Terms of Service

Last modified: February 12, 2018

These Terms and Conditions are a legally binding agreement (“Agreement” or “Terms”) between you an individual (the “User”, “You”, or “Your”) and Popbox Media Pte Ltd (hereinafter referred to as “Company”, “We”, “Us” or “Our”) operating at www.popboxapp.com and other mobile applications offered by the Company (“Popbox”, “App”, “Website” or “Site”) in accordance with the Laws of Singapore with its registered office located at #04-95, 531A Upper Cross Street, Singapore 051531.

These Terms and Conditions govern your use of the App and constitutes a legally binding agreement between you and the Company. By using the App, you accept and agree to all the terms of this Agreement as well as the Privacy Policy which is included herein by reference. If you do not agree with any provisions of this Agreement, your sole remedy is to cease using the App.

Key Terms

“User” – refers to all users of Popbox phone app and includes any reference to you or your and vice versa.

“Platform Services” – refers to all features and phone app functionality made available by Popbox.

Eligibility

The App is not designed for use by persons under the age of fifteen (15) years. In the event you are considered a minor and lack the legal capacity to enter into binding agreements, You may only download and use our app with the express consent of your parent(s) or legal guardian(s) and Your parent(s) / legal guardian(s) must take responsibility for: (i) Your actions; (ii) any charges associated with your use of platform services provided by the Company; and (iii) Your acceptance and compliance with these Terms and Conditions. If you do not have the consent of your parent(s)/legal guardian(s) you are not authorized to download our app and/or make use of platform services.

By making use of the app, you represent and warrant that you will use the app in accordance with applicable laws and regulations.

How it all works

Popbox mobile app enables Users to be connected with one another in locations and venues across the world. Features include, but are not limited to, the ability to chat with other app Users in your current location, and to view the conversations that are happening at your chosen venues. Whilst there are a large number of venues for selection around the world, Popbox does not guarantee that your preferred locations will be available.

Users can add friends, receive alerts when friends are in the same venues, and chat with friends in the vicinity. Users can ‘Favorite’ venues, and may receive notifications about various updates including response to chats and invitations from friends.

The Popbox app is currently free for all Users but the Company reserves the right to introduce any paid features or in-app purchases at any time in future.

Account Safety

To create your Popbox account, you will be required to provide us with certain personal information. We will collect and use your personal information only as stated in our Privacy Policy.

You agree to provide us with true and current information during sign-up. You may never use another User’s Popbox account for any purposes whatsoever. You understand and anything that happens under your account is solely your responsibility.

You release the Company from any liability arising from or related to any unauthorized access to your account. The Company reserves the right to refuse an account registration in its sole discretion without any justification.

In the event of any security breach or suspicious activity, please immediately notify us at privacy@popboxapp.com.

We may access your account and the information that you have provided us, for support, maintenance or for any security-related or business reasons that we in our sole discretion deem fit. We reserve the right to immediately suspend or terminate your Account if we discover that you have provided inaccurate, fraudulent or incomplete information to us during your account application or anytime thereafter.

Account Termination

You can stop using Popbox anytime by deleting your account without incurring any liability. Please take note that upon termination of your account, you may lose any data that was stored under your account and it is solely your responsibility to ensure that you backup any and all data that you wish to access at a later stage. We reserve the right to but are not obligated to retain your personal information and other account information to fulfil any legal and regulatory obligations.

The Company reserves the right to cancel or suspend your account and access to the App if we find that:

  • You have violated any provisions of this Agreement;
  • Your conduct is harmful to the Company or any of its Users; or
  • We cease Our business operations for any reason.

If you have been banned from using the App or your account has been restricted or terminated by the Company, you understand that you are strictly forbidden from:

  • Creating a new account with different sign-up information;
  • Try to acquire access to another User’s account;
  • Try to gain access to the app through any other unauthorized mechanism

User Obligations

Social Obligations

Popbox enables our Users to connect with others in the same geographical location by joining the open chatroom. Our hope is to help you build or find a community that enhances your User experience. You do not have to participate in the open chatroom, but should you decide to join in, please understand that as with any community (online or offline) there are some boundaries and we expect our Users to respect them. When you participate in the open chatroom, you agree that you will:

  • Never disclose the personal information of any other App User;
  • Never impersonate another User;
  • Respect other Users who are in this community with you. You understand that they may hold different views from you and you can always make your contribution without being hurtful or offensive towards others. In short, be kind to others;
  • Respect the law and refrain from posting content that violates any law including copyright laws;
  • Help us monitor unhealthy User behaviour by flagging any content that you know to be in violation of these terms or that can be viewed as harassment, abuse, inappropriate, offensive to any individual or group, promoting hate speech or crime;
  • Never post, share or promote any content that is demeaning to a group whether based on race, disability, age, sexual orientation, gender identity or violent, pornographic, sexually explicit, defamatory, suggestive or in any way illegal.
  • We have a zero tolerance policy for Users who intend to use or actually use our app for predatory behaviour including stalking, harassment, bullying or any similar dangerous behaviour.

If we discover that you have violated any of the aforementioned terms, we reserve the right to block your account and take any appropriate legal action to ensure the safety of our App Community.

Obligations towards the Company

You agree that at all times:

  • You will comply with this Agreement and all applicable laws and regulations;
  • You will ensure that you are aware of any laws that apply to you as a User before redeeming any offers through the App.

