Terms of Use

This Terms of Use was updated on 01 July 2021

Terms of Use

This Terms of Use was updated on 01 July 2021

Welcome to Maidanlah!

Maidanlah Pte. Ltd. (“Maidanlah”) operates this website, the Platform and provides the Services on the Platform.

By using this website, the Platform and Services, you agree to be bound by the following terms of use (“Terms”) and Maidanlah’s privacy policy (“Privacy Policy”) (collectively, the “Maidanlah Terms and Policy”). Please read the Maidanlah Terms and Policy carefully before accessing or using this website, the Platform and Services. Your continued use of this website, the Platform and Services shall constitute your understanding of, and agreement with, the Maidanlah Terms and Policy. If for any reason whatsoever you do not agree to the Maidanlah Terms and Policy or do not wish to be bound by them, do not access or use this website, the Platform or the Services.

You must also ensure that any persons who access this website, the Platform and Services on your computer(s) or device(s), or who are permitted or able to access this website, the Platform and Services on your computer(s) or device(s) are aware of the Maidanlah Terms and Policy and that such persons also agree to be bound by and to comply with the Maidanlah Terms and Policy. If for any reason whatsoever, such persons do not agree to Maidanlah Terms and Policy, or do not wish to be bound by them, they must not access or use this website, the Platform and Services, and you must not permit them to do so.

1. Definitions and Interpretation

Unless otherwise defined, definitions are set out in Schedule 1.

The Schedules form part of these Terms and shall have the same force and effect as if expressly set out in the body of the Terms.

2. Age Restrictions on Use of Maidanlah’s Website, Platform and Services

(a) By using this website, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given Maidanlah your consent to allow any of your minor dependents to use this site.

(b) If you are below the age of majority in your country, state or province of residence, you must obtain the consent of your parent(s) or legal guardian(s), their acceptance of the Maidanlah Terms and Policy and their agreement to take responsibility for:
(i) your actions, including for eventual User Content and User Products promoted and offered by you;
(ii) any fees and charges associated with your use of any of the Services or purchase of User Products; and
(iii) your acceptance and compliance with the Maidanlah Terms and Policy.

(c) If you do not have consent from your parent(s) or legal guardian(s), you must stop accessing and using this website, the Platform and Services immediately.

3. Account Creation and Account Related Issues

(a) In order to access and use Maidanlah’s Services, you must create an Account. For Account creation purposes, you will be required to provide personal information such as your full legal name, valid email address, mobile number and any other information indicated as required. You shall provide accurate and complete personal information in the creation of your Account and shall ensure that such personal information is kept updated in the User profile.

(b) Subject to paragraph 3(c) below, the person signing up and opening an Account will be deemed to be the Account owner and the contracting party for the purposes of the Maidanlah Terms and Policy and will be the person authorised to use the Account in connection with the Services.

(c) In the event that you are creating or operating an Account on behalf of your employer or any other third party, your employer or such third party will be deemed to be the Account owner and you represent and warrant that you have the authority to act on behalf of such person and bind such person to the Maidanlah Terms and Policy.

(d) You are solely responsible for any activity that occurs on your Account and shall be responsible for maintaining the security and confidentiality of your password to your Account, including the password(s) created when you enable Multi-User functionalities. Maidanlah shall not be liable for any losses or damages incurred as a result of you sharing your Account details with others. If you are using a shared computer or device, it is recommended that you do not save your Account details in your internet browser.

(e) You are required to notify Maidanlah immediately if you have knowledge that or have reasons to believe that the confidentiality of your password has been compromised or if there has been any unauthorised use of your Account or any other known Account-related security breach.

(f) The rights, restrictions and obligations set out in the Maidanlah Terms and Policy are applicable to you and to any other person whom you give access to your Account through Multi-User functionality.

(g) In the event of a dispute regarding Account ownership, Maidanlah may suspend the Account until a resolution has been reached between the disputing parties. Maidanlah reserves the right to request for any information or documentation to determine Account ownership and to determine ownership based on its reasonable judgment, whether or not an independent investigation has been conducted by Maidanlah, without liability to you or to any other party.

(h) You acknowledge that Maidanlah will use the email address you provide on Account creation or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Maidanlah and ensure that your primary Account email address must be capable of both sending and receiving messages. Your email communications with Maidanlah can only be authenticated if they come from your primary Account email address.

