Terms of Service
This website is operated by Affinite Solutions Private Limited. Salebuilder is a digital product under Affinite Solutions Private Limited. Throughout the site, the terms “we”, “us” and “our” refer to Affinite Solutions and any of our related companies. Affinite Solutions offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. For the avoidance of doubt, any reference to “Service” also includes the products traded and/or sold on this website. For the avoidance of doubt, any reference to “product” has the same meaning as “Service” as defined herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
“Salebuilder” is a digital product under Affinite Solutions Private Limited. Salebuilder provides individuals and businesses (SaaS & Deployment Plan) with a CRM platform not limited to: NFC/RFID technology, communication services, loyalty platform, Promotion generated code, Customisable messaging service, QR Code, Customer Interaction Tracking, Artificial Intelligence (AI) and Machine Learning (ML), Whatsapp API, Market Insights, Manage users, Customized chatbots and integrations with other applications.
“Merchant” means the person or entity who registers to use the Salebuilder Service by creating a brand/merchant account. If an individual creates an account on behalf of their employer, then the employer will be deemed to be the Customer, and will be bound by these Terms.
“Authorised User” means any person or entity that a Customer authorises to use the Salebuilder Service on its behalf. This includes the Primary Admin (as nominated by the Customer) and other employees and personnel of the Customer who are authorised to use the Salebuilder Services on the Customer’s behalf, but also includes support partners and other third parties with whom a Customer shares its Salebuilder account details (and for whose conduct the Customer is responsible).
“Customer” means the person who registers to use the Affinite Solutions Service, for the purpose of engaging in promotional, loyalty and marketing campaigns with Salebuilder and it’s merchant platform including placing any order(s), which are accepted, on the Salebuilder Website (“Website”).
“We”, “Us” and “Our” refer to Salebuilder, Affinite Solutions and any of our related companies
“You” means the Merchant or the Customer (where the context permits) and includes any Authorised Users.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store as it may be from time to time shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website without further notice to you. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Amazon Web Services (“AWS”). The website infrastructure is built on HTML code. That allows us to customize our webpage and its content to sell our products and services to you. You agree to indemnify us from any liability arising from our use of AWS services.
1. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason without further reference or notice to you at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. We will, insofar as it is reasonable, ensure that your personal data and/or information does not contravene the Personal Data Protection Act 2012 of Singapore (“PDPA”).
You agree not to use, reproduce, prepare derivative works from, display, further develop, duplicate, copy, sell, resell, or commercially exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
You may not misuse the App/Website in any way such as by transmitting or distributing any malware or virus, in any form, which is malicious, technologically harmful, in breach of confidence or offensive. Criminal misuse of the App/Website is strictly prohibited. No person may hack into any aspect of the App/Website, corrupt data, infringe any person’s proprietary rights, send unsolicited material or in any way interfere with the performance or functionality of any computer facilities accessed through the App/Website. Any breach of these provisions shall be construed as a criminal act under applicable laws, including under applicable laws and offenders shall be subject to the strict penalties imposed therein.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. USE OF ACCOUNT
As a User, Salebuilder grants you a limited, non-exclusive, non-transferable, revocable licence to use the Salebuilder Services (subject to your business account type) for the purposes of with the individual or Merchant’s business and in accordance with these Terms.
You are responsible for any conduct or activity undertaken in your account (whether online or by calling our support centre), including any changes made, and the input or modification of or access to any data or information in your account, by any of your Authorised Users. In particular, our primary point of contact with you will be your nominated Primary Admin, who will be considered as authorised by you to make changes, give instructions and receive notices on your behalf.
You are an Authorised User using or accessing the Salebuilder Services for the benefit of a Customer, then you are responsible for ensuring you have the right to do so from the relevant Customer (including all necessary authorisations to access, amend or remove data, or make changes to the Customer’s account); or
You are a Customer, then you are responsible for authorising use or access of the Salebuilder Services by an Authorised User and will indemnify Affinite Solutions against any claims or loss relating to any Authorised User’s use of or access to your account.
We will have no responsibility to anyone other than the Customer, and the Salebuilder Services and these Terms are intended solely for the benefit of the Customer and not for any Authorised User(s).
3. PAYMENT TERMS
For Salebuilder SaaS, customers would sign up directly from the website. They must first click on the “sign up” or “buy now” button and thus indicate the plan and payment tenure of choice (monthly or annually). After which, customers would then need to fill in information (Name, email, phone number, company logo (if any), type of business (freelance, sold-proprietor or company limited by shares) and etc.).
