PORTCAKE.COM – Terms of Service
These Terms of Service (hereinafter referred to as these "Terms") set out the terms and conditions for using PORTCAKE.COM provided by Portcake Pte Ltd (hereinafter referred to as "Portcake", "we" or "us")(collectively, the "Services"). Users use the Services in accordance with these Terms.
Please note that Users are deemed to have understood the provisions of these Terms and accepted all provisions thereof by applying for registration to use the Services.
Article 1 (Service Content)
The Services provide links between what Users post on their Instagram accounts which are provided by Facebook Inc. to other tools and services that include Google My Business provided by Google LLC.
Article 2 (Definitions)
1 A "User" (or "Users" depending on the context) means an individual or corporation who is registered to use the Services and has signed an agreement to use the Services.
2 "External Business Operators" means business operators that provide external services in connection with the Services.
3 "External Services" means Google My Business provided by Google LLC, Instagram provided by Facebook Inc., Twitter provided by Twitter, Inc. and other services.
4 "Posted Content" means any information (including but not limited to texts, images, videos and other data) that a User posts or transmits whether or not through the use of the Services.
5 "Business Day" means any day other than a Saturday, a Sunday, a public holiday or other day-off designated by us.
Article 3 (Application)
1 These Terms shall apply to any relationship between a User and Portcake with respect to the use of the Services.
2 In connection with the provision of the Services, we may prescribe various rules including rules for using the Services (the "Individual Terms") in addition to these Terms. The Individual Terms shall, irrespective of how they are referred to, form a part of these Terms.
3 In the event of any contradiction between any provision of these Terms and that of the Individual Terms in the preceding article, the provision of the Individual Terms shall prevail unless otherwise provided in these Terms or the Individual Terms.
4 We may amend these Terms at any time without notice to Users when we deem it necessary. If a User uses the Services after the date on which these Terms have changed, we will deem that the User has accepted the updated Terms.
5 Any change to these Terms and any creation of or change in the Individual Terms shall form a part of these Terms and remain in full force and effect from the point when it is published on the website for the Services ("Our Website") or notified to Users, whichever is the earlier.
Article 4 (Registration for Use)
1 To complete registration for use of the Services, the registration applicant (which is included in the definition of "User(s)") shall agree to these Terms, apply for registration in the manner prescribed by us, and be approved by us. Users shall apply for registration upon understanding and agreeing to the provisions of these Terms, and we deem that Users have accepted the provisions of these Terms when they apply for registration.
2 When a corporation or organisation as a User wishes to apply for registration to use the Services, the User shall enter the correct name, address and other information of the corporation or organisation and then submit an application (in the event of any change in the registered information on a later date, the User shall notify us of the updated information and, if requested by us, provide the latest and accurate trade name, address of the head office, email address, telephone number, etc.) In the event of uncertainty with respect to the registered information, the person who applied for registration on behalf of the corporation or organisation agrees to assume all obligations as the User who applied for registration. Users are expected to use an email address that they use daily and that can be used to regularly check incoming messages.
3 In the event that we determine that any of the following events occurs or is likely to occur, we are entitled not to approve an application for registration; and we shall not be obliged to disclose any reason for such determination:
A User has provided false information upon applying for registration
A User has violated any of the prohibitions set forth in these Terms
An applicant has previously violated these Terms
We deem that an applicant has difficulty communicating with us or other Users
An applicant is a minor (any person under the age of 18 may not be able to use the Services)
A User falls under or has any kind of interaction or involvement with any anti-social forces, etc., including that the User cooperates or participates in the maintenance, operation or management of anti-social forces, etc. through the provision of funds or other means
A User does not have the appropriate authority to use the Services
In any other circumstance that a User’s registration is deemed inappropriate by us
Article 5 (Environment for Use)
1 When using the Services, Users shall prepare the communication environment, hardware and software that are necessary to use the Services at their responsibility and expense. Communication expenses associated with using the Services shall be borne by Users.
2 With respect to Posted Content, etc. Users shall be responsible for saving the data and the like thereof as a backup, and we shall not be in any way responsible for storing, saving, backing up, etc. of such data and the like.
Article 6 (Service Content)
1 In the Services, we provide services in conjunction with External Services provided by External Business Operators that include Google My Business, Facebook, Twitter and others.
2 When Users use the Services linked to External Services, Users shall use External Services on their responsibility. Depending on the specifications of External Services, Posted Content may appear on External Services, however, we shall not be obliged to edit or delete any content posted on External Services.
