Sharelah TERMS AND CONDITIONS FOR USERS

I. About these Terms and Conditions

These Terms and Conditions (“Terms”) govern the access or use of applications, content, products and services (“the Services”) made available by SHARELAH SG Pte. Ltd (“Sharelah”) in Singapore.

Please read these terms and conditions carefully before accessing or using the Services. Access to and use of the Services constitutes your agreement to be bound by these Terms. Our staff, contractors and agents have no authority to make individual exceptions or amendments to these Terms.

SHARELAHSG MAY AMEND THESE TERMS FROM TIME TO TIME. YOUR CONTINUED ACCESS TO OR USE OF THE SERVICES CONSTITUTES YOUR CONSENT TO BE BOUND BY THE AMENDED TERMS.

If you have an enquiry or complaint, or experience a problem using SharelahSG, please contact us through the Application or in writing at info@sharelah-sg.com.

II. The Services

The Services comprise SharelahSG’s application, websites, content and services made available in Singapore that enable users to find, unlock and to rent Umbrella provided by Sharelah, where available.

Unless otherwise agreed in writing by SharelahSG, the Services are made available solely for personal and non-commercial use in Singapore

Subject to compliance with these Terms, you are granted limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to (i) access and use Sharelah application (the Application) on your personal mobile device solely in connection with your use of the Services and (ii) access and use any content, information and related materials that may be made available through the Services solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Sharelah and Sharelah’s licensors.

The Services and all rights therein are and shall remain Sharelah’s property or the property of Sharelah’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services except as provided for in these Terms or permit you to use or reference in any manner Sharelah’s company names, logos, product and service names, trademarks or services marks or those of Sharelah’s licensors.

III. User Account

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”) accessible through the Application.

You must be over 18 or older to register for an Account or use the Services. If you are 18 years old or below (“a minor”), you may use a Sharelah Umbrella only if the minor’s parent or legal guardian (i) has registered the Account on behalf of the minor (ii) consents to and supervises the minor’s use of the Services (iii) guarantees, represents and warrants that they and the minor have accepted and agreed to these Terms and (iv) that they are, to the maximum extent permissible by applicable law, fully responsible and liable for all injuries, damages, costs and expenses arising from the minor’s use of the Services in accordance with these Terms and as provided for by law;.

Account registration requires you to agree to these Terms and to submit to Sharelah certain personal information, such as your name, date of birth, gender, email and mobile phone number which will be held and processed in accordance with Sharelah’s privacy policy.

You are required, in accepting these Terms, to maintain accurate, complete, and up-to-date information in your Account. Failure to do so may result in your inability to access and use the Services or may result in Sharelah’s termination of your access to the Services.

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

Unless otherwise permitted by Sharelah in writing, you may only register for one Account.

Sharelah reserves the right to refuse the registration of a user Account or to suspend or terminate a user Account in accordance with clause 12.

You may not authorize third parties to use your Account nor assign nor otherwise transfer your Account to any other person or entity to access or use the Services.

Where Sharelah considers it necessary, you may be asked to provide proof of identity to access or use the Services and you may be denied access to or the use of the Services if you refuse or are unable to provide proof of identity.

By creating an Account you agree that Sharelah may send you information by text message (SMS) to facilitate the use of the Services. You have the right to opt out of receiving text messages but acknowledge that this may impact on your use of the Services.

IV. Umbrella Access

Sharelah umbrella can be withdrawn and used when logged into your Account. Umbrella are released from the docking stations when unlocked by pairing user’s phone with Sharelah docking stations via Bluetooth.

You are responsible for obtaining the data network access necessary to access and use the Services. Your mobile network’s data and messaging rates and fees may apply and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Sharelah does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Sharelah umbrella are returned by placing the umbrella back to the docking stations and locked by the docking stations

V. Charges and Payments

Sharelah Charge a sign up fee of $2 SGD.

A User is allowed only one(1) umbrella withdrawal each time for 5 calendar days after which the umbrella will be consider not returned (“Unreturned Umbrella”) and subsequently sold to the user. A $15 SGD will be charged to the user’s account automatically for such Unreturned Umbrella. (a flat fee of $2.00 shall be charge upon use more than 2 days and less than 5 days )

There will also be a $15 SGD charge automatically to the user’s account for the umbrella if it was withdrawn by the User and it subsequently got lost or stolen.

Faulty umbrellas are to replaced back to docking stations.

You shall not use Sharelah Services if you don’t agree to the prices or charges mentioned in these Terms.

Sharelah reserves the right to amend these Terms including the charges at any time but, where practicable, will use all reasonable endeavours to provide you with prior notification of any such amendments.

