Voucher Terms of use

Genesis Mall Content Terms of Service (“Terms”)

Introduction

These Terms apply to all Users, including Users who access, upload or view Livestream Content (as defined under Section 12 (Definitions)), content generated by either a Buyer or a Seller and is uploaded or viewed on the Genesis Mall Platform (“User Generated Content”), and content that is generated by any third party commissioned or hired by Genesis Mall to generate such Content (“Professionally Generated Content”).

1.1 By accessing the Genesis Mall Platform, you consent and agree to be bound by:

(a) these Terms;

(b) the Genesis Mall Terms of Use at https://www.genesismall.com.sg/terms-of-use/; and

and any amendments, revisions, updates or modifications to the foregoing made by us
from time to time.

1.2 We may amend, revise, update or modify these Terms at any time (“Changes”). Changes will be effective when posted on the Genesis Mall Platform with no other notices provided and you are deemed to have agreed to the Changes upon their publication on the Platform. You must periodically review the most up-to-date Terms at https://www.genesismall.com.sg/terms-of-use/.

1.3 You affirm that:

(a) you are either older than 18 years of age and are fully able and competent to enter into these Terms; or

(b) you are the parent or legal guardian of the person using the Genesis Mall Platform and agree to these Terms and will ensure that the person using Genesis Mall Platform abides by and comply with these Terms.

1.4 If you are under the age of 18, you must obtain permission from your parent(s) or legal guardian(s) to open
an account on the Genesis Mall Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms on the minor’s behalf and you will be responsible for the minor’s actions, and you will be responsible for any charges associated with the minor’s use of the Genesis Mall Platform or Services. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Genesis Mall Platform or Services.

Using the Genesis Mall Platform

2.1 The Genesis Mall Platform allows Users to upload User Generated Content in the form of: (a) general comments on the Genesis Mall Platform; (b) product reviews; (c) product recommendations; (d) ‘Before & After’ effects of products; (e) short videos; (f) how to use products guides; (g) livestreams; and any other feature, tool or mechanism we release on the Genesis Mall Platform. User Generated Content will be published on the Genesis Mall Platform and will be available to Users.

2.2 You acknowledge and understand that we only provide a platform for Users to upload Content. You agree that you access the Content at your own risk and that any decision you make to view, or access the Content or any product or service you sell or purchase as a result of viewing, or accessing the Content is entirely between you and the Content provider. You are solely responsible and shall be liable for all Content you upload or otherwise make available on the Genesis Mall Platform.

2.3 The Genesis Mall Platform may contain links to third party websites that we do not own or control. We have no
control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the contents of any third-party site. By using the Genesis Mall
Platform, you expressly relieve us from any and all liability arising from your
use of any third-party website.

2.4 We reserve the right to decide which Users will be permitted to access any of the features offered by the Genesis Mall Platform (including viewing the Content contained in the Genesis Mall Platform or uploading the Content into the Genesis Mall Platform). You are prohibited from using another person’s account without authorisation. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may be liable for the losses or damages we or other third parties suffer due to any unauthorized use of your account.

2.5 You will comply with all applicable laws, regulations, policies or guidelines and obtain all regulatory clearances
necessary (eg any applicable permits or approvals you may require to display advertisements of products) prior to
uploading any Content to the Genesis Mall Platform.

Your Content

3.1 You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions
to publish Content you submit; and, except for the Livestream Content, you license to us all patents, trademarks, trade secrets, copyright or other proprietary rights in and to such Content for publication on the Genesis Mall Platform pursuant to these Terms.

3.2 By uploading Content to the
Platform, you confirm that you own the copyright material to the Content. If
the Content contains third party copyrighted material which you do not own,
please obtain the copyright owner’s permission prior to uploading, sharing or
distributing the Content to the Genesis Mall Platform.

