- Merchant’s Obligations
- The Merchant shall use ShopBack for Business responsibly and shall take all reasonable precautions and diligence to prevent any unauthorised use of ShopBack for Business.
- The Merchant acknowledges that it shall not cause ShopBack for Business and the data available therein to be accessed, copied or otherwise used by any unauthorised persons, including authorised employees of the Merchant. ShopBack shall not be held liable by the Merchant for any such unauthorised access that is a result of the Merchant’s negligence, mismanagement or fault.
- Merchant Warranties and Representations
- The Merchant warrants, represents and undertakes that:
(a) it is authorised to enter into this Agreement and that this Agreement has been accepted by an authorised representative of the Merchant;
(b) it shall inform ShopBack in writing immediately of any changes that could affect this Agreement;
(c) all information provided by the Merchant, if any, in ShopBack for Business is accurate, complete and correct.
- Exclusion of Liability
- ShopBack does not exclude or limit any liability that cannot be excluded or limited by applicable law.
- Subject to Clause 3.1, ShopBack shall not be liable for any indirect loss. Further, ShopBack shall not be liable, whether directly or indirectly, for (i) loss of actual or anticipated profits; (ii) loss of goodwill; or (iii) loss of data and/or the costs of restoration of data.
- Subject to Clauses 3.1 and 3.2, ShopBack’s total liability under this Agreement, howsoever arising, shall in no circumstances exceed Singapore Dollars One Thousand and Five Hundred (SGD1,500.00) only.
- ShopBack grants the Merchant a non-exclusive, revocable license for the Merchant to use ShopBack for Business to track total users’ purchases, redemptions etc. other data that ShopBack chooses to make available to the Merchant from time to time.
- The Merchant may not at any time, directly or indirectly, reverse engineer or aid or assist in the reverse engineering of all or any part of ShopBack for Business. Reverse engineering includes, without limitation, decompiling, disassembly, sniffing, peeling semiconductor components, or otherwise deriving source code.