Terms of Use
Important Please read these terms carefully
By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with (a) the Terms of Use (as defined below) and (b) our Service Terms (as defined below) which set out specific conditions relating to the use of the Service. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use and wish to discontinue using the Service or the Website (www.touuchpt.com), please do not continue using or accessing the Website or the Service.
The Terms of Use and our Service Terms as stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between You (“User”) and Sushmorre Pte Ltd (Company No. 20170059K) (“Sushmorre”, the “Company”). In order to use the Service, you must agree to the Terms of Use that are set out below.
By accessing or using the Website or Service, you hereby acknowledge that the Service is made available under the brand TOUUCHPT (Trademark No. 4020161432V), which is operated by Sushmorre.
Modification of Terms
Sushmorre reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and/or amendments to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at (http://www.touuchpt.com?open=terms-and-conditions). You agree that it shall be your responsibility to review the Terms of Use regularly. The continued use of the Service after any such changes, regardless of whether changes are reviewed by You, shall constitute your consent and acceptance to such changes.
Key Terms
“Craftsmen” means independent third party jewellery craftsmen and/or independent third party jewellery businesses.
“Jewellery Repair” means jewellery repair and/or maintenance services.
“Content” means all content on the Website, including but not limited to any graphics, text, audio, images, video, data compilations, software, page layout, underlying code, user-generated content and any information capable of being stored in a computer.
“Personal Data” means information about you, from which you can be identified, including but not limited to your name, nationality, address, contact number, email address, any information about you which you have provided to Sushmorre in Service Request forms or any other forms and/or any information about you that has been or may be collected, stored, used and processed by Sushmorre from time to time.
“User Provided Content” means any information and material about your jewellery and Service request(s) submitted, transmitted, uploaded on or through the Website and Communication Channels, including but not limited to image, photograph, picture, record, film, voice, video.
“Communication Channels” means method of communication with you, including but not limited to messaging application(s), email, telephone, short message service (SMS).
The Service
The Website operated by Sushmorre enables person(s) to access and to use Jewellery Repair services that are provided by Craftsmen. Sushmorre receives the jewellery from you and Sushmorre assigns the Craftsmen with the relevant skillsets to perform the technical work of Jewellery Repair. Craftsmen are independent third party service providers and NOT employees of Sushmorre. Sushmorre does not perform technical Jewellery Repair work and DOES NOT employ individuals on our permanent payroll to perform technical Jewellery Repair work. You hereby acknowledge that Sushmorre has limited control over the technical Jewellery Repair work performed by Craftsmen.
Representations and Warranties
By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever or lack the capacity to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your your own sole, personal use. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your access to the Service.
By using the Website and/or the Service, you acknowledge and agree that:
• You will only use the Website and/or the Service for lawful purposes;
• You will only use the Website and/or the Service for the purpose for which it is intended to be used;
• You will not use the Website and/or the Service in any manner that can damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website/Service;
• You will not use the Website and/or the Service to cause a nuisance or behave in an inappropriate or disrespectful manner towards Sushmorre, as well as its subsidiaries, affiliates, officers, agents and other partners and employees, regardless of any misgivings that you may have against Sushmorre;
• You will not, in any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Website information or Content including but not limited to, use on a mirrored, competitive, or third-party site;
• You will not take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Website, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
• You agree that the Service is provided on a reasonable effort basis; and
• You agree that your use of the Service will be subject to Sushmorre’s Privacy Policy as may be amended from time to time.
You agree to assume full responsibility and liability for all loss and/or damage suffered by yourself, Sushmorre or any other third party as a result of the Terms of Use.
Service Terms
Provision of Service
Sushmorre DOES NOT guarantee that we can repair and/or maintain all kinds of jewellery. Sushmorre reserves the right to reject any Service Request(s) by you at any stage of the evaluation process.
All articles that are antique, irreplaceable, fragile, of a brittle nature, or susceptible to damage from light, heat, moisture, or cause by an inherent condition are accepted on condition that the customer accepts all risks with respect to any services requested to be performed.