Payment will be made by credit card/debit card and tokenisation of card means that the plan is auto renewable.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You shall hold us harmless and indemnify us for any contravention of laws or unauthorised purposes arising from your use of our Service.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
4. PLACING ORDER, DEPLOYMENT, PAYMENTS, COMPLETING ORDER AND ORDER CONFIRMATION
To place an order on Salebuilder, Merchants will have to go through the order process on the Website or via Email to Salebuilder representative Salebuilder@affinite.co. Interested Indiviudals have the ability to make payments in exchange for Products/ Services according to the price listed on the Website. When you as a Customer makes an Order and decides to make payment via Salebuilder process, Salebuilder offers you several options for making payments. Customers can pay using:
Salebuilder’s third party payment gateway partners
Cash on delivery
Customers using e-gift cards, wallet credit or promotional vouchers under Affinite Solutions approval and acknowledgement may also choose to pay only a part of a total price
After completing the process, Merchants will receive an Order Confirmation message through e-mail and/or SMS which will act as an acknowledgement of the Order.
Salebuilder initial set up - Account opening and initial onboarding. Salebuilder representatives will get in touch with Merchants or Interested individuals to fulfil the order.
Salebuilder Deployment - Upon account opening, Users will be able to set up their customer landing page and confirmation message. One full size stand and one counter stand with QR code.
Payment Terms that are listed here govern the rights of Customers, Merchants, and Salebuilder throughout the activities involved within and/ or related to the App and Website. All monetary transactions made on Salebuilder’s Website are handled and processed by Salebuilder and Salebuilder’s third party partners who take serious measures in minimizing unauthorised access to address all safety and privacy concerrns related to your payment information, according to the following Terms of Service. Cards are subject to validation checks and authorisation by card issuers. If the required authorisation is not received, then there may be no completion of respective Order or delivery, or significant delays, in delivery of the ordered product and neither Salebuilder, nor its merchants will be liable for the same, we will however suitably notify you regarding the same.
We will gladly answer any questions regarding Products/ Services listed on the Website, please contact email@example.com and we will help to the best of our abilities.
5. TERMINATION, SUSPENSION AND CANCELLATION OF ACCOUNT
Affinite Solutions have to right to terminate any account that has been misued or deemed to be infringing on state laws with immediate effect. If an account has been terminated in this circumstance, a refund will not be made regardless of the unused months within the service plan.
We may also cancel or suspend your account immediately if, in our sole discretion:
you have committed a material or persistent breach of these Terms or any other terms applying to your use of the Salebuilder Services;
we consider that provision of the Salebuilder Services, or use of them, in your territory or jurisdiction will or is likely to breach any applicable law;
we decide to withdraw the Salebuilder Services from your territory or jurisdiction altogether; or
Misused of platform
you fail to comply with any limits or restrictions (eg, on the number of users, registers or transactions) applicable to your Salebuilder plan.
You are entitled to cancel your account with Salebuilder at any time. You may cancel your account by following the prompts when you are logged into your account through the Website. If you cancel your account before the end of your current paid up month or year, your cancellation will take effect immediately and you will be entitled pro-rated refund of Fees paid in advance (unless we agree otherwise).
Customers/users may choose to terminate the auto-renewal by sending an email to a Salebuilder Representative at firstname.lastname@example.org. For any termination of service request after the renewal date, the same cancellation policy will be implemented.
For plans paid annually, the refund will be prorated according to the number of months remaining in the annual plan.
Cancellation of Monthly and/or Annual Payment Refund:
If you cancel your account or decided to stop the renewal before your next billing cycle, there will be no charge to your next billing cycle. However, if you cancel your account after your billing cycle, there will be no refund.
If you cancel your account before any purchase of materials for the selected salebuilder services and/or solutions, you will be entitled to the full amount of refund. If you cancel your account after purchase of materials, the refund will be subject to a case-by-case basis. The service fee incurred by the company is $200 SGD. Subject to a case-by-case basis, there may be cost incurred during the process, to be borne by the Customer. We will take into account the administrative, transportation, logistic, and printing cost involved, and you agree that you may not receive the original full amount.
