Free Good Pte. Ltd. (“freegood”, “Free Good”, “we” and “us”) owns and operates the Free Good website (“Website”) and the freegood mobile applications available for download via various platforms (“Apps”). These Terms of Service (“Terms”) govern your use of the website, mobile applications and other services (collectively, the “Services”) provided by Free Good Pte. Ltd..
These Terms apply to all users of the Services, including without limitation users who are individuals, non-profit and for profit organisations, merchants, or contributors of content, information and other materials.
By using the Services in any manner, including but not limited to accessing the mobile application or website, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.
What is freegood?
The Services provides a platform for users (individuals and organisations) to give away, request for and where permitted, trade goods and services by interacting with each other. Free Good does not pre-screen a user or the Content provided by a user, nor is Free Good directly involved in transactions between users. Consequently, Free Good has no control over, and you agree that Free Good is not responsible or liable for, any of the following:
- The quality, accuracy, safety, morality or legality of any aspect of the items listed.
- The true identity, age, nationality, or comments of a user.
- Any Content posted by users.
You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an item or their intentions. While Free Good endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.
Non-commercial Use by Users
Subject to your compliance with these Terms, Free Good grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
Users may not use the Services or any content contained in the Services (including, but not limited to, content of other users, designs, brand, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Service may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Services for any purpose except with Freegood’s express consent (such as for promoted profiles or other advertisements), which we may provide or deny in its sole discretion. Freegood may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Services.
Use of the Services
You shall use the Services in accordance with these Terms and shall not:
- Impersonate any person or entity.
- Solicit money from any users
- Harass or otherwise “stalk” any person.
- Express or imply that any statements you make are endorsed by Free Good without specific prior written consent
- Use the Services in an illegal manner or to commit an illegal act.
- Access the Services in a jurisdiction in which it is illegal or unauthorized.
- Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
- Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
- Use the Services in violation of or to circumvent any sanctions or embargo.
- Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Free Good or its affiliates, partners, suppliers or licensors.
- Use the Services for any purpose for which it is not designed or intended.
- Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by Free Good.
- Use any proprietary information or interfaces of Free Good or any other intellectual property of Free Good in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
- Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
- Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
- Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
- Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
- Collect any information in respect of other users without their consent.
- Authorise or encourage anyone to do any of the foregoing.
Eligibility and Account Creation
You would need to have an account with Free Good (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:
- If you are individual, you are at least 18 years of age.
- If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
- You are capable of entering into and performing legally binding contracts under applicable law.
- All information which you provide is accurate, up to date, truthful and complete.
If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
You are responsible for all activities under your Account. You, therefore agree to:
- Keep your password secure.
- Keep your account information up to date at all times.
- Not set up multiple Accounts, or transfer or sell your Account or user ID to another party.
- Not use another user’s Account without their permission.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify Freegood of any disclosure or unauthorized use of your username or password or any other breach of security.
Community and Community Management
Users may request for a “Community” to be created on the Services. A Community is group of users that share a common interest and/or geographical location.
A “Community Administrator” is someone who requests for a Community to be created and/or is given the role of administrator for a Community. Community Administrators are in charge of the success of a Community by keeping Members happy and involved, by promoting the Community and by encouraging the good behaviour of its Members.
Community Administrators may have access to additional features that enable them to monitor and better manage their Community. From time to time this role may including helping to privately mediate conflict between users in a peaceful and impartial manner. Their ultimate goal should be to have happy and satisfied users who will participate in their community while encouraging others to do so. Community Administrators should accept people requesting to join their Community in a timely fashion to ensure a smooth and easy transition into the Community.
Free Good reserves the right but shall have no obligation to monitor and/or override any decisions made by Community Administrators that do not adhere to the letter or spirit of the Terms or any other Policies that are referenced herein. Free Good reserves the right to revoke a Community Administrator from the Services for breach of these Terms or for the making, publishing, ratifying or endorsing of any disparaging remarks including but not limited to defamatory or malicious content against or about Free Good, its employees and/or its users.