4. Privacy Policy

As part of using the Services and the Third Party Services that Maidanlah makes available through the Platform and Services, Maidanlah and Third Party Service Providers may require the access to, collection and use of personal information relating to you (whether as an Account holder or as an End User), including the activities and navigation undertaken by you through your Account and the Services. Please read the Privacy Policy and the Third Party Service Provider’s privacy policy in relation to the collection of such information.

5. Obligations and Restrictions on Use of the Platform and Services

(a) Your Obligations

You undertake and agree to:
(i) comply with all terms, rules, guidelines and notices relating to the use of the Platform and Services, as may be amended by Maidanlah from time to time;
(ii) be solely and fully responsible for all activities that occur under your Account; and
(iii) comply with all Applicable Laws (including any specific laws applicable to you, your End Users and in relation to your User Products).

(b) Restricted Activities

You agree and undertake to not:
(i) impersonate any person or entity or provide false information when using the Platform or Services;
(ii) save as expressly provided in paragraph 3(c), use another User’s Account in any capacity;
(iii) use the Platform or Services for illegal or unauthorised purposes, including but not limited to promoting or selling through the Platform or Services any Prohibited Products and Services;
(iv) attempt to gain or gain unauthorised access to password protected or secure areas of the Platform or Services or to any other protected information;
(v) attempt to gain or gain unauthorised access to any part of the Platform, including the servers, computer or database connected to the Platform and Services;
(vi) upload, post or display any User Content in a context which is or may be deemed as libellous, scandalous, defamatory, obscene, profane, threatening, harassing, abusive, racist, discriminatory, offensive, inflammatory, deceptive or fraudulent, encouraging illegal and unlawful conduct, or which otherwise violates the rights of Maidanlah or any third party (which shall include without limitation to any proprietary rights and intellectual property rights);
(vii) abuse or use threatening or vulgar language in verbal or written form towards any Users or Maidanlah and its its employees, directors, officers, shareholders and affiliates;
(viii) without the express written permission of Maidanlah, copy, duplicate, exploit, reverse engineer, sell or resell any part of the Platform and Services (whether through the usage of any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content or otherwise) which is or may be subject to intellectual property rights;
(ix) plagiarise or copy any material and content from Maidanlah’s Platform or communication channels (which shall include the Maidanlah Terms and Policy);
(x) purchase search engine, domain names or other pay per click keywords that use Maidanlah’s trademark and/or variations and misspellings thereof;
(xi) falsely state or otherwise misrepresent your affiliation with any person or entity or falsely express or imply that Maidanlah endorses you and the activities carried out under your Account, your User Website or your User Products;
(xii) upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs, software or code which could adversely affect the use or operation of the website, Maidanlah’s hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties or which may impair or corrupt the Platform’s data or damage or interfere with the operation of the Platform or Services;
(xiii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or the systems or networks connected to the Services, attack the Platform by means of a denial of service attack, a distributed denial of service attack, spam, or otherwise interfere with or disrupt the operation of any of the Services or the servers or networks that host them; and
(xiv) act in a manner that may be perceived as damaging to Maidanlah’s reputation and goodwill or which brings Maidanlah into disrepute or harm.

If you materially breach any term of the Maidanlah Terms and Policy, Maidanlah reserves the right to take one or more of the following actions:

(A) issue a written warning to you;

(B) suspend or terminate your Account and shut down your User Website, as the case may be;

(D) take any other actions which Maidanlah deem reasonably appropriate under the circumstances.

By breaching the provisions of the Maidanlah Terms and Policy, you may also be committing an offence under Singapore laws and other Applicable Laws. In such an event, Maidanlah reserves the right to report such breaches to relevant authorities and also provide your personal information and Account details to such authorities for their further action.

Maidanlah excludes any and all liability arising out of any actions (including but not limited to those set out above) that it may take in response to breaches of the Maidanlah Terms and Policy.

Maidanlah reserves the rights to:
(i) suspend access to all or part of the website, Platform and Services for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that Maidanlah becomes aware of. Wherever Maidanlah anticipates that it needs to suspend access to the website for a considerable period of time, Maidanlah will try to provide you with prior notice where reasonably practicable;
(ii) reject your application for Account creation, cancel a subscription of or terminate an existing Account for any reason, in Maidanlah’s sole discretion;
(iii) request any information from you in connection with your use of the Services and/or access to the Platform at any time;
(iv) monitor, screen and delete any User Content or User Website from the Platform; request that you amend or remove any User Content from your User Website or from the Platform within a stipulated timeframe; request that you refrain from promoting or transmitting certain User Content through your Account;
(v) report any activity which Maidanlah suspects to be in violation of any applicable law to the relevant authorities; and
(vi) restrict access to, suspend your Account and Services or delete your Account, for any reason whatsoever and at any time.