The charging period and any charges imposed, including charges for lost, stolen or damaged umbrellas, will be determined by Sharelah using the data recorded on Sharelah’s systems and that data shall be proof of the period of use. You must contact Sharelah within ninety (90) days of when the charge was made should you wish to dispute the amount charged. You agree that Sharelah may, at its sole discretion, collect any charges imposed hereunder, including but not limited to charges for lost, stolen or damaged umbrella, directly from your debit card or credit card that you have registered at the time of registration.

You hereby agree for Sharelah to collect any charges or payments accruing from registration with Sharelah and use of Sharelah’s umbrella. You have the right to terminate this agreement at any time in accordance with the termination provisions set out at clause

Upon termination of the Account you will be required to pay all outstanding charges for your Account.

Sharelah may, in Sharelah’s sole discretion, create and offer promotional codes (“Promo Codes”) that may or may not be related to Sharelah’s umbrella’s sharing for its users. Any such other features or benefits related to the Promotions (“Promo Credit”), subject to any additional terms that Sharelah establishes for each Promo Code. You agree that Promo Credit is for your sole and personal use and may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted in writing by Sharelah. Promo Credit may only be used pursuant to the specific terms that Sharelah establishes for each Promo Code. The Promo Codes and Promo Credit have no cash value and may expire before any Promo Credit has been redeemed or used. Sharelah reserves the right to withdraw or disable any Promo Credit at any time and for any reason without liability. Sharelah reserves the right to withhold, remove, cancel or refuse services on Promo Credit amd other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Sharelah determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

VI. Availability of Sharelah Umbrella

Sharelah will always try to run a reliable service and ensure that Sharelah’s Umbrella are available. Sometimes part or all of the Services will be unable to operate for reasons beyond our reasonable control.

During certain periods, Sharelah’s Umbrella may be in heavy demand so Sharelah cannot always guarantee to have an umbrella available.

VII. Your obligations

You are personally responsible for each Sharelah umbrella from the withdrawal of the umbrella until you return the umbrella back to a Sharelah docking station.

You must also:

a) comply with these terms and conditions and all applicable laws and regulations;

b) make yourself familiar with the operation of Sharelah before commencing your trip;

c) check that the Sharelah Umbrellas are of working condition before use.

d) use the Sharelah umbrella reasonably, considerately and responsibly;

e) take reasonable care of the Sharelah umbrella;

When using the Services provided by Sharelah you may not:

a) remove any copyright, trademark or other proprietary notices from any portion of the Services;

b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Sharelah;

c) decompile, reverse engineer or disassemble the Services;

d) link to, mirror or frame any portion of the Services;

e) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;

f) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;

g) submit, upload or publish any defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive content;

h) without the prior written consent of Sharelah, publish any commercial or noncommercial advertisements; and

i) infringe any other party’s lawful rights, including without limitation intellectual property rights.

YOU UNDERSTAND AND AGREE THAT CONDUCTING ANY OF THE ABOVE PROHIBITED ACTS SHALL RESULT IN SHARELAH’S DENIAL OF YOUR ACCESS TO OR USE OF THE SERVICES AND MAY ALSO INCUR FINES.

VIII. DISCLAIMER

THE SERVICES MAY BE MADE AVAILABLE OR ACCESSED IN CONNECTION WITH THIRD PARTY SERVICES AND CONTENT (INCLUDING ADVERTISING) THAT SHARELAH DOES NOT CONTROL. SHARELAH DOES NOT ENDORSE SUCH THIRD PARTY SERVICES AND CONTENT AND IN NO EVENT SHALL SHARELAH BE RESPONSIBLE OR LIABLE FOR ANY PRODUCTS OR SERVICES OF SUCH THIRD PARTY PROVIDERS. ACCESS TO THE SERVICES USING THESE DEVICES IS SUBJECT TO TERMS SET FORTH IN THE APPLICABLE THIRD PARTY’S TERMS AND CONDITIONS.

SHARELAH, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (“SHARELAH PARTIES”) HAVE TAKEN ALL REASONABLE CARE IN THE OFFERING OF THE SERVICES BUT MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE APPLICATION AND THE UNDERLYING SOFTWARE, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. SHARELAH PARTIES SHALL NOT BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR OTHER INFORMATION CONVEYED TO THE USER NOT FOR DELAYS OR INTERRUPTIONS OF THE DATA OR THE INFORMATION STREAM AND SHARELAH PARTIES DO NOT GUARANTEE THAT THE APPLICATION AND OTHER SERVICES WILL BE AVAILABLE AT ALL TIMES. YOU USE THE APPLICATION AND OTHER SERVICES AT YOUR OWN RISK.

IX. LIABILITIES

YOU USE THE SERVICES, INCLUDING SHARE UMBRELLA, AT YOUR OWN RISK.

YOU ARE LIABLE FOR ANY INJURY, DAMAGE OR LOSS CAUSED BY YOUR USE OF A SHARELAH UMBRELLA FROM THE MOMENT YOU WITHDRAW THE UMBRELLA UNTIL IT IS RETURN AND LOCKED.

