2. Registration of Account
You will be required to nominate a password to complete the registration of your Account. You are solely responsible for keeping the password secure. In addition, you may be required to provide your credit card details for the purpose of enabling a payment method and other features offered through the Application, and such card details will be linked to your Account.
By creating and registering an Account, you represent and warrant that all information provided in connection with the registration and use of the Account are true, accurate and not misleading. You further agree that:
(i) you will not create more than one Account for the Application;
(ii) you will not share your password or allow any other person to access your Account, or otherwise do anything that may or will violate the security of your Account;
(iii) you will keep all information provided by you through the Application up to date and accurate;
(iv) you will not transfer your Account to any other person without prior permission from Gebirah.
You are responsible for the use of your Account and all activities that are carried out through the Account, whether authorized or unauthorized and must notify Gebirah immediately if you become aware of any unauthorized use of or access to your Account.
Gebirah may offer and provide the following services (“Services”) through the Application:
(i) location services – using the Application to determine your location and any incident in the vicinity which accepts the use of the Application for its operations (“Incident”);
(ii) any other services as Gebirah may introduce through the Application from time to time.
If and when you use the Services, Gebirah will be able to obtain data about your location through the Application. If you do not wish to allow or enable Gebirah to do so, you should de-activate the functionality for the relevant Service(s), in which case you will not be able to use such Service(s).
4. Location Services
If activated, the location services functionality allows the Application to be used to determine the locations of nearby Incidents. If you are in the vicinity of an Incident, the Application will indicate the Description for that Incident.
5. Promotions, Offers and Discounts
Gebirah may from time to time introduce promotions or offers for purchase of its goods and services, or a discount off the prevailing price of its goods and services, through the Application.
Any such promotion, offer or discount will be subject to applicable terms and conditions set out in the “Notifications” or other relevant section of the Application (or the relevant link embedded therein), or other communications or marketing materials that may be issued by Gebirah in relation thereto.
If and where Gebirah issues communications or marketing materials to you via SMS and/or email, you will be able to opt-out of receiving communications or marketing materials through the relevant “Unsubscribe” link or by contacting Gebirah. For communications or marketing materials issued by Gebirah through the Application, you may disable or change your preferences for receiving notifications of such communications or marketing materials through the relevant Settings function of your mobile device. Please note that if you opt-out of receiving such communications or marketing materials or notification thereof, we may still send you service-related messages such as transaction receipts.
6. Application and Account Security
You are prohibited from violating, or attempting to violate, the security of this Application and your Account. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Application or your Account include without limitation:
(i) logging into or attempting to log into a server or user account that you are not authorized to access;
(ii) accessing data or taking any action to obtain data, information or services not intended for you or your use;
(iii) attempting to probe, scan or test the vulnerability of any system, network or user account;
(iv) tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
(v) circumventing any system or mechanism in the Application that is designed and intended to limit your access to areas within, or components of, the Application;
(vi) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, malware, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with the Application’s or any user account’s functionality or operation;
(vii) using the Application in a manner or committing any act which is detrimental to, or in violation of, Gebirah’s or a third party’s systems or network security, or which could otherwise damage or impair the servers or networks used by the Application or by other users of the Application;
(viii) interfering with service to, or engaging in any denial of service attack of, the Application, any user, host or network including, without limitation by means of overburdening or "flooding," any computer system.
7. Accessing and Using the Application
You acknowledge that the availability of the Application is dependent on the third-party platform from which you download the Application (for example, Apple App Store or Google Play Store). Each of these platforms may have its own terms and conditions for the downloading, installation and use of the Application, and you agree that it is your responsibility to ensure compliance with such terms and conditions.
In accessing and using this Application, you must not:
(i) post, send or otherwise transmit to or through the Application any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, racist, violent, immoral, religiously offensive, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person's privacy or other rights or any material that Gebirah in its sole discretion does not wish posted or transmitted on the Application;
(ii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(iii) upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright, patents, designs or trademark laws and rights of confidentiality, publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
(iv) misrepresent your identity or affiliation in any way;
(v) engage in deceptive online marketing;
(vi) violate any applicable laws or regulations;
(viii) assist or permit any persons in engaging in any of the activities described above.
8. User Submissions
You must exercise caution, good sense and sound judgment in using the Application. You are responsible for any material or information you place on or transmit to or through the Application. You agree, represent and warrant that any information you post to or transmit through the Application is truthful, accurate, complete, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.
All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Gebirah or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
(ii) you fail to make any payment due and payable to Gebirah under these Terms or for the Services; or
12. Third-Party Software and Services
The Application may contain links to other non-Gebirah websites or applications. These links are for convenience only and may not be current or be maintained. Certain of these linked websites or applications may make use of Gebirah proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from Gebirah. Gebirah is not responsible for the availability or content of these sites or for any viruses or other damaging elements encountered in linking to a third-party website or application. In addition, providing links to these sites or other applications should not be interpreted as endorsement or approval by Gebirah of the organizations sponsoring the sites or applications, or their products or services.
14. Jurisdictional Issues
The Application is controlled and operated by Gebirah from its offices within Singapore. Gebirah makes no representation that materials in the Application are appropriate or available for use in other locations or geographies. Those who choose to access the Application from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Access to this Application from jurisdictions where the contents of this Application are illegal or penalized is prohibited. The Application and the software contained therein is further subject to Singapore export controls. No data, information or software from the Application may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which Singapore embargoes or sanctions goods, services or technology; or (ii) prohibited under the Singapore Regulation of Import and Exports Act (Cap 272A) or Regulations. By downloading or using the Application or Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The Application and Services are provided and made available "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Gebirah disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose. Gebirah does not warrant that access to this Application or the Services or to the functions contained in the Application will be uninterrupted or error-free, that defects will be corrected, or that this Application or the server that makes it available are free of viruses or other harmful components. Gebirah does not make any representations or warranties regarding the use or the results of the use of the Application in terms of their correctness, accuracy, currency, availability, reliability, or otherwise. Applicable law may not allow the exclusion of some or all implied warranties, so to the extent that such laws are applicable, part or all of the above exclusions may not apply to you.
Some features of the Application may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The use of the Application or Services may require access through your mobile network, which may result in additional charges depending on your payment plan. You acknowledge that the suitability and performance of your device or data access is solely your responsibility.
16. Limitation of Liability
To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Gebirah be liable for any compensatory, punitive, indirect, special or consequential damages that result from the use of, or the inability to use, the Application or the Services, even if Gebirah or a Gebirah authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall Gebirah’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to Gebirah, if any, for using this Application and the Services.
18. Disclosure; Product Statements
This Application contains information on products and services of Gebirah and its related entities. While Gebirah tries to ensure that all information on this Application is accurate and current at the time of posting, all information on Gebirah’s products and services on this Application should not be relied on as definitive, final, current or complete, and you agree to contact Gebirah directly for more detailed and updated information on its products and services instead of placing any reliance on any product or service information on this Application.