3 We may change, suspend or terminate links between the Services and External Services at any time without obtaining the consent of Users.
4 With respect to External Services linked to the Services, Users shall comply with the terms of service applicable to Google My Business provided by Google LLC, the terms of services of Facebook Inc. and other terms of service of External Services (collectively referred to as the "Terms of External Services"). Users who use the Services shall agree to the Terms of External Services, and we may take necessary steps to ensure that our Users comply therewith.
5 We shall not be liable for any trouble or damage (whether direct or indirect) incurred by a User or a third party as a result of the User's use of External Services through the Services, or any change, suspension or termination of links between the Services and External Services.
6 Users understand in advance that links between the Services and External Services may be changed, suspended or terminated due to any change in specifications of External Services, and we shall not be liable for any trouble or damage (whether direct or indirect) incurred by a User or a third party as a result thereof.
Article 7 (Fees for the Services)
1 Users shall pay us the plan fee and contract fee for the Services as prescribed in the Fee Table attached hereto. If a User commenced using the plan under the terms that are different from the ones set out in the Fee Table, the User shall comply with the terms set out in the application form specified by us. (If there has been any change, the terms after the change shall apply.)
2 If there is a written agreement between a User and us in the form of contract or application that supersedes these Terms, the User shall comply with the provisions of the contract or application.
3 When a payment day falls on a non-business day, the relevant payment shall be made on the next business day.
4 In the event of failed credit card payment, the payment shall be carried forward to the next billing cycle and processed together with the next payment.
5 Unless we deem it appropriate, we shall not refund or be obliged to refund any fee for using the Services that have been already paid by a User.
Article 8 (Termination of the Services)
1 If a User wishes to terminate a contract to use the Services, the User shall notify us of the intended termination in writing or by email at the address specified by us (meaning that the document or email shall reach us; the same shall apply hereinafter) by the termination due date (in the case of payment by a credit card, the day before the last day of the contract period; if the last day of the contract term falls on a holiday, the business day immediately preceding that holiday; the same shall apply hereinafter).
2 If a User fails to notify us of its intention to terminate by the termination due date, the User's contract to use the Services shall be automatically renewed for the same period under the same conditions, and the user shall be obliged to pay the plan fee for the following contract term.
3 The User shall understand in advance that, even in the event of early termination, we will make no refund on a prorated daily basis for the remaining contract term nor other adjustments.
Article 9 (Important Points)
1 Users shall, at their responsibility, properly manage and use their IDs and passwords that are necessary for account registration to use the Services.
2 Users shall manage their use of the Services responsibly, including to use passwords that cannot be easily assumed or change their passwords regularly, to prevent their IDs or passwords from being used by any third party.
3 When we confirm that the entered ID and password match the registered information, we may deem that the registered User for the account is using the Services. In such a case, even if there has been a theft, unauthorised use or other circumstances with respect to the account, we shall not be liable to the User for any trouble, damage or other circumstances arising therefrom, whether or not the use was due to intentional act or negligence of the User.
4 If we or a third party suffers damage due to the unauthorised use of a password by any person other than the User or other act committed by the User, the User shall bear all expenses and other damage against us and the third party.
5 The Services have been designed and provided to be used in Singapore. We shall not be liable for any troubles, damage or other circumstances arising in connection with the User's use of the Services outside Singapore.
Article 10 (No Assignment)
Users may not, without our written consent, permit a third party to use nor assign, sell, purchase, lease, succeed, collateralise or otherwise dispose of their ID and password as well as their contractual status, rights and obligation under any agreement executed between the User and us based on these Terms, an application form or others to and from a third party.
Article 11 (Prohibitions)
1 Users shall agree that we use the logos, trademarks, Posted Content, etc. of the User and its affiliated companies on Our Website, our affiliated companies’ websites and the like to show examples of the implemented cases of the Services, and shall authorise us and our affiliated companies to do so. Provided, however, that this shall not apply when the User or its affiliates has objected in advance.
2 Users are prohibited from engaging in the acts that we deem as falling under each of the following, whether or not it was intentional or negligent. If a User engages in any of the acts listed below, we shall, without prior notice and at our discretion, delete the relevant parts, suspend the User’s use of the Services, disqualify the User, delete the Posted Content, and take any other measures that we deem necessary; and we shall not be obliged to disclose any reason therefor:
Acts in violation of laws and regulations
Acts related to criminal activity
Acts of destroying or interfering with the functions of the servers or networks of us, other Users or third parties.
