (a) in case the Application is distributed through Apple, Inc.’s (“Apple”) system, Apple’s Terms and Conditions (located at https://www.apple.com/legal/itunes/us/terms.html#service) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and (b) in case the Application is distributed through Google Inc’s (“Google”) system, Google Play Terms of Service (located at http://play.google.com/about/play-terms.html) (“Google Terms”); and (c) other Happy Point policies (“Happy Point Policies”), including but not limited to, the terms of use for the Happy Point Website (as defined below), and the Happy Point Rewards Program (Singapore), the Happy Point Privacy Policy, and any other policies which Happy Point may issue from time to time, posted at www.happypointcard.com.sg (“Happy Point Website”). If any of the provisions of the Apple Terms, Google Terms or any applicable Happy Point Policies conflict with these Terms, these Terms will prevail, solely to the extent such terms apply to the Application.
User License
- Subject to these Terms, Happy Point grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal and/or non-commercial use only on selected iOS or Android device (each a “Device”) owned or controlled by User as permitted by the Apple Terms or the Google Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application (“Content”) including these Terms is prohibited. These Terms and the User License also govern any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
- Any and all rights in the Application are and shall remain the exclusive property of Happy Point. Nothing in these Terms intends to transfer any such rights to, or to vest any such rights in, the User. Users are only entitled to the limited use of the Application granted to Users under these Terms. Happy Point reserves all rights not expressly granted under these Terms.
- The User is responsible for any costs associated with downloading, installing, accessing and/or using the Application which may depend and vary on the terms and conditions of the User’s own mobile device service provider.
- Happy Point may, at any time and without giving notice to the User, make changes, corrections and/or improvements to the Application, stop providing the Application or features of the Application to any Users, or create usage limits for the Application.
- Happy Point reserves the right to charge for the Application or the service(s) provided to User in accordance with these Terms (but Happy Point will give Users the opportunity to decide whether or not to continue to use the Application / such service(s) and accept such charges).
- These Terms are effective until terminated. User may terminate these Terms at any time by uninstalling the Application and destroying all copies of the Application in his/her possession.
- Happy Point may suspend or terminate these Terms at any time by giving User reasonable prior notice. Happy Point need not, however, give User any notice where Happy Point has serious grounds for considering that immediate termination is required (e.g. if Happy Point reasonably suspects fraudulent or unauthorized use of the Application).
- Upon any termination, User agrees to uninstall the Application immediately and destroy all copies of the Application, any accompanying documentation, and all other associated materials. Happy Point reserves the right to terminate these Terms at any time if User is in breach of any of the provisions of these Terms. For the avoidance of doubt, the termination of these Terms under Clause 9 and Clause 10 is without prejudice to the rights of Happy Point accrued against the User prior to termination.
Email Communications, Text Communications and Push Notifications
- If a User signs up for a Happy Point Account using the Application, the User will be given the opportunity to opt-in or opt-out to receive promotional email communications from Happy Point ("Email Communications"). Thereafter, the User may opt-in or opt-out of receiving Email Communications at any time by adjusting the User’s profile settings in the User’s Happy Point Account via https://happypointcard.com.sg.
- Similarly, upon download of this Application, the User is provided the option to opt-in or to opt-out of receiving push notifications from Happy Point on their Device and within the Application. This may include promotional communications, offers, and system messages pushed to the Device or within the Application mailbox ("Push Notifications"). The User may, at any time following the download of this Application, opt-in or opt-out of receiving Push Notifications by adjusting the "Happy Point Notifications" switch within the Application settings to "off" (or specifically opt-out of receiving other forms of notifications via email, sms and/or mail), or within the Device’s settings application under "Notifications" to completely opt-out of Push Notifications. Opting out of Push Notifications will not affect User settings with respect to email, sms and/or mail communications.
- The sending of communications and Push Notifications is described further in, and will be governed by, the Happy Point Privacy Policy (for details of the Happy Point Privacy Policy, please check the Happy Point website at https://happypointcard.com.sg).
