Terms & Conditions
BY ACCEPTING THESE TERMS AND CONDITIONS OF USE EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY CLICKING THE ACCEPT BUTTON, OR BY EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS, YOU REPRESENT THAT YOU AGREE WITH THESE TERMS. WE RESERVE THE RIGHT TO UPDATE, MODIFY, OR CHANGE THESE TERMS AT ANY TIME. PLEASE REVIEW THESE TERMS REGULARLY TO ENSURE YOU UNDERSTAND THEM.
DEFINITIONS
1.1 "Cinch" "We," "Us" or "Our" means Cinch Financial Pte. Ltd. and Our affiliates (as applicable), Our related and affiliated companies, and/or any employee, officer, or director of Cinch.
1.2 "Service" means this Site and any and all content, software, data, information and materials contained therein, and transactions completed thereon.
1.3 “Site” means this web page (https://cinch.sg/).
1.4 "Third Party Content" means certain third-party content, tools, features, analysis, materials, sites, services or advertisements which Cinch makes available on or through this Service, or to which Cinch links on any Sites but for which Cinch is not responsible.
1.5 "You" or "Your" means the individual who is authorized to use the Service and has been supplied user identifications and passwords to a specific User Account.
1.6 “Data” means the information, which may include personal information, that You submit to Cinch in the course of accessing and using the Services. Use of Your Data is governed by the terms set forth in the Privacy Policy.
1.7 “Terms” means, collectively, these terms and conditions, the Privacy Policy and any additional policies and terms as may be made available to You from time to time.
1.8 “User Account” means the personal account You registered on the Site in order to place an offer for a Product rental.
1.9 “Order Confirmation” means the formal email confirmation of Your offer to Cinch, which includes the applicable Fees. This is the Order Confirmation representing a binding contract between You and Cinch.
1.10 “Product/s” means the items offered by Cinch to rent to You, as made available on the Site and updated from time to time.
1.11 “Rental Period” means the period of time You have selected to rent a specific Product for, as stated in Your Order Confirmation. The Rental Period begins upon the receipt of the Product(s) by You and will, on a rolling basis, be Your Fee payment date.
1.12 “Fee/s” means the total amount due each month of an active Rental Period, for each Product and is exclusive of all taxes or shipping costs.
TERMS OF USE
2.1 Terms. All terms and conditions on this Site, including the Privacy Policy, are incorporated into these Terms by reference. These Terms set forth the entire, final and exclusive agreement between Cinch and You with respect to Your use of, and access to, the Service and Product(s), and supersedes all previous oral and written terms, representations, or understandings concerning Your use of, and access to, this Service. Your use of the Site, including the creation of a User Account, constitutes acceptance of the Terms. Cinch will not provide any services or provide any benefit to You to the extent that their provisioning would violate applicable law or expose Cinch to any applicable economic sanctions, laws or regulations.
2.2 User Account; Set Up. To use the Service, You must register for and maintain an active User Account, which requires a valid debit or credit card, as well as other requested information. The Data provided must be true, accurate, complete and updated as needed. Each User Account is personal to the registered individual only and You are responsible for all activity that occurs through it. The parties agree that these Terms may be electronically signed. Electronic signatures or symbols will be the same as handwritten signatures for the purposes of validity, enforceability and admissibility.
2.3 Your Information. As part of Your use of the Services, You will be required to submit certain information, such as personal information, income information, biometrics, and payment information. The collection and use of that information submitted in connection with the Services, including for marketing and other communications, is set forth in the Privacy Policy. Cinch may update the Privacy Policy from time to time. As specified therein, We have the right to provide information about You or Your various account details (like billing, account content, or use records and related information) if required by law (which may include mandatory data sharing with governments), and/or to protect Our rights or business.
2.4 Consent to Communications; Opt-out. By providing your phone number, you consent to receiving calls, texts, and similar messages from Cinch or its service providers. Standard voice and data rates may apply and Cinch is not responsible for any charges to you for these messages. You may opt-out from receiving these messages at any time by sending us an email or a message with a request to opt-out.