Acts that are likely to interfere with the operation of our services
Acts of unauthorised access or attempts to do the same
Acts of collecting or accumulating personal data and the like of other Users
Acts of impersonating other Users
Acts of providing benefits directly or indirectly to anti-social forces in connection with our services
Acts that infringe upon the intellectual property rights, portrait rights, privacy, honour or other rights or interests of us, other Users or third parties
Acts of posting or transmitting excessively violent expressions, explicit sexual expressions, expressions that may lead to discrimination based on race, nationality, belief, gender, social status, family origin or others, expressions that induce or encourage suicide, self-injurious behaviour or drug abuse, or expressions that may cause discomfort to others that include anti-social content
Acts to engage in sexual or obscene acts, to encounter or associate with any unknown person of the opposite sex or to harass or slander other Users; and acts of using the Services for a purpose other than the purpose for which the Services are intended to be used.
Pyramid scheme, multi-level-marketing scheme, sending chain emails or similar act
Any organisation or service that we deem, at our discretion, to have no relevance to the Services or their relevance is extremely low
Political or religious activities
Acts of secondary use or reproduction of the Services or acts whose purpose is to do the same
Acts in violation of laws and regulations or any binding administrative measures, or act that encourages the same
Acts of sexual harassment, stalking and other harassment against third parties
Medical practices that are unlawful or difficult to determine its lawfulness
Acts that may lead to or is likely to lead to crimes such as fraud, abuse of controlled substances, money laundering and similar crimes
Provision of services without meeting the license or qualification requirements that are mandatory under the law
Acts of describing an act, matter or expression that is contrary to public order
Acts of describing sexual content or any expressions that implicitly suggest sexual content
Acts of posting images with a high degree of exposure regardless of its artistry
Any act of posting grotesque or violent expressions
Acts which we deem, at our discretion, to have an adverse effect on the personality development, etc. of minors
Acts of posting expressions that other Users or third parties may feel uncomfortable
Acts of expressing, posting or writing any content that we deem inappropriate at our discretion
Acts of assignment, sharing or exchange of its contractual status, rights or obligations with respect to the Services to a third party
Acts of a person who has been suspended to use the Services or whose account registration has been terminated to try to use the Services or register its account again
Other acts that we deem inappropriate
3 If we determine that there is an urgent necessity to do so to protect our rights, property, services, etc. or to protect the life, body or property of a third party, we may disclose and provide the advertising display, Posted Content and other information provided by a User to public institutions that include court, police and similar institutions to the extent that we deem necessary.
4 We shall not be liable for any damage (whether direct or indirect) suffered by a User as a result of our action taken in accordance with the immediately preceding two paragraphs.
Article 12 (Personal Data)
2 We shall be able to provide Users with the information that is necessary in order to provide the Services by email, post, telephone or other means.
3 We may distribute emails to Users for communication, advertisement or promotion relating to the Services, and Users agree to such distribution. If a User does not wish to receive such advertisement, etc., the User shall inform us thereof in writing.
4 Users shall properly manage personal data, take measures to prevent theft or leakage to a third party and comply with laws and regulations.
Article 13 (Disclaimer of Warranties; Limitation of Liability)
1 No Warranty as to the Appropriateness of Content
We shall make no warranty as to the accuracy, reliability, safety, legality, morality, recency, usefulness, compatibility, completeness, the validity of the information provided by the Services, or as to the assurance that a User's wishes will be fulfilled through the use of the Services and shall not assume any liability whatsoever with respect thereto.
The Services may contain links to other websites that are not part of the Services. We shall make no warranty or accept any liability whatsoever for any information obtained on websites operated or managed by any party other than us (including the linked sites and other sites).
We shall make no guarantee of any increase in the number of usages, sales volume, proceeds or other performances related to the business due to Users using the Services.
We shall not be liable as to whether or not any positive outcome will be derived from the provision of the Services and as to the precision, accuracy and reliability of data, or any other benefit expected from the use of the Services.
Users shall be solely responsible for the content posted through the Services, and in the event of any dispute with a third party, the relevant User shall be responsible for resolving such dispute at its responsibility and expense and shall not cause any inconvenience or damage to us.
Users shall be responsible for investigating and determining at its responsibility and expense, whether or not use of the Services violates the internal regulations of the organisation or industry association to which the User belong. We shall not guarantee that there will be no breach pertaining to the use of the Services by Users.