User Information
- Some functionalities of the Application, redemption of Happy Point Rewards (“Rewards Redemption”) and location based services and functionality, may require the transmission of information provided by the User including but not limited to user names and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), the International Mobile Equipment identity number accessed in the User’s Device, phone-book information, information related to a Happy Point or GPS location (“User Information”). In order to use certain Application functionality, such as and location-based services and technology, the User must either: (a) enable "location services" in the Application; and/or (b) set the permissions in his/her mobile device to allow communication of such information. If the User uses such Application functionality, the User consents to the transmission of User Information to Happy Point, its agents and/or service providers and authorizes Happy Point, its agents and/or service providers to record, process and store such User Information as necessary for the Application functionality and for purposes described in and in accordance with the Happy Point Privacy Policy (located at https://happypointcard.com.sg/).
- The User is solely responsible for the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Application, for all transactions and other activities undertaken with any Happy Point Account registered in the User’s name or in relation to redemption of Happy Point Reward Vouchers, whether authorized or unauthorized. The User agrees to immediately notify Happy Point of any unauthorized transactions associated with the Application (including redemption of rewards) or any other breach of security. Happy Point shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Application.
Unacceptable Use
- Use by the User of the Application and any Content and any User Information transmitted in connection with the Application is limited to the contemplated functionality. The User agrees that his / her use of the Application and any Content must comply with these Terms and the Happy Point Policies. In no event may the Application be used (whether by the User or a third party allowed by the User) in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access the Application, Happy Point Website or Content that is not authorized by Happy Point; (d) uses or launches any automated system, including without limitation, "robots", "spiders", or "offline readers", to access the Application, Happy Point Website or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Happy Point computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair Happy Point servers or networks; (j) impersonates any person or entity or otherwise misrepresents User’s identity or affiliation with another person or entity; (k) fails to comply with applicable third party terms; (l) makes and/or distribute copies of the Application; (m) attempts to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (n) creates derivative works of the Application of any kind whatsoever (collectively "Unacceptable Use"). Happy Point reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in Rewards Redemption, remove Content or assert legal action with respect to Content or use of the Application, including Rewards Redemption that Happy Point reasonably believes is or might be in violation of these terms of Unacceptable Use and/or Happy Point Policies including the Happy Point Reward Terms of Use and Agreement. Happy Point’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms. User agrees not to use the Application while driving, including, but not limited to, checking store locations through the application.
Deletion of User’s account on Application
- Without prejudice to Happy Point’s right to terminate the User’s use of the Application, User may, at any point in time, request to delete their Happy Point Account associated with the Application via the account deletion process provided for on the Application.
- Upon User’s deletion of their Happy Point Account, all content associated with the User’s account, including User’s account history and accumulated Points and reward benefits associated with Happy Point Rewards will be deleted, and the User will lose their right to access or use their account. All account deletion requests are final and irreversible once processed.
- For the avoidance of doubt, the deletion of User’s Happy Point Account will not affect any rights that Happy Point may have accrued against User prior to your deletion.
Indemnification
- At Happy Point’s request, the User agrees to defend, indemnify, and hold harmless Secta9ine Co., LTD, its parent and other affiliated companies (collectively, the “Happy Point Group”), and the Happy Point Group’s employees, officers, directors, contractors, service providers, advisers and consultants from and against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities and/or expenses (direct and/or indirect, and including legal fees on a full indemnity basis) that arise from or is in connection with the User’s use or misuse of the Application (including Rewards Redemption), violation of these Terms or violation of any rights of a third party. Happy Point reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. In the event of any third-party claim that the Application or User’s possession and use of the Application infringes that third party’s intellectual property right, the Happy Point Group, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
No Warranties
- Happy Point is providing the Application to the User "as is" and the User is using the Application at his/her own risk. To the fullest extent permitted under applicable law, Happy Point disclaims all representations and warranties, whether express or implied by statute, common law, trade usage, or otherwise, including any warranties that the application is merchantable, or reliable, or accurate, or fit for a particular purpose or need, or of satisfactory quality, or non-infringing or free of defects, viruses or errors, or able to operate on an interrupted basis, or that the use of the Application by the User is in compliance with laws applicable to the User, or that User Information and related data transmitted in connection with the application (included as part of rewards redemption) will be successfully, accurately or securely transmitted or received.