OWNERSHIP; LICENSES
3.1 Cinch Intellectual Property Rights. As between Cinch and You, and subject to Your right, title and interest in Data that You submit through this Service or otherwise provided to Cinch, Cinch owns and reserves all right, title and interest in and to the Service, including all related intellectual property rights subsisting therein. We grant no rights to You hereunder other than as expressly set forth below. This Service and all materials and information published thereon is protected by Singapore and foreign copyright and other intellectual property laws. All Our trademarks, brand names and service marks are the property of Cinch. Cinch’s trademarks and brand names may not be used in any form without the prior written consent of Cinch, and any use shall be subject to Cinch’s then-current policies and requirements. All other trademarks, services marks, logos, designs and brand names not owned by Cinch that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cinch. Using Our Services does not give You ownership of any intellectual property rights in Our Services or any content You access, and except for the limited license granted to You, all rights therein (including all intellectual property) belong to Us or Our licensors. You may not use content from Our Services without Our express prior permission or as otherwise permitted by law. You agree to protect the proprietary rights of Cinch and to comply with all reasonable written requests made by Cinch or its third party licensors to protect their and others’ rights in the Site and materials and content made available on or through the Service.
3.2 Limited License to use Services and Products. For individuals: Subject to these Terms, We grant You a limited term, non-exclusive, non-sublicensable, revocable, non-transferable (except as provided for herein) license to access and use the Service, which includes use of the Product. Such rights are for Your personal, non-commercial Use only. Any rights not expressly granted herein are reserved by Us and Our licensors. For corporate entities: Subject to these Terms, including insurance requirements in Section 7, We grant You a limited term, non-exclusive, non-sublicensable, revocable, license to access and use the Service. Any rights not expressly granted herein are reserved by Us and Our licensors.
RENTALS; PAYMENT OBLIGATIONS
4.1 Order Submission. Cinch makes a range of third-party Products available for rent to You through the Site. These can only be rented through an active User Account. An order containing selected Product and Rental Period is submitted to Cinch when “place order” is affirmatively selected by You. This offer, which displays the associated Fees, is only deemed accepted by Cinch upon Your receipt of the Product.
4.2 DISCLAIMER. PRODUCTS DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. Cinch reserves the right to change its prices for future [subscriptions] and/or Our billing methods, effective going forward, upon posting on the Site or by email notice to you.
4.3 Order Acceptance Policy. Your receipt of an Order Confirmation does not signify Our acceptance of Your order, nor does it constitute confirmation of an offer from Us. Cinch reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. Cinch further reserves the right any time after receipt of Your order, without prior notice to You, to supply less than the quantity You ordered of any item. As part of the order approval process, We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, You agree that, if We cancel all or a portion of Your rental, prior to Your receipt of the Product, Your sole and exclusive remedy is either that: (a) We will issue a credit to Your payment method for the amount charged for the cancelled portion or the quantity not provided (if Your payment method was charged upon the submission of the order); or (b) We will not charge Your payment method for the cancelled portion of the order or the quantity not provided. A cancellation or change of an order done by Cinch will be communicated via email or Your User Account.
4.4 Title. Title to each rented Product remains with Us during the Rental Period. If You elect to purchase the rented Product, via the Purchase Option (as defined below) or if We charge You the buyout price in accordance with Sections 4.7 or 6.3.2, title to the rented Product will pass to You when We charge You the buyout price.
4.5 Dispatch; Delivery. Once payment is authorized and processed, the Product will be dispatched to You. You are not charged for the time between placement of the order and receipt of the Product; Your Rental Period begins from the date of Your receipt of the Product. Each month of Your Rental Period is paid in advance, chargeable on the same recurring date each month during the Rental Period, following Your receipt of Your Product. For the sake of clarity, the risk of loss passes to You upon Our delivery of the item to the carrier (both for the initial shipment and for any return shipments from Us to You). For returns from You to Us, risk of loss passes to Us upon our receipt of the rented Product from the carrier.
4.6 Rental Periods. You may select one of two Rental Period options:
4.6.1 Fixed Subscription: The rental is for a specified number of months. Thirty days prior to the expiration of the term, the parties may terminate the contract for convenience in writing, in accordance with this section, and by returning the Product at the end of the Fixed Subscription; otherwise, the contract will automatically be converted to a Pay-as-You-go Rental Period, until terminated by You, or until the Purchase Option is selected. Renewal of Fixed Subscription: If You wish to renew the Fixed Submission, You can submit such offer to renew by clicking on the button “Change Rental Terms”. Upon successful completion of the renewal request, You will receive an e-mail from Cinch confirming the renewal. The new Rental Period starts with the next due monthly payment upon your receipt of an email confirming the renewal of the Fixed Subscription.