Although we may provide advice and other information to Users of the Services as necessary, We shall not guarantee the usefulness, validity or accuracy of the content of the Services and shall not be liable for any damages or losses incurred by Users as a result of their compliance with such advice and information.
2 No Warranty for the System
We shall not be obliged to alter or modify the system pertaining to the Services even if any device, equipment or software used by Users is not suitable for the use for the Services.
We shall not guarantee that the Services, emails or contents sent from us to Users in connection with the Services are free from harmful elements such as computer viruses.
We shall not be liable for any damage caused to Users due to unauthorised access or vulnerability attack.
We shall not be responsible for the inaccessibility to the Services or defect or flaw in the specification, including the occurrence of any disturbance or bug, and other problems of the Services.
We shall not be liable for any damage caused by the interruption, delay, or discontinuation of the system pertaining to the Services due to poor performance of communication lines, software, hardware, etc., failure and unauthorised access.
In the event of any dispute between a User and another User or a third party with respect to the Services, the User shall inform us and settle the dispute at its responsibility and expense. We shall not be obliged to involve in such dispute or shall not be liable for not being engaged in such a dispute.
In addition to the foregoing, we shall not be liable for any damage caused to Users in connection with the use of the Services or unavailability to use the Services.
Article 14 (Suspension of Provision of the Services)
1 In the event that we find that any of the following events has occurred, we may terminate or suspend the provision of the Services, in whole or in part, without prior notice to Users:
Any maintenance check or updating of the computer system pertaining to the Services
Any difficulties in providing the Services due to force majeure events such as earthquake, thunderstrike, fire, power failure or natural disaster
Accidental computer or communication line failure.
In other events where we deem it difficult to provide the Services
2 We shall not be liable for any damage (whether direct or indirect) suffered by Users or any third party due to termination or suspension of the provision of the Services.
Article 15 (Suspension of Use)
1 In the event that we determine at our discretion that a User falls under any of the following reasons, we may, at any time and without prior notice, immediately suspend the use of any or all of the Services, delete the User's postings or delete the account registration of the User. Users are not entitled to request disclosure of the reason or to object to any action taken by us.
A User breached the provisions of these Terms
All or part of the information provided to us is found to be false or inaccurate
A User has committed a tortious act or has violated laws and regulations or the like
We determined that a User belongs to an anti-social force or organisation that engages in anti-social activities, or has a relationship with such organisation or activities, including through a provision of funds or engagement in the management
We determined at our discretion that a User has entered or posted a false description
A petition for bankruptcy or other liquidation was filed by a User or by a third party or the User is subject to a seizure, provisional seizure, provisional disposition or delinquency in payment, and other situation that the credibility of the User has significantly deteriorated.
A User is subject to a disposition of suspension of transactions with banks
A User fails to respond in good faith or fulfil its obligations
A User has not responded, for more than 20 days, to the inquiries or such other requests for a response from us.
A User has damaged the credibility of the Services or obstructed the business of Portcake
Any troubles with other Users or third parties, complaints, or reports of breach have reached a certain standard as determined by us.
We determine that a User is not suitable as a person who uses the Services or who receives the continued provision of the Services from us.
2 Users shall not be exempted from any obligations and liabilities (including but not limited to liability for damages) against us or any third party hereunder even after the suspension of use under this Article.
3 When we determine that a User falls or is likely to fall under any of the items under paragraph 1 above, or when we deem it necessary, we may request the User to take actions that include discontinuance of the violation, voluntary deletion or correction of the information sent or posted, etc. The user shall comply with our request within the period specified by us.
4 We shall not be liable for any damage, whether direct or indirect, incurred by a User or a third party due to measures taken by us under this article.
5 In the event that a User falls under any one of the items under paragraph 1 above, all obligations of the User at the point of time shall be accelerated, and the User must immediately pay all obligations owed and payable to us in a lump-sum.
Article 16 (Intellectual Property Rights)
1 All intellectual property rights, trade secrets and any other rights related to the Services shall belong to us or other rights holders, and Users shall not use the Service by themselves or have any third party without the prior written consent of us or other rights holders.
2 In the event of any problem or dispute concerning intellectual property rights between a User and any other User of the Services or a third party, the User shall resolve the problem or dispute at its responsibility and expense and shall not cause any inconvenience or damage to us.