YOU ARE LIABLE FOR THE LOSS OR DAMAGE OF ANY SHARELAH UMBRELLA BE IT INTENTIONALLY OR THROUGH YOUR OWN NEGLIGENCE.

YOU ACCEPT LIABILITY FOR ALL INJURY, DAMAGE OR LOSS ARISING FROM YOUR NONCOMPLIANCE WITH YOUR OBLIGATIONS AS DEFINED IN THESE TERMS.

SHARELAH IS LIABLE FOR INJURY, DAMAGE OR LOSS THAT IS CAUSED INTENTIONALLY BY SHARELAH OR THROUGH SHARELAH NEGLIGENCE.

SHARELAH SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. SHARELAH SHALL NOT BE LIABLE FOR ANY OTHER LOSS ARISING OUT OF YOUR USE OF THE SERVICES, SAVE AS REQUIRED BY LAW.

X. Indemnification

You agree to indemnify and hold Sharelah and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with:

a) your use of the Services or services;

b) your breach or violation of any of these Terms;

c) your violation of the rights of any third party, including those injured in accidents.

XI. Public Liability Insurance

Sharelah has arranged for the provision of public liability insurance, which insures you against liability you incur in respect of injury to a third party or accidental damage to the physical property of a third party arising from your use of a Sharelah Umbrella (“the Insurance”).

The cost of the Insurance is included in the hire charges for using a Sharelah umbrella and it is not possible for you to opt out of the Insurance.

The Insurance does not cover you for any injury or harm you suffer in the event of an accident and you may wish to take out your own insurance before using a Sharelah umbrella.

If you are involved in an accident or damage or injury is caused to you, someone or something while using a Sharelah Umbrella, you must inform the local police. You must also notify Sharelah through the Application or by email to us at info@sharelah-sg.com of the accident and any resulting injury or damage. You must provide Sharelah with any police incident number provided to you.

XII. Refusal, Suspension and Termination of Account

You or Sharelah may terminate their contractual relationship and so terminate your Account at any time.

You may terminate your Account by contacting Sharelah at info@sharelah-sg.com

If at any time you do not comply with these Terms and/or any applicable laws or regulations while using a Sharelah umbrella or any other Service, Sharelah reserves the right to terminate or suspend your use of the Service, including the use of Sharelah umbrella.

Information obtained by the police regarding non-compliance with these Terms and any applicable laws or regulation while you are using a Sharelah umbrella may be disclosed to us and we may use such information to terminate or suspend your use of the Services, including the use of Sharelah umbrella.

If you have used or attempted to use a payment method to defraud us, Sharela may terminate your Account without payment of any refund to you.

Sharelah may refuse the registration of an Account if:

a) a user has previously been suspended using the Sharelah service or had their account terminated for failing to adhere to the Terms or any applicable Singaporean laws and regulations;

b) there are outstanding sums payable to Sharelah arising from a previous use of the Service;

c) Sharelah receives a police instruction that you have committed an offence with Sharelah umbrella in accordance with any applicable Singaporean laws; or

d) Sharelah has reason to believe that you are attempting or have attempted to use a payment method to defraud Sharelah.

XIII. Complaints and disputes

Any complaints should be made to info@sharelah-sg.com

These Terms constitute the entire agreement and understanding of the parties with respect to their subject matter and replaces and supersede all prior Terms and agreements between the parties regarding the use of Sharelah Services.

These Terms shall be governed by Singapore law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the Singapore International Arbitration Centre (“SIAC“), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules“) by a sole arbitrator appointed by the mutual agreement of you and the Company (the “Arbitrator“). If you and Sharelah are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by you and the Company, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law..

XIV. Other information

Only you and Sharelah have rights under these terms and conditions. No other person shall have any rights under these terms and conditions.

You may not assign or transfer any of your rights under these Terms in whole or in part to any other person without Sharelah prior written consent.

Sharelah may assign or transfer these Terms in whole or in part, including to:

a) a subsidiary or affiliate;

b) an acquirer of Sharelah’s equity, business or assets; or

c) a successor by merger.

If there is a conflict between the English version and any translation of these terms and conditions, the English version shall apply.

Please do not submit any personal information or data without first reading our Privacy Policy which explains our privacy practices.

Force Majeure –No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates. For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

Legal ineffectiveness of any part of these Terms does not affect the validity of the remainder of the Terms. Should a provision of the Terms be or become ineffective or unfeasible, the validity of the remainder of the Terms shall remain unaffected. In the event that a provision of these Terms is illegal, invalid or unenforceable for whatever reason, the parties shall replace that provision, or part thereof, with a provision that is legal, valid and enforceable and which has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision, or part thereof.

The headings used in these Terms are included by convenience only and will not limit or otherwise effect these Terms

For any queries or matters arising out of these Terms or for technical support contact Sharelah through the Application or write to us at: info@sharelah-sg.com