4.6.2 Pay-as-You-go: The Pay-as-You-go Rental Period is for an indefinite number of months, until either party terminates the contract with a thirty days’ prior notice, for whatever reason. Such termination shall take effect on the following month. Renewal of Pay-as-You-go: Renewals are automatic until cancellation is made by either party.
4.7 Vouchers, Discounts and Other Promotions. From time-to-time Cinch may offer various voucher, discounts, loyalty programmes or other promotions. These vouchers and discounts may be only applied to the last two months of the rental period chosen by You.
4.8 Purchase Option. In some instances, during Your Rental Period, You may have the option to purchase the Product for a buyout price (the “Purchase Option”). For individuals, the buyout price and associated conditions are listed in your Order Confirmation (that can be found in your User Account). The purchase price is a gross price including any added taxes as applicable at the time of the order. If You affirmatively exercise the Purchase Option, You will be required to pay the purchase price as listed, which will be calculated as the market price less the rent paid by You until you exercise the Purchase Option. For business or corporate customers, the Purchase Option will be made available by Cinch on a case-by-case basis. Please notice that possible vouchers, discount codes, loyalty programmes or similar credits or reductions are only deducted from monthly rents but not from the purchase price. For the avoidance of doubt, You are not entitled to return the Product following your purchase with the Purchase Option, as this sale is final.
4.9 Termination of Rental Period.
4.9.1 By You. If You are not fully satisfied with a rental from the Site, You may return the Product in its original packaging within three (3) calendar days of delivery of the Product to You for a full refund. For avoidance of doubts, all purchases made pursuant to the Purchase Option are final, non-returnable and non-refundable.
4.9.2 By Cinch. Cinch is entitled to automatic termination where You have defaulted on payment for more than three months. If You have rented several Products and You are delinquent or have breached the Terms for one Product, Cinch reserves the right to unilaterally terminate the remaining Rental Period. A non-exhaustive list of actions that could trigger termination by Cinch includes wilfully damaging a Product, including tampering or modifying the Product in any way; a breach of these Terms; transferring the Product to an unaffiliated third-party; attempting to or repairing the Product; using a rented Product to commit a criminal offense; or Your failure to pay the Fees due.
4.10 Cancellation Process. You may terminate Your Rental Period by reaching out to Cinch. The termination becomes effective upon receipt of the Product(s) by Cinch. If You terminate Your Fixed Subscription before the last month of the Fixed Subscription You will be responsible for, and Your credit card or third-party payment account may be charged for, the payment of the cancellation fee of SGD 250. If You terminate Your Fixed Subscription during the last month of Your Fixed Subscription, You will not be responsible for the payment of the cancellation fee of SGD 250. When You terminate Your Fixed Subscription, You are responsible to return the Product, and all accessories within five (5) working days, unless otherwise agreed upon in writing by Cinch. If you do not return the Product within five (5) working days, Your Fixed Subscription will be converted into a Pay-as-You-go Rental Period, considered to start on the day following the final day of your Fixed Subscription if you are terminating Your Fixed Subscription during its last month. If you have terminated your Fixed Subscription prior to the last month of Your Fixed Subscription and do not return the product within five (5) working days, your Fixed Subscription will be automatically converted into a Pay-as-You-go Rental Period, considered to start the day following the final day that has been covered by Your monthly payments (excluding the Early Termination Fee). For the Pay-as-You-go Rental Period, Your credit card or third-party payment account will be charged at the same monthly rate as your Fixed Subscription. If Cinch terminates your Rental Period, You are obliged to return the Products, including all accessories, to Cinch within five (5) working days. If Cinch has charged Your payment method prior to either party’s cancellation, We will issue a credit to Your User Account in the amount of the charge.
