TERMS OF USE

Last updated November 19, 2020

IMPORTANT TERMS

These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Stack 22 Pte Ltd ("Company", “we”, “us”, or “our”), concerning your access to and use of the www.breadcrumbsapp.com website (the “Website”) and the Breadcrumbs mobile application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to the Breadcrumbs mobile application (collectively, the “App”). All access of any part of the Website or the App is governed by these Terms and our Privacy Policy located within the app and at www.breadcrumbsapp.com. By downloading and using the App, you agree that you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU SHOULD NOT DOWNLOAD OR USE THE APP.

Supplemental terms and conditions or documents that may be posted on the Website or in the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Website or App after the date such revised Terms are posted.

All use of the App is solely for use by users in accordance with these Terms. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE WEBSITE OR THE APP IS EXPRESSLY PROHIBITED. The information provided on the Website or the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website or the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

IF YOU ARE UNDER THE AGE OF 18, YOU MUST GET YOUR PARENT OR GUARDIAN’S PERMISSION TO DOWNLOAD, INSTALL AND USE THE APP.

USER REGISTRATION

You may be required to register for an account with us before you can use certain functions in the App. In registering an account with us, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the App; (5) you will not access the App through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the App for any illegal or unauthorized purpose; and (7) your use of the App will not violate any applicable law or regulation. We reserve the right to reject your application for an account, suspend your use of or terminate your account at any time without prior notice to you if you are in breach of these Terms or for any other reason as determined by us at our sole and absolute discretion.

Upon successful registration of your account, you as the account holder: (a) shall keep your account ID and password confidential and shall not allow another person to use your account; and (b) shall notify us immediately if you have any reason to believe that the security of your account has been compromised.

You are solely responsible for any and all activities which occur under your account. We are entitled to treat all activities that occur under your account as having been conducted with your knowledge and authority.

USER GENERATED CONTENT

To the extent that the App allows you to upload any text, images, videos, comments and feedback, personal information or other content and information to our servers ("User Generated Content"), then you hereby grant us a royalty free, irrevocable, perpetual, worldwide and transferable right to copy, adapt, modify and use the User Generated Content as part of the App generally, and you acknowledge that we may make the User Generated Content available to other users of the App. As such, any User Generated Content that you submit shall be in accordance with our Privacy Policy.

You shall bear full responsibility for the User Generated Content and any consequences associated with using, editing, submitting or uploading them on the App. We reserve the right to edit, block, remove or delete User Generated Content on the App that is offensive, racist, illegal, obscene, violent, or for any other reason in our sole discretion at any time without prior notice. Our acceptance of any User Generated Content does not constitute a waiver of our right to remove it in the future.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

YOUR HEALTH AND SAFETY

You agree that your use of the App is at your own risk. You are responsible for ensuring that you are of an appropriate fitness level to use the App. The purpose of the App is to encourage walking outdoors and you should use general common sense in determining whether you are of good physical condition to undertake the challenges or activities promoted by the App. If you are in any doubt, please consult your doctor.

When using the App, please be aware of your surroundings, and play and communicate with others safely. You should give due consideration to your environment and not put yourself at risk of injury or harm.

For the avoidance of doubt, we do not intend the Website or the App to be a medical or health device, or provide any medical, fitness or health advice.

CONDUCT AND GENERAL PROHIBITED ACTIVITIES

You may not access or use the Website or the App for any purpose other than that for which we make the Website or the App available. The Website or the App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Website or the App, you agree to: 1. comply with all applicable local and international laws and regulations; 2. not to access any information or data concerning another person without his/her permission; 3. not to circumvent, disable, or otherwise interfere with security-related features of the Website or the App, including features that prevent or restrict the use or copying of any content; 4. not to use the Website or the App for any commercial purposes, including sending “spam” or any malicious or disruptive communications; 5. not to disparage, tarnish, or otherwise harm, our reputation or that of the Website or the App; 6. not use the Website or the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, bugs or harmful data, into the Website or the App or any computer system; 7. not to engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; 8. not to submit, publish, transmit, post or upload any material that is factually inaccurate, misleading, deceptive, in contempt of any court, defamatory, offensive, threatening, discriminatory, racist, seditious, obscene, pornographic, indecent, or otherwise objectionable to the general public in relation to your use of the Website or the App; 9. not to attempt to impersonate another user or person or use the username of another user; 10. not to attempt to interfere with the operation of the Website or the App in any way; 11. not to use any tools designed to compromise security or digital rights management technology (including password guessing programs, cracking tools, or network probing tools) in connection with the Website or the App; 12. not to copy or adapt the Website or the App’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; or 13. Make any unauthorized use of the Website or the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

In the event of a non-compliance with any of the above, we reserve the right to immediately terminate or restrict your access to part or all of the Website or the App for any reason at any time without prior notice.

HYPERLINKS AND THIRD-PARTY SERVICES

The Website or the App may link to, integrate with, or incorporate third party content, sites, services, or platforms, including advertisers, online merchants, and social networks (collectively, “Third Party Services”). We do not warrant and endorse, and are not in any way responsible or liable for the availability, content or security of the Third Party Services, and disclaim all liability in connection therewith. Any link provided on the Website or the App is solely for your convenience. These links do not constitute endorsements or recommendations by us. Access to the Third Party Services is at your own risk and subject to the terms and conditions and/or privacy policies of the Third Party Services’ respective terms of use.