If your account is cancelled, your account will be deactivated and all of your rights granted under these Terms will immediately come to an end (except to the extent that it is necessary for them to continue in respect of our ongoing storage of your data up to the date of permanent deletion). We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is exported, backed-up or replicated before cancellation.
This account may be reopened or terminated, following the result of an internal investigation.
6. FEES & TAXES
The fees charged for use of the Salebuilder Services are set out on the Website (or as notified to you in the case of some exclusive plans) (“Fees”) and are subject to change. We can change the Fees, and/or introduce new pricing packages and terms, at any time by giving you 30 days’ prior notice (by email to your Primary Admin or by displaying a message the next time you use the Salebuilder Services). The new Fees or pricing/package terms will apply to you from expiry of that notice, unless you choose to cancel your account before the changes take effect. Also, the new Fees will apply to you immediately if you choose to change your plan/package (or if you reactivate your plan after cancellation). Fees are charged in advance on a monthly or annual basis and are non-refundable, including if you only use part of a month or year’s subscription for the Salebuilder Services.
If you are late in paying any Fees, we may charge a late fee of the greater of USD$20 (excluding GST, if any) or up to 1.5% of the unpaid Fees.
If you are carrying out a free trial of the Salebuilder Services (as offered on the Website), the free trial will begin on the day that your account is opened and end of the published trial period. If you wish to continue to use the Salebuilder Services at the end of the free trial period, you will need to provide valid credit card details (unless you choose to use any free Salebuilder Services which we may offer from time to time). If you choose not to continue with the Salebuilder Services, then your account (and all data associated with it) will be deleted after the end of your free trial. Data will be deleted after 30 days following the end of your free trial, unless we’re required to retain it for longer under applicable law.
All Fees are exclusive of all taxes and you are responsible for any taxes that may arise. You indemnify and hold Affinite Solutions Private Limited and its business related companies harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest. If you are required to withhold or deduct tax from the Fees, you will pay Salebuilder such additional amounts as are necessary to ensure receipt of the full amount which would have been received but for the deduction.
If you are located outside of Singapore, then payment of your Fees could incur additional bank fees at the discretion of your bank. Bank fees may be charged for currency conversion and international settlement; and your charge may still be subject to additional fees even if you are being charged by Salebuilder in your local currency. If your credit card statement charge differs from your Salebuilder invoice, please contact your bank in the first instance. Affinite Solutions Private Limited and its business related companies is not liable for any additional bank transaction fees that may be charged.
7. USER PLANS LIMIT AND REASONABLE USE
Salebuilder Service is available in a range of packages/plans (SaaS & Deployment Plans), giving you options including in relation to the number of Accounts and Users you can have, the number and contacts you can process on the Salebuilder Service and the features and services you have access to, and the Fee you pay, as described on our Website from time to time (or as notified to you, in the case of some exclusive plans). We may update those plan limits at any time (eg, by increasing, reducing or removing limits) by updating the plan descriptions on our Website (or as notified to you, in the case of some exclusive plans). You’ll be expected to comply with the updated plan limits from the next time you use the Salebuilder Service. You agree that we may use information generated by your use of the Services (eg, No. of contact sharing and usage of account) for the purposes of determining the most appropriate plan and pricing for you.
We reserve the right to suspend or restrict your account or your use of the Salebuilder Service, or disable any third party integrations you have, where we believe that your use isn’t fair or reasonable or that it may cause degradation of the Salebuilder Services to other users. This includes circumstances where your use (or integration of your account with a third party) is creating a security or availability risk for Salebuilder or our other customers, is impacting (or may impact) the stability or performance of our systems, or is requiring disproportionate resource to deliver (eg, in terms of storage or processing requirements, support requests or helpdesk queries).
Salebuilder cannot be used to support or illicit any illegal businesses or services as state out by the laws of the Republic of Singapore. Furthermore, user must abide by PDPA laws and must ensure that direct expressed consent must be given by all contacts before a material or message is transmitted over the platform. If any Affinite Solutions finds an account is suspected of infringing on this policy, it reserves the right to terminate the account with immediate effect without refund.
Please don’t use Salebuilder to distribute anything offensive, to promote anything illegal, or to harass anyone. You may not use Salebuilder to create, send, display, advertise, or sell (as applicable):
Illegal goods or services
Emails that violate the CAN-SPAM act or other anti-spam laws
Pornography/sexually explicit content
Campaigns promoting or supporting terrorism or violent extremism
Counterfeit products or products that infringe the intellectual property rights of others, including trademark, copyright, design or patent rights
Products claiming to prevent, treat, or cure COVID-19 that are not approved or authorized for emergency use by regulatory or public health agencies, such as the FDA in the U.S.