4.11 Return Process. It is Your responsibility to return the Product in the condition in which You received it, including the original packaging of the Product, subject to Section 6.3 below; in particular, please remove password protection, Your personal account (if linked) or any other impediments that excludes or impairs Cinch’s access. In the case of products that are able to be restored to factory settings without unlocking, such as Apple products, if You do not restore Your Product to factory settings prior to returning it to us, we will not bill You for the month but will charge You a reset fee of SGD 50. If the Product can not be restored to factory settings by us, and needs Your personal login information, we will continue billing You on a Pay-as-You-go basis until the issue is resolved. Our customer service team will contact You, and arrange for a delivery and pickup to allow you to reset the device.
PAYMENT
5.1 Process. All payments for rented Products must be made by debit or credit card or such other payment methods as may be introduced from time to time, through Your User Account. We may put a temporary hold on Your debit/credit card account to verify Your payment information is still valid and/or to verify Your debit/credit card has the necessary funds to cover the Fees. Pre- authorization is not a charge to Your account, it is a hold on those funds. You should contact Your bank or card issuer if You have questions about when a pre-authorization amount will be removed from Your statement. By submitting billing information to Us, You hereby agree that You authorize Our payment processors to charge Your card at Our convenience but within thirty (30) days of the Order Confirmation. For each Product rental made on the Site, You agree to pay the price applicable (including any sales taxes, surcharges and any delivery fees for the delivery service You select, if any) for the duration of Your Rental Period, as of the date of the Order Confirmation. Fees will be charged to a payment method in Your User Account. We will automatically charge and withhold the applicable taxes as required by law. All payments to Us are made through third-party payment processors.
5.2 Declined Payment. If the payment processing fails or the payment is declined for any reason, and You do not update Your information, You authorize Us to continue billing Your payment method once every 24 hours until processed. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. For the first payment of any Rental Period, if Your payment is declined, Your order will be automatically cancelled, and You should submit another offer using a valid payment method. If Cinch does not receive payment, You agree to pay all amounts due upon demand by Cinch or its agents and You will remain liable for all such uncollected amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, reasonable attorneys’ fees, and arbitration or court costs.
5.3 Late Payment Penalty. Late payment charges means a charge imposed under the terms of the Purchase Payment Contract on a Consumer as a result of the Consumer failing to pay an Installment on the Scheduled Due Date and within any accompanying grace period (where applicable). Late payment charges are set at SGD15 per late payment.
5.4 Credit Information. You hereby acknowledge and agree that Cinch may, from time to time, request from you or obtain your credit reports or your credit score from any licensed credit bureau in Singapore. You acknowledge that based on the results of your credit report or credit score, Cinch may, in its sole discretion, accept or refuse your payment method, depending on but not limited to your repayment history and credit behavior. You authorize Cinch to disclose any information regarding your User Account or payment history to any licensed credit bureau in Singapore, or any other entity accredited by the Monetary Authority of Singapore. You agree that Cinch has the right, in its sole discretion, to notify any licensed credit bureau in Singapore of your delay or inability to pay the Fees and any late payment fees.
5.5 Delinquent Accounts. In certain instances, we may send Your overdue payments (Fees) to a debt collections agency: for all unpaid and/or past due Fees for a Rental Period. Additionally, should You fail to return a Product following expiration of Your Rental Period, Your outstanding balance, if any, and the full market value of the Product will be transferred to a debt collections agency. You will be fully liable for any Fees and expenses related to the debt collection agency (inclusive of recovery administrative costs).
5.6 Legal Authorization; Discrepancies. You agree that You will not use any credit card or other form of payment unless You have all necessary legal authorization to do so. You agree to pay all fees and charges incurred in connection with Your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless You notify Cinch of any discrepancies within forty-five (45) days after they first appear on Your credit card statement, You agree that they are deemed accepted by You for all purposes.
RESTRICTIONS ON USE
6.1 Account Limitation. You acknowledge and agree that Your User Account is for individual use only. You shall not disclose or share any ID(s) or password(s) Used to access this Service and/or Your User Account, and You acknowledge You are responsible for all activity that occurs under Your ID(s) and password(s). You agree to notify Cinch in writing upon becoming aware of any unauthorized access or Use of Your User Account by any unaffiliated party. During the Rental Period, You are prohibited from assigning the use of the Products to a third party without the prior written consent of Cinch; in particular, You may not sell, attempt to repair or repair, give away, rent or loan the Products. If you sell, give away, rent or loan the Products, you are liable to pay Cinch 100% of the retail price of the Product. If you repair or attempt to repair, you are liable for any costs that Cinch may incur in bringing such Product to a working condition again. For commercial or business customers, the foregoing limitation may not apply; any custom order form between You and Cinch will control to the extent applicable.