We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any products, services, materials or websites by the Third Party Services. Please note that the applicable third party is fully responsible for all goods, materials and services it provides to you and for any and all damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part.

SYSTEM REQUIREMENTS

Your use of the App requires you to have a Facebook or Google account. Your access to the App will be linked to your Facebook or Google account and you are required to comply with the applicable Facebook or Google policies to use the app, including for any in-app payments (where applicable).

As part of the functionality of the App, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the App; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the App. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the App. You will have the ability to disable the connection between your account on the App and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the App. You can deactivate the connection between the App and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

LOCATION-BASED FEATURES

If you have enabled GPS, geo-location or other location-based features on your device, you acknowledge that your device location will be tracked and may be shared with others if you enable that feature for our App consistent with the Privacy Policy. Some mobile app(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. You can terminate device location tracking by us by turning off GPS location sharing in your mobile device settings or by uninstalling any mobile app(s) or feature(s). Location data may not be accurate and LOCATION-BASED / GEO-LOCATION SERVICES ARE USED AT YOUR OWN RISK. By using the App, you agree that we may access your device in order to allow for or optimize your use of the App. For instance, the App may access, use and read accounts, settings, data and/or content on your device, and/or add content to your device, and change settings of your device, for reasons such as saving App images, sound files and writing usage logs to the device; sending social media messages you initiate; sending and receiving data needed for the App’s operations; and to provide you notice when you are not connected to a network. You consent to these activities by installing the App or otherwise using the App. Your device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with the App by uninstalling the App.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Website and the App are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics therein (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are protected by law. The intellectual property rights in these Content or Marks are owned or licensed to us by third parties. Except as expressly provided in these Terms, no part of the Website or the App may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

FEES

There are currently no fees payable by you for using any part of the App. However, we reserve the right to implement fees for the use of certain functions of the App from time to time.

We are not responsible for any fees charged by any other third party website or app that is not owned or operated by us, or part of the App, and we shall not be liable towards you for any fees incurred as a result of using or accessing or making purchases from any such third party website or app.

REWARDS

We may partner with Third Party merchants to enable you to earn rewards (“Rewards”) for completing certain challenges or activities on the App. These Rewards may be redeemed from the Third Party merchants directly under the Third Party’s applicable rewards and/or loyalty programmes. Additional terms and conditions may govern the rewards and/or loyalty programmes offered by the Third Party merchant. You may participate in such programmes and collect and/or use the Rewards only if you accept and agree to be bound by such additional terms and conditions (if any).
We may at our sole discretion, without prior notice, suspend or terminate any Rewards, suspend or terminate the award of Rewards and/or withdraw, cancel or invalidate any Rewards that have been awarded at any time.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Website or the App for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or any of these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your User Generated Content or any portion thereof; and (4) otherwise manage the Website or the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website or the App.

PRIVACY POLICY

We care about data privacy and security. For a detailed description of how we collect and use your personal data, please review our Privacy Policy at www.breadcrumbsapp.com . By using the Website or the App, you consent and agree to the collection and use of certain information about you in accordance with our Privacy Police and applicable laws and regulations related to personal data. Please be advised the Website is hosted in Singapore. If you access the Website or the App from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Singapore, then through your continued use of the Website or the App, you are transferring your data to Singapore, and you agree to have your data transferred to and processed in Singapore.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE OR THE APP IS AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED "AS IS” AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, PLATFORM, OR SERVICE LINKED TO THE SERVICE, WHETHER IN TERMS OF THEIR CORRECTNESS, ACCURACY, VALIDITY, PROPRIETY, RELIABILITY, LEGALITY, SECURITY, OR OTHERWISE.

LIMITATION OF LIABILITY

We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, loss of revenue, loss of profits, or otherwise, even if foreseeable, arising from or in connection with: 1) any inaccuracy or incompleteness in, or errors or omissions in the information on the Website or the App; 2) you using, visiting or relying on any statements, opinion, representation or information in the Website or the App; 3) any delay in the operation or transmission, communications failure, Internet access difficulties or malfunctions in equipment or software; 4) the conduct or the views of any person who accesses or uses the Website or the App; or 5) any User Generated Content.

INDEMNITY

You agree to indemnify and hold us and our directors, officers, employees, affiliates, agents, contractors and licensors harmless in respect of any claims arising out of: (i) your breach of these Terms, (ii) your use of the Website or the App, (iii) any User Generated Content provided by you or (iv) any action taken by us as part of our investigation of a suspected breach of these Terms or as a result of a finding or decision that a breach of these Terms has occurred.

TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Website or the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE OR THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR THE APP OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

CORRECTIONS

There may be information on the Website or the App that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website or the App at any time, without prior notice.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Website or the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Website or the App. We also reserve the right to modify or discontinue all or part of the Website or the App without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website or the App.
We cannot guarantee that the Website or the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website or the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website or the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website or the App during any downtime or discontinuance of the Website or the App. Nothing in these Terms shall be construed to obligate us to maintain and support the Website or the App or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW AND JURISDICTION

The use of the App, and these Terms, shall be governed by and interpreted in accordance with the laws of Singapore. Stack 22 Pte Ltd and yourself irrevocably consent that the courts of Singapore shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

CONTACT US

If you have any questions about the Website, the App, or these Terms, please contact us at:

Stack 22 Pte Ltd
80 Playfair Road #01-12
Singapore, Singapore 367998
Singapore
Phone: 6536 7351
hello@breadcrumbsapp.com