- Happy Point will use reasonable efforts to make the Application available at all times. However, User acknowledges that the Application is provided over the Internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Happy Point’ reasonable control. Happy Point does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
No Liability
- To the fullest extent permitted under applicable law, in no event shall the Happy Point Group and the Happy Point Group’s employees, officers, directors, contractors, service providers, advisers and consultants (a) be liable to the User with respect to use of the Application, including without limitation participation in Rewards Redemption; and (b) be liable to the User for any direct losses, damages for loss of goodwill, loss of income, lost profits, loss, theft or corruption of user information, the inability to use the application of any of its features of device failure of malfunction, indirect losses, special, incidental, consequential, punitive or exemplary damages.
- User's sole remedy is to cease the use of the Application or to cease participation in rewards redemption. To the fullest extent permitted under applicable law, in no event (but subject to the maximum extent permitted by applicable law) shall the aggregate liability of the Happy Point Group whether in contract, tort (including negligence), strict liability or otherwise, arising out of or in connection with the use of or inability to use the Application exceed any compensation that the User pays, if any, to Happy Point for access to or use of the Application during the six months period immediately prior to the event giving rise to such liability. Notwithstanding anything to the contrary in these terms, nothing in these terms shall exclude or restrict the Happy Point Group’s liability for death or personal injury resulting from their negligence.
Marks, Application and Content
- “Happy Point”, the Happy Point logo, and other Happy Point trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of Happy Point (collectively “Happy Point Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”). The Happy Point Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Happy Point or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary and intellectual property rights, and also may have security components that protect digital information only as authorized by Happy Point or the owner of the Content.
Third Party Content, Applications, Products and Services (including Advertising and Promotions)
- Happy Point may provide third party content in the Application (including embedded content) or links to third party content, applications, products and services, including advertisements and promotions (collectively, "Third Party Content") as a service to those interested in this information. Happy Point does not control, endorse or adopt any Third Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Happy Point of any application or any information contained therein, and can make no guarantee as to its accuracy or completeness. User acknowledges and agrees that Happy Point is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. User agrees to use such Third Party Content contained therein at User’s own risk. When User uses other applications via Third Party Content, or participates in promotions or business dealings with third parties, User should understand that Happy Point’ terms and policies no longer govern, and that the terms and policies of those third party applications will now apply. User should review the applicable terms and policies, including privacy and data gathering practices, of any application to which User navigates from the Application.
Governing Law and Jurisdiction
- Access to and use of the Application and these Terms are governed by the laws of Singapore, without resort to conflict of law provisions.
- Any dispute arising out of or in connection with these Terms, including any questions relating to User’s access to, or use of, the Application or these Terms, shall at Happy Point’s sole discretion, either (1) be submitted to the Courts of Singapore, or (2) be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the “SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
- Usrt and Happy Point agree to submit to the jurisdiction of the choice of appropriate dispute resolution forum elected by Happy Point, and will agree that the choice exercised by Happy Point in its sole discretion shall be the proper venue for the resolution of any disputes.
- Should Happy Point opt to submit the dispute to the SIAC, the language of the arbitration shall be English, and the seat and location of the arbitration shall be in Singapore. The Tribunal shall consist of one arbitrator, and the arbitration award shall be final and binding on both User and Happy Point.
Changes
- Happy Point reserves the right to change or modify these Terms or any other Happy Point Policies in connection with or relating to the use of the Application at any time and at its sole discretion by posting revisions on the Happy Point Website. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
Assignment
- Happy Point may transfer all or part of these Terms without such transfer being considered a change to these Terms, by giving notice to the User. The company or other entity to which Happy Point transfers these Terms will have the same rights and obligations as Happy Point did before the transfer and Happy Point will ensure that such company/entity agrees in writing to be bound by the terms and conditions of these Terms so that User’s rights under these Terms are not detrimentally affected and Happy Point will then be released from all liability.
Entire Agreement; Construction
- These Terms are the complete and exclusive statement of agreement between User and Happy Point, and supersedes all prior proposals and all other agreements in respect of the subject matter of this agreement. If any provision of these Terms is illegal or unenforceable, such provision will be deleted from these Terms, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect the interpretation of these Terms. Happy Point’s failure to exercise or to enforce any right or provision of these Terms will not constitute a waiver of such right or provision, and any waiver of any provision of these Terms will be effective only if in writing and signed by Happy Point.
Third Party Rights
- These Terms do not create any right under the Contracts (Rights of Third Parties) Act, and are not enforceable and not intended to be enforceable by any person who is not a party to it.