6.2 Restrictions of Website and Account Use. In addition, You agree not to:
(i) Use or access the Site for any purpose that is unlawful or prohibited by these Terms, or display, transmit or otherwise make available on or through the Service material that is infringing, threatening, harassing, libellous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another's privacy or violative of third-party privacy rights;
(ii) Reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by or on the Service;
(iii) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cinch without express written consent;
(iv) Make any commercial or non-fair Use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Cinch or any of Our third party licensors without the express written consent of Cinch;
(v) Use or access the Site in a manner that could damage, disable, overburden, or impair any Cinch server or the networks connected to any Cinch server;
(vi) Interfere with any third party's use and enjoyment of the Service;
(vii) Attempt to gain unauthorized access to the Service, accounts, computer systems, or networks connected to any Cinch server through hacking, password mining, or attempt to bypass any of Our security measures to access the Services, or placing unreasonably large loads on Our Services’ infrastructure;
(viii) Sublicense any license granted in or to materials on the Service (whether or not any of such acts are for commercial gain or advantage);
(ix) (g) Modify, copy, reproduce, republish, post, resell, upload, transmit or distribute any materials or content, or any portion thereof from or linked to the Service, except with the express written consent of Cinch or its third party licensors; and
(x) Access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Services.
INSURANCE
7.1 All individual Users must purchase sufficient insurance if statutorily required in the jurisdiction and for the Product they are renting.
7.2 As a corporate or business User who enters into a contract with Cinch, You must procure and maintain at your organisation’s own expense, during, and for a period of two (2) years after the Order Confirmation, an insurance in the amounts specified below.
(i) Insurance policies with insurers currently rated A VII or better by A.M. Best, and includes claims made anywhere in the world.
(ii) Commercial General Liability Insurance: $1M per occurrence; $2M in general aggregate
(iii) Excess Umbrella Liability Insurance: $4M per occurrence and annual aggregate.
(iv) Network Security and Privacy Liability Insurance: $2M per occurrence and annual aggregate.
(v) Technology E&O Liability Insurance: $2M per claim and in the annual aggregate.
DAMAGES AND LOSS OF THE PRODUCT
8.1 Damages. You are obligated to use the Products carefully, in order to minimise the damages that are to be expected. In the event of any damage or other deterioration of the Product during the Rental Period, you are obligated to inform Cinch immediately in writing of all details of the incident that has led to the damage or other deterioration of the Product. In the case of damages to the Product, you will be liable for the actual costs incurred by Cinch to repair, refurbish or replace the Product, subject to the specific terms below.
8.2 Your Liability for Damages. In deviation from the previous paragraph, Your liability shall be reduced to 10% of the occurred damage for the damage events listed below:
(i) Broken display
(ii) Strong signs of wear and tear
8.3 If one of the damage events listed above occurs, You are obligated to inform Cinch in writing without delay of all details of the incident having led to the damage of the Product and return the Product to Us upon our request. The aforementioned reduction of the liability to 10% can be granted to You only once within a rental period of minimum of 6 months.
8.4 The reduction of Your liability (to 10%) shall not apply in the following damage events: (i) Cases in which the device is no longer present: robbery, burglary, simple theft, leaving behind, forgetting, misplacing, etc. and (ii) Intentional damages.
8.5 The reduction of liability shall not apply in case the Product is lost. In that case, You shall pay the repurchase value of the Product. The rental payments already remitted will not be considered for this. The rent for the month in which the loss was reported to Cinch shall be paid in full.
8.6 Prevention of damage and loss. As a condition of acceptance, You hereby agree that Cinch may implement any mobile device management software application in the Products for the purposes of device management and security (including but not limited to monitoring fraud and delinquency).
WARRANTIES; DISCLAIMERS
9.1 Your warranty. You hereby represent and warrant that (a) You are at least 18 years of age; (b) You have the authority to enter into these Terms, either on Your own behalf or on behalf of the corporate User who will be party to these Terms.