3.3 Except for the Livestream Content, you retain all of your ownership rights in your Content. However, by using the Genesis Mall Platform, you grant to us a worldwide, non-exclusive, royalty-free, sub-license able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and/or perform the Content in connection with the Service and our (and our parent company’s successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

3.4 Genesis Mall will retain all ownership rights to all Livestream Content uploaded to the Genesis Mall Platform. This means we will own any Livestream Content you create and we will be able to use your Livestream Content (including deleting the Livestream Content, using, reproducing, distributing, preparing derivative works of, displaying, performing the Content, promoting and/or monetising the Livestream Content) in any way without consulting you.

3.5 You hereby assign, grant and deliver exclusively to Genesis Mall all rights, titles and interests of every kind and nature whatsoever in and to the Livestream Content, and all copies and versions, including all rights related to and necessary for licensing and merchandising, including rights of privacy and publicity. You further agree to execute and deliver to Genesis Mall, if necessary, all relevant instruments and documents as Genesis Mall from time to time reasonably may request for the purpose of establishing, evidencing, enforcing, or defending its complete, exclusive, perpetual, and worldwide ownership of all rights, titles, and interests of every kind and nature whatsoever, in and to the Livestream Content.

3.6 You also grant each User of the Genesis Mall Platform a non-exclusive licence to access your Content through the Genesis Mall
Platform, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Genesis Mall Platform and under these Terms.

3.7 The above licenses granted by you are perpetual and irrevocable.

3.8 You further agree that the Content you upload on the Genesis Mall Platform will not contain third party copyrighted material, or material that is subject to other third party intellectual property or other proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to us all of the license rights granted in these Terms.

3.9 Genesis Mall does not in any manner whatsoever endorse any Content uploaded to the Platform or in using the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content.

Prohibited Content

4.1 You agree not to upload or otherwise make available any Prohibited Content.

4.2 Without prejudice to the generality of the foregoing, you are to comply with the following restrictions:
(a) No offensive content, such as defamatory content, content involving violence, cruelty, nudity, sex, sexual deviancy, pornography, sexual degradation, solicitation of prostitution, offensive language, crude references or hate speech; or content which is indecent, obscene, false or offensive in character, regardless of whether there is malice or intention to annoy, abuse, threaten or harass any person.

(b) No content which is unsuitable for users aged 18 and below.

(d) No content involving references to physical, mental or sensory disability.

(e) No content which encourages the public to engage in or promote unlawful acts, violence, selling or consuming narcotics, psychotropics or other addictive substances.

(f) No inflammatory, subversive or seditious content, such as content which incites or promotes conflict against the country or any state, its constitution, government or laws; or incites or promotes conflict between groups, ethnicities, races, religions or genders, or degrade religious or cultural beliefs.

(g) No content involving gambling, such as games, lotteries, horse-racing, sports betting, astrology, geomancy, palm reading or any other type of fortune-telling device.

(h) No content involving minors without the written consent of such minor’s parent or legal guardian.

(i) No content relating to or promoting content prohibited or banned under any law.

(j) No content which infringes intellectual property rights or causes confusion on the relationship with other organisations or individuals.

(k) No content involving the impersonation of organisations or individuals without such organisations’ or individuals’ written consent.

(l) No content violating data protection laws and intellectual property laws.

(m) No content which is misleading, false or deceptive (for example, content which is misleading as to the price of the product sold and content which makes false claims that the goods are limited or will come with free gifts).

(n) No content which contains words like, or are similar to, “best”, “the best”, “number one”, “proven”, “top-grade” unless these are permitted under applicable laws, regulations, policies or guidelines.

(o) No content which directly compare the prices, quality and efficiency of your products against other products unless permitted under applicable laws, regulations, policies or guidelines (for Sellers).

4.3 If your Content involves the use of physical stunts (for example, where it carries a risk of injury or damage whether to property or person), you must ensure the words “Do Not Attempt” or words of similar meaning are prominently featured on the Content.

4.4 We do not permit copyright infringing activities and infringement of intellectual property rights on the Genesis Mall Platform, and we will remove all Content if properly notified that such Content infringes on another’s intellectual property rights, in accordance with applicable laws on intellectual property rights.