Products that are in demand due to COVID-19 with excessive pricing, price gouging, or deceptive pricing practices or in demand due to COVID-19 and prohibited by applicable law
Some industries have higher-than-average abuse complaints, which can jeopardize deliverability. In order to maintain the reliability of our platform, we do not allow businesses that offer these types of services, products, or content:
Escort services, mail-order bride/spouse finders, international marriage brokers, and other similar sites and services
Hookup, swinger, or sexual encounter sites or services
Work-at-home scams, make money online, and lead generation opportunities
Gambling services or products
Credit repair and get out of debt opportunities
List brokers or list rental services
Selling “Likes” or followers for a social media platform
Cryptocurrencies, virtual currencies, and any digital assets related to an Initial Coin Offering
Content Subject to Additional Scrutiny
We’ve also found that certain types of content may cause higher-than-average abuse rates. For that reason, we may closely review accounts that offer the following services, products, or content:
Online trading, day trading tips, or stock market related content
Daily horoscope reports
Mortgages and loans
Nutritional, herbal, and vitamin supplements
Adult entertainment/novelty items
Online dating services and applications (dating sites or services with a sexual emphasis or sexually explicit content – including images depicting nudity – are not permitted)
Services that support programmatically sending mail on behalf of third parties without creating or reviewing the content
Products in demand due to COVID-19 and regulated by applicable law
If we identify abuse in our sole discretion, we may suspend, throttle, or disable the account.
Include in your Campaigns, Websites, Ads, or account or sell in your Store any material that wasn’t created by you, provided for you to use, or that would violate anyone’s rights. That includes text, photos, graphics, and other content.
Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information in the Service or in any Campaigns created, managed, or sent using our Service.
Share your password.
Decipher, decompile, disassemble, or reverse engineer any of the Software.
Use any of the Software to create a competing product.
Set up multiple accounts for any person or entity in order to send similar content, unless you’re part of a franchise or agency.
Import or incorporate any of this information into any account, audience, emails, or otherwise upload to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information.
Send Campaigns that will be delivered to recipients as text, SMS, or MMS messages unless using a feature designed for that purpose.
Upload or send email Campaigns to purchased, rented, third-party, co-reg, publicly available data, or partner lists of any kind.
Send or forward personal mail.
Send content created in Salebuilder through another service.
Sell or offer to sell any counterfeit products or products that infringe the intellectual property rights of others, including trademark, copyright, design or patent rights.
As a CRM platform with marketing features, we feel it’s our responsibility to be extra vigilant in preventing abuse of our services to protect both our customers and their contacts. It’s also in our best interest to keep the platform clean because our reputation and deliverability depend on it. For that reason, we provide, and may update from time to time, articles outlining best practices in our knowledge base. For example, we offer guidelines about audience permission and best practices. You may only use Salebuilder in accordance with these best practices, and we may suspend or terminate your account if you violate them.
8. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
9. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without any notice to you at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
10. PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
11. RIGHTS OF CUSTOMER DATA
Customer acknowledges and agrees that Salebuilder may store, use, reproduce, modify, and transfer to its subcontractors, Customer Data, including Personal Data, solely in connection with delivering the Services under this Agreement. Customer further acknowledges and agrees that Salebuilder may store, use, reproduce, Modify, and transfer data that is not related to an identified or identifiable natural person, including aggregated or de-identified data, without limitation, for its internal business purposes, including but not limited to such purposes as analytics, quality assurance, product and service improvement, and new product and service development. Customer agrees to cause any Administrative User, Customer’s Client, and Merchant to agree to the terms.
12. MERCHANT RESPONSIBILITIES
Merchant Accounts. Upon Merchant’s request, Salebuilder will issue one or more administrator accounts (the “Administrator Accounts”) to Merchant that provides Merchant with the capability to create accounts for use by individuals who are an employee or contractor of Merchant and that Merchant wishes to have access to and use of the Salebuilder Platform (each, an “Administrative User”). Merchants will ensure that Administrative Users only use the Salebuilder Platform through their Merchant Account. Merchant will not share the Administrator Accounts with any other person and will not allow Administrative Users to share their Merchant Account with any other person. Customer will promptly notify Salebuilder of any actual or suspected unauthorized use of the Salebuilder Platform. Salebuilder reserves the right to suspend, deactivate, or replace any Merchant Account or Administrator Accounts if it determines that the Merchant Account or Administrator Account, as applicable, may have been used for an unauthorized purpose.