Your Interaction with Other Users
Freegood is not responsible for the conduct of any user. You understand that Freegood makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Services.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT FREEGOOD DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
The Services allow users to create listings and share content, such as photos, videos, listings, comments, reviews, data, text, profile text, links and other information (“Content”). You acknowledge that Free Good does not pre-screen Content uploaded by users. You understand and agree that Free Good may, but is not obligated to, monitor or review any Content you post as part of the Services.
Free Good may delete any Content, in whole or in part, that in the sole judgment of Free Good violates these Terms or may harm the reputation of the Service or the Company. Free Good may also block Content and the delivery of a communication (including, without limitation, reviews, listing, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.
You agree to providing fair and complete Content in the correct categories. You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility. By posting Content and personal information, users of the Services acknowledge and accept that other users of the Service will have the ability to view the same.
The following is a partial list of the kind of Content that is prohibited on the Services. You may not post, upload, display or otherwise make available Content that:
- Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Advocates harassment or intimidation of another person.
- Requests money from, or is intended to otherwise defraud, other users of the Service.
- Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities).
- Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable.
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files.
- Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian).
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page).
- Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18.
- Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses.
- Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
- Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity.
- Provides information or data you do not have a right to make available under law or under contractual or Fiduciary relationships (such as inside information, proprietary and confidential information).
- Disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges.
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
- Publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You agree that Free Good may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Services in the future; or (v) protect the rights, property or personal safety of Free Good or any other person. Your use of the Services, including all Content you post through the Services, must comply with these Terms and applicable laws and regulations.
Note: Free Good reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Services and terminating or suspending the account of such violators.
Transacting on Free Good
All offers made and accepted through the Services are binding. If you are a user who has accepted an offer to give away or trade an item:
- You agree to ship the item or otherwise complete the transaction with the counterparty in a prompt manner unless there is an exceptional circumstance, for instance, if the counterparty fails to meet the terms the listing, or you cannot authenticate the counterparty’s identity.
- You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the item. However, you must not charge excessive shipping fees or otherwise avoid fees. Fees need to be listed and agreed with the counterparty in advance of accepting the offer.
- You may not alter the item’s description (for example and not limited to condition, pictures, description etc.) after a sale, or misrepresent the item.
If you are a user whose offer for an item has been accepted, you agree to:
- Make prompt payment (if applicable), unless there is an exceptional circumstance, for instance, if you are cannot authenticate the seller’s identity.
- Make arrangements for the collection of the items with the counterparty
In communicating with a user through the Services for giving away or trading an item (“Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.
Notwithstanding the foregoing, as Free Good is not involved in a Transaction which is considered solely between users, Free Good cannot ensure that a user would follow through and complete a Transaction.
Disputes with users
If you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to Free Good, Free Good will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release Free Good from any claims, demands and damage arising out of your disputes with users of our Services.
You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Free Good. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of Free Good. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by Free Good. The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
Reporting Unauthorised Content
Free Good respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please to report the same to us.
Free Good reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.
Account suspension and termination
You may deactivate your Account at any time through the “Settings” section of your Account.
Free Good reserves the right to, at its sole discretion, and without liability:
- Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
- Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.
Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and secretion.
Free Good does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and Free Good’s servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Free Good is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from Free Good or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Free Good has no obligation to support or maintain the Services.
Free Good disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. Free Good is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.
Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
IN NO EVENT SHALL FREE GOOD OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT FREE GOOD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FREE GOOD’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF SINGAPORE DOLLARS ONE ONLY (S$1.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnity by you
You will indemnify and hold harmless Free Good, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
Compatibility with devices
Free Good does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Free Good and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
You and Free Good are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
Except as provided herein, any failure by Free Good to exercise a right or require performance of an obligation in these Terms shall not affect Free Good’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
These Terms constitute the entire agreement between you and Free Good and supersedes all prior or contemporaneous understandings and/or agreements between you and Free Good.
Free Good reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
Governing Law and Jurisdiction
You hereby agree that the laws of Singapore shall govern this Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
Last updated: 01 SEPTEMBER 2017