4.5 We reserve the right to remove any Content without prior notice to you or providing any reason for such removal.

4.6 You agree that Genesis Mall shall not be liable in any manner whatsoever for any losses or damage suffered in any way as result of genesis mall’s exercise of its discretion to remove Content.

Specific User Conditions For Live Streamed Content

5.1 Only Presenters (including Users or Sellers who want to present in person while live streaming) may appear or otherwise feature in your Live Streamed Content. An application must be made by the Presenter through the Seller Centre or through the Genesis Mall mobile application, or as specified by us, and acceptance is at our sole and absolute discretion.

5.2 Presenters must meet the conditions we provide when applying for the position of Presenter. We may revise these conditions from time to time. Presenter applications shall be governed by the conditions in force at the time of application, regardless of whether such Presenter applications are new or re-applications.

5.3 Presenters must comply with these terms and conditions or other policies we may release. Presenters must not incite, promote or condone breaches of such terms.

5.4 If we have determined that a Presenter has failed to comply with these terms and conditions or any of our policies, or for any other reasons deemed necessary by Genesis Mall, the Presenter must immediately comply with our instructions, including immediately terminating or removing the Live Streamed Content, taking down all saved Live Streamed Content and publicly inform other users on the Genesis Mall Platform of the Presenter’s failure to comply. Genesis Mall also reserves the right to immediately terminate any Live Streamed Content at any time in its ultimate discretion, without giving any reasons.

5.5 Where a Presenter is authorised by a Seller to feature in Live Streamed Content, the Seller will be liable for the acts, defaults and neglects of the Presenters, employees or agents of the Presenters as if they were the acts, defaults or neglects of the Seller, and will remain at all times principally responsible to us for its obligations under these terms and conditions.

5.6 Genesis Mall reserves the absolute discretion to revoke or terminate the status of a Presenter and the right to appoint or determine a Presenter.

5.7 Presenters must also ensure Users who participate in Live Streamed Content interactions comply with the policies we may release. Presenters must not incite, promote or condone breaches of such policies by such Users.

5.8 Presenters shall be neatly dressed during the live-stream, and avoid wearing inappropriate clothing (such as clothes which are vulgar or obscene, degrade religious or cultural traditions, or feature offensive language). The overall dress should be clean, tidy and professional, with specific requirements as follows:

(a) Presenters shall not wear clothes which reveal sensitive areas of the body, including only wearing undergarments;

(b) Presenters shall not wear the uniform or dress of government bodies, armed forces or any organisation.

5.9 Only feature audio-visual content including songs and videos permitted under applicable laws, regulations, policies or guidelines, including the following:

(a) laws on personal data protection;

(b) laws on intellectual property protection;

(d) laws on film censorship;

(e) content laws; and

(f) consumer protection laws.

It is the User’s responsibility to ensure that their content complies applicable laws, regulations, policies or guidelines and any amendments which the respective regulators have introduced in the applicable laws, regulations, policies or guidelines. Note that audio-visual content with sexual themes are strictly prohibited at all times.

5.10 Do not display items with inflammatory or offensive elements, including but not limited to items which are sexually suggestive, undermine religious or racial harmony, which make reference to disabilities or which degrade national themes.

5.11 Do not promote or endorse unlawful acts such as drugs, gambling or gun possession.

5.12 Do not perform high-risk stunts or activities.

5.13 Do not display or focus on nudity or sensitive parts of the body such as the chest, buttocks and groin.

5.14 Do not promote or endorse organisations promoting unlawful pyramid schemes.

5.15 Do not self-abuse or attacks others (including but not limited to alcoholism, self-harm, suicide, mutual abuse, animal abuse, ingesting items which cause harm (such as living things, dead objects or inanimate objects).

5.16 Do not live stream in sensitive locations like hospitals, cemeteries, childcare centres, schools or government buildings.

Software Licence and Proprietary Rights of Genesis Mall

6.1 All intellectual property rights, whether registered or unregistered, in the Genesis Mall Platform, which includes any Professionally Generated Content or information content on the Genesis Mall Platform and all the website design, trademarks, logos, text, graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Genesis Mall Platform are protected under applicable intellectual property laws.