Merchants are responsible for maintaining the privacy and security of their accounts. Salebuilder will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
Use Restrictions. Customer acknowledges and agrees that it is responsible for the activities and communications of all Administrative Users and users on the Salebuilder Platform, and the compliance by all Administrative Users, Merchant’s Clients and users with this Agreement, and any guidelines and policies published by Salebuilder from time to time.
The Merchant is fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You are responsible for all Content send and activity that occurs under your account (even when Content is sent by others to your account).
13. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy (Section 4) or contact us via email@example.com for more information
14. WHATSAPP & USAGE POLICY
The Merchant shall adhere to all the terms & conditions set by WhatsApp at all times. WhatsApp may update WhatsApp Business Policy without notice; by continuing to use the WhatsApp Business Products after such change, Customer consents to such changes.
The Merchant is not in violation of the WhatsApp Commerce Policy, and not in any of the restricted industries. https://www.whatsapp.com/legal/commerce-policy/
WhatsApp may add limits to businesses on the number of messages to send per day. All Customers must adhere to this Messaging Limit (https://developers.facebook.com/docs/whatsapp/api/rate-limits)
WhatsApp has the absolute discretion to review, approve or reject any Message Templates (as defined in WhatsApp documentations) at any time.
Merchant agrees to ensure full compliance with WhatsApp Policies regarding sending of messages
WhatsApp does not offer a way to be notified when a user has blocked your sender, or to retrieve a list of users who have blocked you.
Any violation of these WhatsApp policies may lead to suspension of the number by WhatsApp. WhatsApp has absolute discretion to limit or remove Merchant’s access to or use of the WhatsApp Business Products if Merchant receives excessive negative feedback, causes harm to WhatsApp or WhatsApp’s users, or violates or encourages others to violate our terms or policies, as determined by WhatsApp in our sole discretion. If WhatsApp terminates your account for violations of relevant WhatsApp Business terms or policies, WhatsApp may prohibit Merchant and Merchant organization from all future use of WhatsApp products.
Salebuilder shall take no responsibility in case of any such violations. Any additional charges arising due to this shall be borne by the Merchant.
15. WHATSAPP ONBOARDING & VERIFICATION TERMS
WhatsApp imposes reviews, such as Facebook business verification
(https://www.facebook.com/business/help/2058515294227817?id=180505742745347) to ensure the quality of businesses using WhatsApp products. These requirements are prerequisites to use WhatsApp Business API, and Salebuilder. WhatsApp has absolute discretion to approve Merchant’s usage of WhatsApp products. Salebuilder will assist with the application and submission process.
By using Salebuilder, Merchant agree to the setup for WABA and WhatsApp business API, and will provide all the prerequisite documents as required by Whatsapp & Facebook.
16. WHATSAPP MESSAGE POLICY
WhatsApp may change acceptable message types and related policies at their absolute discretion at all times.
The Merchant may only initiate chats if you are sending a transactional notification, and only via approved Message Templates (as defined in WhatsApp documentation), subject to applicable pricing. Any Message Templates must comply with WhatsApp’s terms, and only be used for their designated purpose. WhatsApp has the right to review, approve and reject any Message Template at any time. — Merchant acknowledges that they are responsible for the variable Message Template costs, billed by Salebuilder.
If a person initiates a chat with Merchant, you may continue that conversation via WhatsApp for up to 24 hours after the last message sent to you by that person without charge (“Customer Service Window”). Outside of the Customer Service Window, Merchant may only send messages via approved Message Templates, for which Salebuilder will bill and charge Merchant the applicable rate.
Merchant may use automation when responding during the Customer Service Window, but must also have available prompt, clear, and direct escalation paths to human agents.
17. OPTIONAL TOOLS/FEATURES
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools on a ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. You shall hold us harmless and indemnify us from any liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools/features offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
You acknowledge that Salebuilder may use third party suppliers to provide hardware, software, networking, connectivity, storage and other technology in order to provide the Salebuilder Services. The acts and omissions of those third party suppliers may be outside of Salebuilder’s control, and Salebuilder does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier, save as otherwise expressly set out in the Agreement or in writing between the parties.