You must not:

  • Post any content that may be potentially or actually harmful to the Company or any User;
  • Post any content or information that is false, inaccurate, misleading or deceptive in nature;
  • In any way, infringe any User or third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights including but not limited to rights of publicity, confidentiality or privacy;
  • Act in any manner that may lead to violation of any applicable laws or regulation;
  • Post any content that may be deemed defamatory, libelous, threatening or harassing;
  • Post any content that is obscene or contain any material, that we may in our sole discretion deem inappropriate or unlawful;
  • Intentionally or unintentionally cause harm or subvert the function of the Platform by introducing any viruses, trojan horses, time bombs, cancelbots or other computer programming routines that may damage, modify, delete or interfere with any system, data or personal information stored on the Platform;

If we determine, in our sole discretion, that you have breached any obligation under this clause, we reserve the rights to cancel or suspend your account.

Link to third-party websites

The App may include links to third-party websites. If you click on any such link, you may be redirected to third-party websites that is not owned or operated by us. We do not review these third-party websites and assume no responsibility for any content available on such third-party website. We do not endorse nor make any representation about any third-party websites, or any content, products or services available therein, or the results of use of such third-party websites. You are advised to carefully review the terms and conditions and privacy policy of such third-party websites that govern your use of their services. You accept that you visit these third-party sites solely at your own risk.

Identity Verification

We are unable to confirm that Users are who they claim to be. We expressly disclaim any responsibility for the accuracy or reliability of any information provided by Users about themselves or their operation / offer through the App.

Please note that we do not verify the identity of any app User and unable to offer you any assurances that they are who they claim to be. You are strongly advised to exercise caution when interacting with Users whom you do not know. Please take note that we do not monitor any interaction in any public or private forum on the App, however we do provide you the tools to report any abusive behaviour from any User on the App and we will immediately take steps to investigate reported activity.

No Liability for User or Vendor Conduct

If You enter into correspondence or engage in any transaction, interaction or agreement with any other User, whether online or offline, such activity would be solely between You and such other Party. The Company will not be liable or have any responsibility for any such activity.

THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR SHAREHOLDERS DO NOT ASSUME ANY RESPONSIBILITY FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PARTY. YOU HEREBY RELEASE THE COMPANY AND IT DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND SHAREHOLDERS FROM ANY LIABILITY FOR ANY CLAIM, LOSS, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE APP.

Public Areas

The App contain profiles, message boards, offers, public chat areas (“Public Areas”) that allow you to communicate with other Users. You understand that you can only use such public areas to send and receive information that is relevant to the applicable forum. You agree to grant us an unrestricted, worldwide, royalty-free license to use, reproduce, modify and adapt any content publicly posted by you on the Platform for the purpose of including that material and information on another Platform or as otherwise may be required to provide the Service or for the general promotion of the App as we deem fit.

Please note that any and all submissions made to Public Areas will be publicly visible and that you will be publicly identified by your public profile when communicating in Public Areas. You understand that all information posted / uploaded by a User is the sole responsibility of the person the User who posted it; that the Company will not be liable for any errors or omissions in any User Generated Content; and that the Company cannot guarantee the identity of any other Users.

The Company will not be held responsible for the actions of any Users with respect to any information or materials posted in such Public Areas.

Anti-Spam Policy

We do not condone spam. We will review any reported content and accounts on our App and remove those indulging in spammy behaviour such as posting crass advertisements in our community, posting identical copies of the same content (or almost similar content), posting content with misleading descriptions, titles or links in order to manipulate other Users or in any way violating our terms.

Any act of posting or sending unwanted and/or repetitive content will be deemed as spam and we reserve the right to immediately restrict your access to our App.

Indemnity

You agree to release, defend, indemnify, and hold harmless the Company and its founders, affiliates, subsidiaries, and their officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

(i) Your access to the App,
(ii) the violation of these Terms by You, or
(iii) the infringement by You, or any third party using Your account or Username or password, of any intellectual property or other right of any person or entity.

Disclaimer

The App and all information/content is provided to you on an “AS IS” and “AS AVAILABLE” basis without any representations or warranties of any kind, express or implied including but not limited to fitness for a particular purpose and non-infringement.

The Company, and its directors, employees, agents, representatives, suppliers and partners do not warrant that:
(a) the Service will be uninterrupted, error free or completely secure;
(b) available at any particular time or location;
(c) any defects or errors will be corrected;
(d) any content or software available at or through the Platform is free of viruses or other harmful components; or
(e) the results of using the Services will meet your requirements.

You accept that your use of the App is solely at your own risk. The Company reserves the right to withdraw the App from public access at any time for any reason.

Governing Law

This Agreement shall be governed by and construed in accordance with the Laws of Singapore without regard to choice of law principles. Any actions arising out of this Agreement or associated with this Agreement must be brought in the Courts of Law located in Singapore.

General Provisions

Any failure on the part of the Company to enforce any provision(s) of this Agreement will not constitute a waiver of any provision or right under this Agreement. This Agreement and the privacy policy which is included herein by reference constitutes the entire understanding between you and the Company. If for any reason, any provision of this Agreement is found to be void or unenforceable; that provision should be limited to the minimum extent permitted by law and the remaining provisions shall be fully applicable. This Agreement may not be assigned or transferred by you without prior written consent of the Company but the Company may assign or transfer any rights or obligations under this Agreement without your consent. Any assignment in violation of this provision of the Agreement shall be null and void.

Changes to this Agreement

Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any provisions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the App or any content or information made available through the App at any time and without any liability. We will notify you of any of the aforementioned changes by changing the last updated date on top of this page. If you do not agree with any amendments to this Agreement, you must immediately stop using the App. Your continued use of the App following any modifications to this Agreement shall constitute your complete and irrevocable acceptance of any and all such changes.