6.2 The Genesis Mall Platform, Intellectual Property and Contents, or any part thereof, shall not be copied, reproduced, distributed, licensed, transferred, published, in any form, or otherwise dealt with in any manner, except as expressly permitted by the Terms. You shall not disassemble, decompile or reverse engineer the Genesis Mall Platform.

Restrictions In using the Genesis Mall Platform

7.1 Genesis Mall hereby grants you a non-exclusive, non-transferable, and revocable right to use the Genesis Mall Platform as set forth in these Terms provided that you refrain from doing any of the following if you use the Genesis Mall Platform:

(a) download or record the Content unless you see a “download” button or hyperlink to download the Content displayed by Genesis Mall on the Genesis Mall Platform; make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Genesis Mall Platform or any Content, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works;

(b) distribute, license, transfer, or sell, in whole or in part, any of the Genesis Mall Platform or any derivative works;

(c) use the Genesis Mall Platform, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

(d) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Genesis Mall Platform;

(e) intimidate, abuse, annoy or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(f) use or attempt to use another’s account, service or system without authorisation, or create a false identity on the Genesis Mall Platform;

(g) use the Genesis Mall Platform in a manner that may undermine the purposes of the Genesis Mall Platform, such as trading reviews with other users or writing or soliciting fake reviews;

(h) use or launch any automated system, including without limitation, “robots,” or “spiders,” to upload, transmit, distribute, store or otherwise make available in any way files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or to obtain access to any portion of the Genesis Mall Platform that we do not expressly authorise you to access. You also cannot use any automated system or software which may overwhelm the servers of the Genesis Mall Platform or Genesis Mall Content Service in any way, including, but not limited to causing a Distributed Denial-of-Service Attack on the Genesis Mall Platform or Genesis Mall Content Service.

(i) bypass the internal workings (including security features) of the Genesis Mall Platform (including changing the coding or interface of the Genesis Mall Platform or Genesis Mall Content Service);

(j) “doxing” other users on the Genesis Mall Platform, including revealing the personal information of other users (including names, email addresses, addresses and phone numbers);

(k) promote products sold on websites other than on Genesis Mall;

(l) permit or engage in any fraudulent behaviour against Users, Genesis Mall or third parties, including using bots or technology to increase views, followers or sales or manipulate or falsify data;

(m) promote or facilitate the sale of counterfeit goods or goods infringing the intellectual property rights of third parties; and

(n) upload, share or distribute Content which may affect other Users’ use of the Genesis Mall Platform, Genesis Mall Content Service, or the goodwill or reputation of Genesis Mall.

What We Can Do If You Infringe These Terms

8.1 You agree that the measures set out in this clause shall apply where the relevant provision of the Content on the Genesis Mall Platform or use of the service violates applicable laws or these Term, and you agree this is without prejudice to Genesis Mall’s other rights and remedies under these Terms or in law. The measures include:

(a) the immediate removal of the Content;

(b) the deletion of any or all saved Content;

(d) banning you from the Genesis Mall Platform or use of the Service for a specified time period or permanently; or

(e) taking any other actions against you or any accounts that you may have registered with Genesis Mall.

8.2 We may remove any Content you upload to the Genesis Mall Platform or disable other people from accessing any Content you upload to the Genesis Mall Platform for any reason whatsoever including:

(a) where we deem the Content to be Prohibited Content, at our absolute discretion;

(b) where we have received any request from any authority to remove the Content;

8.3 While you own your Content, you agree that we will have a right to modify your Content (including splicing, cropping or otherwise editing your Content) and distribute your Content (whether modified or otherwise) without your permission. You also grant Genesis Mall a worldwide, non-exclusive, royalty-free, sublicensable and transferable perpetual licence to use, keep, recreate, duplicate, share, display or prepare derivative works of your Content (modified or otherwise) for any purpose.

8.4 When you upload Content into the Genesis Mall Platform, you permit us to disclose your identity (including all details you have shared with us when you open your account on the Genesis Mall Platform) to other third parties.

Your Personal Data

Your personal data will be processed according to the Privacy Policy.