Sushmorre assumes no liability or responsibility for (1) any difference in the weight of the jewellery before and after Jewellery Repair (2) any parts of the jewellery removed during Jewellery Repair process (3) any inscriptions and/or engravings on your jewellery.
Sushmorre, as well as its subsidiaries, affiliates, officers, agents and other partners, Craftsmen and employees, assumes no responsibility for (1) any damage to your jewellery during the process of Jewellery Repair, (2) any discrepancy to the condition and/or identification of jewellery and/or gemstones. To the extent that the foregoing limitation of liability is prohibited or fails of its essential purpose, Sushmorre’s liability is LIMITED to the cost of Jewellery Repair paid by and/or due from you, WILL NOT EXCEED Singapore Dollars (SGD) $200, whichever is less. Sushmorre assumes no responsibility for loss or theft unless said loss is due to our gross negligence. Any loss, damage or theft resulting from our gross negligence will be LIMITED to a maximum of Singapore Dollars (SGD) $200.
Cost of Service
An estimated cost of Service and time taken to complete Jewellery Repair will be provided to you based on images and Service request details sent by you to Sushmorre. By accepting the estimates, you acknowledge that the final cost of Jewellery Repair and turnaround time to complete Jewellery Repair may differ from the initial estimates provided to you.
Sushmorre will only be able to inform you the final cost of Jewellery Repair and turnaround time to complete Jewellery Repair after Sushmorre has performed physical evaluation of your jewellery. Sushmorre assumes no liability and penalty should the turnaround time to complete Jewellery Repair require more working days than the agreed upon period for completion.
You will be informed of final cost of Service via email and/or via other Communication Channels as consented by you. Sushmorre will not commence any technical Jewellery Repair work unless you have ACKNOWLEDGED and CONFIRMED your ACCEPTANCE of final cost of Jewellery Repair and turnaround time to complete Jewellery Repair. Sushmorre will not entertain any disputes by you on final cost of Jewellery Repair and turnaround time to complete Jewellery Repair after you have acknowledged and confirmed your acceptance.
We will honour the final price for Jewellery Repair and turnaround time to complete Jewellery Repair for 3 working days. If you decide to decline Service, Sushmorre will return your jewellery to you.
Amendment or Cancellation of Service
You must inform Sushmorre of any amendments, changes or cancellations to your Jewellery Repair requests BEFORE technical Jewellery Repair work starts. It is your responsibility to check and to confirm with Sushmorre, to determine whether Craftsmen have already started working on your jewellery. Should you fail to do so, Sushmorre reserves the right to impose additional charges and/or the final cost of Jewellery Repair that was accepted by you on you.
If technical Jewellery Repair work has already started or Craftsmen have commenced work on your jewellery, Sushmorre reserves the right to impose additional charges and/or the final cost of Jewellery Repair that was accepted by you on you.
Handover of Jewellery back to you
Sushmorre will contact, inform you once Jewellery Repair is completed. Sushmorre is not responsible for your jewellery if you fail to give instructions to Sushmorre for jewellery to be picked up by you or delivered to you after 60 days, with the first day being the day when Sushmorre informs you that Jewellery Repair is completed.
If you are not satisfied with quality of Jewellery Repair, you must contact Sushmorre within 5 working days, with the first day being the day you receive your jewellery back from Sushmorre. Unless if the cause of dissatisfaction is due to Sushmorre’s negligence, you are responsible for any additional charges incurred for subsequent Jewellery Repair work done for your jewellery.
Payment
All payments for Service are in Singapore Dollars(SGD) and non-refundable.
Sushmorre will not entertain any disputes by you on the final cost of Jewellery Repair after you have ACKNOWLEDGED and CONFIRMED your ACCEPTANCE of the final cost of Jewellery Repair. By your acknowledgment, confirmation and acceptance of the final cost of Jewellery Repair, you agree and are obligated to pay the full amount for the Service, to Sushmorre when your jewellery is returned to you.
All payments must be made before or when the jewellery is returned to you by methods such as but not limited to CASH or where available by such other methods made available by Sushmorre.
No cheques are accepted.