9.2 Disclaimers. The Site is still in its testing phase and is provided on an “as is” and “as available” basis and may contain defects. A primary purpose of this beta testing Site is to obtain feedback on software performance and the identification of defects. The performance of the Site and Service on an uninterrupted basis are not guaranteed and promised by Us. Although Cinch has used reasonable efforts to ensure that the description (including images) of the Products available to rent are accurate and up-to-date, such descriptions may be provided by the manufacturer and may be only representative of the item available. THE DESCRIPTIONS OF THE PRODUCTS ARE PROVIDED “AS-IS” AND CINCH MAKES NO EXPRESS OR IMPLIED WARRANTIES INCLUDING OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, REPRESENTATIONS, OR GUARANTEES REGARDING THE DESCRIPTION PROVIDED. THE ACCURACY OR COMPLETENESS OF PRODUCT INFORMATION IS NOT GUARANTEED AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND SELECTING PRODUCTS AND DETERMINING WHETHER EACH PRODUCT IS FIT FOR A PARTICULAR PURPOSE AND SUITABLE FOR YOUR USE. PRODUCTS ARE NOT MANUFACTURED TO ANY INDIVIDUAL REQUIREMENTS OR SPECIFICATIONS. NO LICENSE UNDER ANY CINCH OR THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS IS GRANTED OR IMPLIED WITH THIS PRODUCT INFORMATION. YOUR SOLE REMEDY FOR A PRODUCT BEING MATERIALLY INACCURATELY DESCRIBED IS TO RETURN IT IN UNUSED CONDITION, COMPLETE AND UNDAMAGED, IN THE ORIGINAL PACKAGING, AND HAVE CINCH REPLACE THE PRODUCT. TO THE EXTENT PERMITTED BY LAW, CINCH EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.
LIMITATION OF LIABILITY
CINCH SHALL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES, OR ANY INFORMATION OR SERVICE ON A LINKED SITE. THE AGGREGATE AMOUNT OF DIRECT DAMAGES THAT CINCH WILL PAY YOU FOR CLAIMS UNDER THESE TERMS IS THE TOTAL FEES PAID TO CINCH BY YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. Some jurisdictions do not allow the limitation or exclusion of certain implied warranties, liability, incidental or consequential damages, so certain provisions of these Terms may not apply to You. This section will survive termination of these Terms.
INDEMNIFICATION
You shall defend Us against any claims, actions, damages, penalties, fines, demands, losses, liabilities, costs and expenses, injuries or payments for injury to any person or property caused or claimed to be caused by You which is made or brought against Us by a third party arising out of (i) Your use of the Services or Products (including the payment of fines and other fees in Section 5 above), (ii) Your breach or violation of any of these Terms or any applicable law, (iii) Cinch’s lawful use of Your Data or (iv) Your violation of the rights of any third party. Cinch reserves the right to assume the exclusive defence of any claims or lawsuits, and You agree not to settle any of the foregoing without Cinch’s prior written consent. You agree that the obligations in this Section will survive any termination of these Terms, Your User Account or Your access to Our Services generally.
ASSUMPTION OF RISK; WAIVER AND RELEASE OF CLAIMS.
THIS SECTION CONTAINS A LEGAL RELEASE OF YOUR RIGHTS, INCLUDING: ASSUMPTION OF RISK AND WAIVER AND RELEASE OF LIABILITY AGAINST CINCH. YOU ARE FREE TO DECLINE OUR SERVICES/PRODUCTS IF YOU DO NOT WANT TO AGREE TO THE TERMS AS SET FORTH HEREIN.
12.1 You volunteer to use Our Services and Products with full knowledge of all RISKS and agree to the ASSUMPTION OF RISK AND WAIVER AND RELEASE OF CLAIMS; YOU DO NOT HAVE TO USE OUR PRODUCTS OR SERVICES. It is Your responsibility to use Our Services and Products safely. IN CONSIDERATION FOR USING OUR SERVICES/PRODUCTS, YOU, OR THE PERSON OR ENTITY ON BEHALF OF WHOM YOU ENTERED INTO THESE TERMS AGREE TO THE FOLLOWING:
12.2 TO ASSUME ALL RISKS: You acknowledge that (a) there are risks associated with the use of Our Services/Products (b) the Products may be used by other people both before and after Your use of such Products; (c) Your use of certain Products may result in injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, MENTAL OR PHYSICAL ANGUISH, OR DEATH. To the maximum extent permitted by laws, by using Our Services, You, on behalf of Yourself, Your personal representatives and Your heirs, hereby EXPRESSLY AGREE TO ASSUME ALL RISKS AND ACCEPT ALL RESPONSIBILITY FOR ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE, DEATH OR DISABILITY THAT YOU MAY SUFFER AS A RESULT OF USING THE SERVICES/PRODUCTS for any such injuries, losses, and/or damages.