Indemnity

You are responsible for any loss or damage we may suffer as a result of your breach of these terms and conditions. You also agree to defend, indemnify and hold us and our related companies, officers, directors, employees and agents, from and against any and all claims, losses, liabilities, arising from your use of and access to the Genesis Mall Content Service or Genesis Mall Platform or from your breach of these terms and conditions. We may also assume control of any matter subject to indemnification by you and you must work with us in making available any defences and indemnify us for any legal fees we may incur.

Limitation of Liability

11.1 The Genesis Mall Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Genesis Mall of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.

11.2 Without limiting the foregoing, we do not warrant that the Genesis Mall Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

11.3 Genesis Mall and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Genesis Mall Platform or the Services;

(b) reliance on any data or information made available through the Genesis Mall Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

11.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Genesis Mall Platform and/or Services is entirely at your own risk and we shall not be liable therefore.

Interpretation

12.1 In these Terms:

“Content” includes any sound, sound sequences, music, text, still pictures, photos, moving pictures, videos, software programs, codes or other audio-visual representation or audio-visual combination, or the tactile representation or any combination of the preceding which you may view from the Genesis Mall Platform, or upload to the Genesis Mall Platform and which is capable of being created, manipulated, stored, retrieved or communicated electronically. Content includes, but is not limited to, Livestream Content, Professionally Generated Content, User Generated Content, and comments, reviews and other user interactions posted to Livestream Content, Professionally Generated Content, and User Generated Content.

“Genesis Mall Content Service” means viewing, accessing, or uploading any Content to the Genesis Mall Platform.

“Genesis Mall Platform” means www.genesismall.com.sg, the Genesis Mall iOS or Android mobile application, or any other internet domain property of Genesis Mall;

“Livestream Content” means the streaming of live Content through the Internet to the Genesis Mall Platform using Genesis Mall’s livestreaming tools, which may be accessed by any Genesis Mall User. Genesis Mall’s livestreaming tools comprise of a system which allows real-time streaming of video and audio content from Genesis Mall approved accounts to the Livestreaming section of the Genesis Mall Platform, which content may be viewed by all registered Genesis Mall users.

“Professionally Generated Content” means Content that is generated by any third party commissioned or hired by Genesis Mall to generate such Content.

“Presenter” means any person who appears or features in Live Stream Content. Presenters include persons who host Live Stream Content or otherwise present a segment of a Live Stream Content.

“Prohibited Content” means any content:

(a) in breach of any law or regulation, or any guidelines or other instrument issued by any government or regulatory authority, including but not limited to the Internet Code of Practice at https://www.imda.gov.sg/-/media/Imda/Files/Regulations-and-Licensing/Regulations/Codes-of-Practice/Codes-of-Practice-Media/PoliciesandContentGuidelinesInternetInterneCodeOfPractice.pdf;

(b) prohibited content as set out in Clause 5;

(d) deemed by Genesis Mall in its absolute discretion, to be unsuitable to be on the Genesis Mall Platform.

“Seller” means a seller which uses the Genesis Mall Platform to sell Goods to the Buyers, and includes a Third Party Vendor. Genesis Mall may also be a “Seller” for selected Goods.

“Services” means the use of any services, information or functions made available by Genesis Mall on the Genesis Mall Platform. Any reference made to the Genesis Mall Platform in these Terms, shall include the Services or any part of it, unless otherwise expressly stated.

“Terms” means these terms and conditions. The Terms shall be read together with Genesis Mall’s Terms of Use at https://www.genesismall.sg/terms-of-use/, which serve as an agreement between you and us for the use of the Genesis Mall Platform and the Services. Where there is a conflict between these Terms and Genesis Mall’s Terms of Use, these Terms shall prevail.

“Third Party Vendor” means a seller which, with Genesis Mall’s permission, uses the Platform and/or Services to sell Goods to the Buyers, and excludes Genesis Mall.

“User Generated Content” means Content generated by either a Buyer or a Seller and is uploaded or viewed on the Genesis Mall Platform.

“User” means any registered user of the Genesis Mall Platform.