Intellectual Property
Sushmorre shall own all right, title and interest, including all related intellectual property right, in and to the Website and the Service any suggestions, ideas, requests, feedback, recommendations, Content, User Provided Content or any other information provided by you or any other party relating to the Service.
By continuing to use this Website and/or the Service, you agree that nothing in this Website and/or the Service shall be construed as you any rights of ownership in or related to the Website and/or the Service. The Company’s name, Sushmorre, the Service, the Website, the brand names, logos and the product names associated with the Website and/or the Service are all the property of Sushmorre.
Personal Data
By using the Website and/or Service, you agree and consent to Sushmorre, its subsidiaries and any of its affiliate companies to collect, process, use and disclose your Personal Data to:
• Engage you to provide the Service;
• Process, manage and/or verify your request(s) for the Service pursuant to the Terms of Use herein;
• Develop, improve and further the provision of features of the Service; and
• Do testing, research, analysis and product development to provide new services, products and features;
and as further described in our Privacy Policy.
User Provided Content
By making available any User Provided Content on or through the Website or through Communication Channels, you hereby agree to grant Sushmorre and its subsidiaries, affiliates, a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free right, with the right to use, copy, adapt, modify, publicly display, transmit, stream, broadcast, access, view, and otherwise exploit such User Provided Content on, through, by means of or to promote, market or advertise, including but not limited to the Website, the Service and Sushmorre, or for any other purposes in our sole discretion.
Use of Communication Channels
By using the Website and/or Service, you acknowledge and agree for Sushmorre to communicate with you via our Communication Channels AND that, all instructions, requests, materials and information that are, received from you to Sushmorre and/or transpired to you from Sushmorre are BINDING.
Links to Third Party Websites
The Website and some of the articles on the Website may contain links (such as hyperlinks) to other Third Party Websites. Sushmorre does not endorse any applications or sites on the Internet that are linked through the Service, and/or Website. Sushmorre is not responsible for any content, products, services or other materials on or available from such sites or third party providers.
Sushmorre is not responsible for any loss, injury, claim, liability, or damage ("Loss") related to your use of any website linked to the Third Party Websites including if this Loss (i) arises from errors or omissions in the content of any Third Party Website, or (ii) is as a result of any Third Party Website being down or (iii) arises from any other use of any Third Party Website.
Your use of any Third Party Website is at your own risk. You should contact the site administrator for the applicable Third Party Website if you have any concerns regarding such links or the content in any of these Third Party Websites.
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT AND AGREE THAT YOUR USE OF THE WEBSITE, THE SERVICE, COMMUNICATION CHANNELS, CONTENT AND/OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE SHALL BE SOLELY AT YOUR OWN RISK. THE WEBSITE, THE SERVICE, COMMUNICATION CHANNELS, CONTENT AND/OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF (1) THE SERVICE AND (2) ANY INFORMATION OR MATERIAL CONTAINED, PRESENTED, TRANSMITTED OR TRANSPIRED ON THE WEBSITE AND/OR COMMUNICATION CHANNELS.
SUSHMORRE DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT (1) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, AVAILABLE AND/OR MEET YOUR REQUIREMENTS OR EXPECTATIONS, (2) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (3) THE USE OF WEBSITE AND/OR COMMUNICATION CHANNELS WILL BE SECURE, TIMELY, UNINTERRUPTED, AVAILABLE OR ERROR-FREE, (4) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, (5) THE WEBSITE, THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE AND/OR ALL COMMUNICATION CHANNELS WITH YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.
Limitation of Liability
IN NO EVENT WILL SUSHMORRE, ITS AFFILIATES OR THEIR LICENSORS, CRAFTSMEN, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, SUSHMORRE’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO (SGD) $200.
Indemnification
You agree to indemnify, defend and hold harmless Sushmorre, its affiliates, subsidiaries, Craftsmen and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees and costs and/or regulatory action) arising out of or relating to (1) your violation of these Terms of Use, or (2) your use of the Website and/or the Service, including, but not limited to, your User Provided Content, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use, or (3) your use or misuse of, any information obtained from the Website, the Service and/or the Website.