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Terms of Service

Last Modified: 7 April 2020

  • Applicability

    By purchasing any product (“Product”) offered by Scrambled Eggs Pte Ltd, its subsidiaries and affiliates (collectively, the “Company,” “we” or “our”) through our websites or online applications that run on smartphones, tablets and other devices which provide dedicated browser and non-browser-based interaction between you and our websites (all of which are collectively called our “Application”), you agree to these terms and conditions of sale (these “Terms of Service”). This includes any discounts or offers (collectively known as “Offers”) availed from participating third party merchants (“Merchants”) in accordance with its terms and conditions.

  • Subscription Orders

    When you purchase or subscribe to any product on our application, this constitutes an offer to buy the product. We may, at our sole discretion, verify your identity prior to processing a purchase. We may also refuse to process, or may cancel a purchase, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Service.

  • Subscription Pricing

    You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order.

    Subscription discount eligibility is determined at the time of the order. Subscription discounts cannot be applied retroactively.

    We reserve the right to change prices and fees at any time. We will notify you in advance if the regular rate of a product changes from what was stated at the time of your order.

    Occasionally there may be an error or omission related to the pricing or description of advertised products. We will use reasonable efforts to correct any errors or omissions as soon as practicable after learning of them.

    If a stated price is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the product at that price. We will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made.

  • Billing

    We will charge or debit your payment method at the beginning of your subscription or, if applicable, at the end of your free trial period. Billing will continue according to the cycle stated at the time of your order.

    All subscriptions are renewed automatically. When we renew your subscription, we will use the payment method currently associated with your account.

    You will not be notified in advance of impending renewals.

  • Unpaid Charges

    If your credit card expires or your payment method is otherwise invalid at the payment date of your billing cycle, your subscription will automatically be terminated. You will remain responsible for all charges before the termination date.

    You will be responsible for all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys' fees, collection agency fees and any other associated costs.

  • Third Parties

    When you use the product, you may incur other additional charges from third party service providers, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.

    If you have purchased your product through a third party website, these Terms of Sale may not apply to you. We are not liable to you for any claims related to purchases made through third parties. Please contact the third party directly.

  • Subscription Cancellations and Refunds

    When you cancel your subscription, you only cancel future charges associated with your subscription. The cancellation will be effective immediately and you forfeit the remaining days of your subscription. You will not receive a refund for the current billing cycle.

    We reserve the right to make changes to our digital products at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refund.

    If any or all of our digital products are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

    We reserve the right to suspend or terminate your subscription or product for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances.

    Click here for instructions on how to cancel your subscription. Please note if you’ve already subscribed to a promo then cancel, you won’t be able to subscribe to a new promo. For any concerns, you may reach us at prime@phonebooky.com.

  • Merchant Services, Offers, and Bookings

    A Booky Prime subscription is required before availing the Application’s Offers. Through the use of the Application, a customer may make a booking at one of the times, venues and at the Offers set by a Merchant. Cancelling a booking forfeits the time, venue, or the Offer associated with it. Alternatively, a customer may avail of Offers through walk-in transactions with a Merchant. Offers availed through a walk-in transaction may not necessarily be the same as the Offers availed through a booking transaction. We do not guarantee and are not responsible for the performance of the booking, the Merchant’s services and/or the Offers, which are the sole responsibility and are to be provided and/or otherwise performed by the Merchant. We are therefore not responsible for the quality of the service, eligibility, or termination of the Merchant.

  • Limitation on Liability

    IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, 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 PURCHASE OR USE, OR INABILITY TO USE, ANY PRODUCT, 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  • Governing Law and Jurisdiction

    These Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any choice or conflict of law provision or rule (whether of the Singapore governing law or any other jurisdiction).

    Any legal suit, action or proceeding arising out of, or related to, these Terms of Service shall be instituted exclusively in the courts of the Singapore, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  • Limitation on Time to File Claims

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SALE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  • Waiver and Severability

    No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

    If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

  • Entire Agreement

    This Terms of Service and our Rules of Use constitute the sole and entire agreement between you and Scrambled Eggs Pte Ltd with respect to your purchase of any Product and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such purchase.