3 In the event of any damage (whether direct or indirect) to us or any other right holder pursuant to any provision of the preceding paragraphs, the User shall be liable to compensate for such damage.
Article 17 (Damages)
1 Notwithstanding any other provisions of these Terms, in the event that any direct or indirect damage has occurred to us due to a User's violation of these Terms or use of the Services (including cases in which a third party claims for damages or other claims against us as a result of such actions), the User must compensate us for all damage (including professional fees such as attorneys' fees and the amount corresponding to the personnel expenses incurred by us in dealing therewith).
2 We shall not be liable for any damage suffered by a User or any third party in connection with the Services or these Terms, whether or not the damage is alleged to have caused by default, tort or others. Notwithstanding the provisions of this clause and other provisions exempting us from liability for damages based on the application of law or other reasons, even if we are found to be liable to the User for any damages, our liability shall be limited to direct and ordinary damage incurred by the User as a result of our default or tort, and the maximum amount of compensation shall be limited to the total amount of fees paid by the User to us during the six (6) months immediately before the date of the occurrence of such event.
Article 18 (Confidentiality)
1 Users shall treat the information supplied by us in connection with the Services as confidential, except with our prior written consent.
2 At any time upon request from us, Users are required to return or dispose of the information set forth in the preceding paragraph and the document or other recording medium on which the said information is described or recorded, as well as all reproductions thereof, etc., without delay in accordance with our instructions.
Article 19 (Dispute Settlement)
1 In the event of a dispute between a user and a third party, the dispute shall be settled between such parties, and we shall not be liable for any expenses, damage, settlement of disputes or any other matters whatsoever arising therefrom.
2 In the event of any damage is caused to us or a third party due to a dispute set forth in the preceding paragraph, the User shall compensate us and the third party for such damage (whether direct or indirect).
3 In the event a User receives any claim or a report on the violation of these Terms from a third party in connection with the use of the Services, the User shall immediately report such claim or report to us and resolve thereof at its responsibility and expense.
4 In the event that a User receives any claims from other parties that include other Users, etc. for the infringement of rights or any other reason in connection with its use of the Services, the User shall pay us the cost and compensation that we are obliged to pay to the third party pursuant to the claim as well as expenses (including our attorneys' fees) that we spent in dealing with the matter in full.
Article 20 (Withdrawal)
Users may withdraw from the Services by notifying us and following the withdrawal procedure determined by us.
Article 21 (Change in the Service Content)
We shall be entitled to change the contents of the Services, in whole or in part, or discontinue the provision of the Services without notifying Users and shall not be liable for any damage (whether direct or indirect) suffered by any User as a result such change or discontinuance.
Article 22 (Assignment of Business)
In the event that we transfer the Services and businesses related thereto to another company (including the case of a company split), we may be entitled to transfer the information in the Services, including rights and obligations and contractual status under these Terms as well as user registration information such as accounts, to the assignee without obtaining the consent of Users. Users shall be deemed to have consented to the provisions of this article in advance.
Article 23 (Severability)
1 Even if any provision of these Terms or any part thereof is found to be invalid by any laws and regulations, the terms and conditions set forth in these Terms except the invalid provisions shall continue to be effective. We and the Users shall endeavour to ensure the same effect in accordance with the intended purpose of the invalidated clause and agree to be bound by the amended Terms.
2 Even if any provision of these Terms or any part thereof is invalid in relation to a User, its validity in relation to other Users shall not be affected.
Article 24 (Notices or Communications)
Any notice or communication between Users and us shall be made in the manner determined by us. Unless a User notifies us of any change in accordance with the method we stipulate separately, we shall deem the contact currently registered with us as valid and give notice or communicate to the contact, and such notice or communication shall be deemed to have reached the User at the time of transmission or dispatching.
Article 25 (Rights of Third Parties)
Unless otherwise expressly provided herein, no person who is not a party to these Terms shall be entitled to enforce the terms and conditions of this Agreement or to the benefit of these Terms under the Contracts (Rights of Third Parties) Law of Singapore (Section 53B).
Article 26 (Governing Law and Jurisdiction)
1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of laws principles.
2 Any disputes arising out of or in connection with these Terms, including any issues relating to its existence, validity or termination, shall be submitted to and finally settled by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the then-in-force Singapore International Arbitration Rules (the "SIAC Rules"), which rules are deemed to be incorporated herein by reference in this Section. The place of arbitration shall be Singapore. The arbitral tribunal consists of one arbitrator. The language of the arbitration shall be English.