On behalf of itself and such third party suppliers, Salebuilder excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools, features and resources). Such new features and/or services shall also be subject to these Terms of Service.
18. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
19. THIRD-PARTY INTEGRATION PARTNERS
You acknowledge that in the provision of certain optional features and services, Salebuilder, on receipt of instructions from you, may be required to transfer certain data held in your Salebuilder account to, and otherwise interact with, third party partners who provide services that you have elected to integrate with the Salebuilder Services (“Third Party Integration Partners”).
Whatsapp messages being broadcast or blasted that are user-initiated, must be approved by Metaverse and adheres to its guidelines.
You agree that if and to the extent such data transfer occurs, it is on your express election and instruction by virtue of you agreeing to use the Third Party Integration Partner’s services. You are solely responsible for compliance with all applicable laws (including applicable data protection laws) in respect of the transfer of the data by Salebuilder to the Third Party Integration Partner, and for entering into separate contractual agreements with the Third Party Integration Partner. Salebuilder is in no way liable for the provision of the services or the handling and processing of any data by the Third Party Integration Partner. For the avoidance of doubt, such third parties are not Salebuilder’s sub-processors for data protection purposes.
20. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
21. PERSONAL INFORMATION
22. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
23. PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service in Section 7, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses without further reference or notice to you. For the avoidance of doubt, we shall not be in any way responsible or a party to your violation of any of the prohibited uses.
24. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. You shall hold us harmless and indemnify us from any such interruptions and/or disruptions from the said use of our Service.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You shall hold us harmless and indemnify us from any such results which may be inaccurate and/or unreliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without further notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Affinite Solutions, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless and indemnify Affinite Solutions, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
26. PERSONAL DATA PROTECTION ACT (PDPA)
We will, insofar as it is mandated by law under the PDPA and/or it is reasonable, ensure that our obligations and processes are maintained and adhere to the PDPA. Subject to the exceptions referred to in section 21 of the PDPA, you have the right to request access to a copy of your personal data which we may hold about you or information about the ways in which we use or disclose your personal data.
We understand that our product is developed with the intention of transferring basic particulars of a user (as with the details in a physical name card). In the event of any breach, misuse, exploitation, or error of the information contained in our product, you shall hold us harmless for any liabilities, claims, damages, and costs arising out of, or in connect with, the use of the product.
We will maintain appropriate administrative, physical and technical organizational measures to protect the security of the data or content that you input into the Salebuilder Services.
You are responsible for complying with all applicable data protection laws in respect of your use of the Salebuilder Services and with regard to any instructions you issue to Salebuilder with regard to the processing of personal data you provide to Salebuilder through the Services. In particular, you must ensure you have properly informed and obtained all necessary rights, authorizations or consents from any end-users, consumers, personnel or other individuals to whom the data relates, to enable Salebuilder to lawfully access their personal data under these Terms and to process their personal data outside of their country of residence.
27. DATA RETENTION
In the event that an account has been expired or terminated regardless of the reason for being so, all data (both customer and user data) will be deleted from the system permanently after a period of 30-days unless applicable laws or regulations require Salebuilder to retain the data for a longer period. To the extent that we continue to hold the data, it shall be securely isolated and protected from further processing except to the extent required by applicable law.
28. MERCHANT DISPUTES
If there is a dispute between the parties in relation to these Terms (or any previous version of them), either party must give the other party notice of the nature and details of the dispute, and neither party will commence any court or arbitration proceedings until the procedure described in this section has been complied with.
Should Salebuilder not being able to perform the request within (30) business days after receiving it, Salebuilder must inform the customer in writing via email on the time by which the Salebuilder will be able to perform their request. If Salebuilder is unable to perform any request requested by merchant, the service provide shall generally inform merchant of the reasons of which.
If the dispute is not resolved within (30) Business Days of receipt of the notice of dispute, either party may by notice to the other party refer the dispute to mediation. The mediation will be in Singapore.
If the dispute cannot be resolved through mediation, then either party may refer the dispute to binding arbitration. The arbitration will be in Singapore and the results of the arbitration shall be non-appealable and binding on both parties.
Customers may unsubscribe from the platform at any point of time by replying UNSUB or they may contact Salebuilder directly at firstname.lastname@example.org.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
32. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
33. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore.
34. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
35. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com
Last updated: 05 September 2022