12.3 WAIVER AND RELEASE OF CLAIMS: To the maximum extent permitted by laws, on behalf of Yourself, Your personal representatives and Your heirs, hereby EXPRESSLY AGREE TO WAIVE AND RELEASE CINCH FROM ANY AND ALL CLAIMS (INCLUDING THOSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY AND/OR ANY OTHER GROUNDS), INCLUDING WITHOUT LIMITATION CLAIMS FOR OR RELATING TO ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE, DEATH OR DISABILITY THAT YOU MAY SUFFER AS A RESULT OF USING OUR SERVICES OR PRODUCTS. The WAIVER AND RELEASE includes any claims for injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, MENTAL OR PHYSICAL ANGUISH, OR DEATH;
12.4 You have any questions concerning the terms of the Assumption of Risk or Waiver and Release of Claims, contact Us at support@cinch.sg.
GOVERNING LAW. DISPUTE RESOLUTION
13.1 These Terms, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to these Terms or the negotiation, execution or performance of these Terms (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with these Terms or as an inducement to enter into these Terms), shall be governed by, and enforced in accordance with, the laws of Singapore, without regard to any conflict of law provisions.
13.2 The parties shall use best efforts to settle any dispute, claim, disagreement, question or issue directly through good-faith negotiations, which shall be a precondition to either party commencing any legal action. Any action in connection with, relating to or arising from this agreement shall be finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force (“SIAC Rules”). The tribunal shall consist of one (1) arbitrator to be appointed in accordance with the SIAC Rules. All arbitration proceedings shall be in the English language. The seat of arbitration shall be Singapore. The decision of the arbitrator shall be final and binding.
13.3 If the decision of the arbitrator can be appealed to the courts under Singapore laws. You agree to be subject to the personal jurisdiction in, and the exclusive venue of, the courts in Singapore, to the extent relevant, and hereby waive any objection to such jurisdiction and venue for the purpose of any such appeal.
INJUCTIVE RELIEF
You acknowledge and agree that any violation of the Terms relating to the disclosure, use, copying, distribution, display or publishing of the content made available through the Service, including for the sake of clarity, information provided in Your User Account, by Cinch or by third party-licensors, including, if applicable, any software licensed hereunder, may result in irreparable injury and damage to Cinch or its licensors that may not be adequately compensable in money damages, and for which Cinch will have no adequate remedy at law. You acknowledge and agree that Cinch may pursue injunctive or other equitable relief at any time from a court of competent jurisdiction without the need to post a bond or other security.
TERM; TERMINATION
Our relationship will begin on the date You accept these Terms through the creation of a User Account or Your use of this Site and continue until terminated by either of us in the following ways. You may terminate Your use of the Site without cause at any time upon written notice to Us; however, Your obligations will exist for the duration of Your Rental Period and all outstanding payment obligations derived from Your Rental Period will remain due and payable. All sections that must survive to fulfil their essential purpose shall survive any termination or expiration of these Terms.
MISCELLANEOUS
We may assign Our rights and obligations under these Terms, but these Terms may not be assigned by You without Our prior written consent. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of this Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
CHANGES TO THESE TERMS
Cinch may modify these Terms at any time by posting a revised version at cinch.sg, the modifications of which will become effective as of the first day of the calendar month following the month in which they were first posted; provided, however, that if an Rental Period specifies a fixed term, the modifications will instead be effective immediately upon the start of the next Rental Period chosen. In either case, if You object to the updated Terms, as Your sole and exclusive remedy, You may choose not to renew. For the avoidance of doubt, any Rental Period is subject to the version of the Terms in effect at the time of the Order Confirmation.