6. User Content and User Products

(a) Modification of Maidanlah’s Standard Layout Template

You may modify Maidanlah’s standard layout template to suit your User Website to the extent supported by the functionalities available. Some sections of the standard layout template are locked and modifications cannot be made by you so as to ensure a proper functioning of the Platform and Services.

Maidanlah may modify its standard layout template in its sole discretion to reflect updates and technical changes.

(b) Sub-Domain Name

A sub-domain name is automatically generated at no additional fees for any new Account created. Such sub-domain shall be owned by Maidanlah and will not be transferred to you even in the event of a cancellation of your subscription or deletion of your Account.

You are responsible for ensuring that all User Content is and will continue to be true and non-infringing on any third party rights or in violation of any Applicable Laws and in no way unlawful for you to upload, post or display. By uploading the User Content, you agree to (i) allow internet users to view your User Content; (ii) allow Maidanlah to display and store your User Content; and (iii) allow Maidanlah to review and amend your User Content at any time and for any reason in its sole discretion and without notice to you.

(d) User Products

You are solely responsible for:

(i) the User Products and ensuring that you are permitted to sell any User Products to the country in which you or your End Users reside;

(ii) the fulfilment of any sale transaction that occurs through your Account;

(iii) where applicable, setting the applicable Taxes for the purchase of your User Products;

(iv) providing all clarifications required by actual and potential buyers of your User Products, including but not limited to true and complete information regarding specifications, recommended use, ingredients, expiry date, safety and health-related concerns, age restrictions, guarantees and warranties available, applicable charges, fees and other relevant aspects as applicable.

Maidanlah is merely providing the Platform for you to sell your User Products and manage your sale activities. Maidanlah shall not be responsible for any customer engagement on your behalf in respect of your User Website or User Products and is not involved in your relationship and/or any transaction with any buyer of your User Products.

7. Intellectual Property

(a) User’s Intellectual Property

(i) You are responsible for and shall own all intellectual property in relation to your User Content including text, graphics, images, photographs, audio and video clips, digital downloads, data compilation or code.

(ii) You shall fully indemnify Maidanlah and its employees, directors, officers, shareholders and affiliates, on demand against any and all claims, actions, damages, losses, liabilities costs and expenses whatsoever (including but not limited to all expenses of investigation and enforcement of this indemnity and all legal and advisers’ fees and expenses, on a full indemnity basis) that Maidanlah and its employees, directors, officers, shareholders and affiliates may incur, suffer or be liable for, if your User Content infringes the intellectual property rights of any third party.

(iii) You grant Maidanlah an international, revocable and free of charge right to use the intellectual property (including your Trademark) in relation to your User Content on the Platform and Services for the purpose of providing its Services to you and for identifying and referring to your business and your products and services for marketing or promotional activities.

(iv) You retain ownership over the User Content that you upload to your User Website. However, by uploading User Content on your User Website, you agree: (A) to allow other internet users to view such content you post publicly to your User Website; (B) to allow Maidanlah to store, and in the case of content you post publicly, display and use such content; and (C) that Maidanlah can, at any time, review and delete all the content submitted to its Service, although Maidanlah is not obligated to do so. You are also responsible for compliance of the User Content with any and all Applicable Laws.

(b) Maidanlah’s Intellectual Property

(i) The entire content of Maidanlah’s website and Platform including without limitation to, text, graphics, images, photographs, audio and video clips, digital downloads, data compilation or code, is copyrighted under Singapore laws and other copyright laws, and is the property of Maidanlah.

(ii) All Trademarks and other intellectual property rights in Maidanlah’s website and the Platform are either owned by Maidanlah or licensed to Maidanlah. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Save as expressly provided or with Maidanlah’s written consent, nothing on the Platform or in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any such Trademarks displayed on the Platform.

(iii) You are permitted to use the Trademarks and the Platform in a descriptive manner but you shall not refer to the Trademarks or the Platform in any way to suggest that you are affiliated to or endorsed by Maidanlah, its employees, directors, officers, shareholders and affiliates, or any Third Party Service Providers.

(iv) Upon the creation of your Account and subject to your compliance with the Maidanlah Terms and Policy, timely payment of all applicable Fees, and for as long as the Services are provided to you, Maidanlah hereby grants you, a non-exclusive, non-transferable, non-sub licensable, fully revocable, limited licence to use the Platform and Services for the purpose of displaying your User Content and promoting and offering your User Products to End Users.

The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via Maidanlah’s website (collectively, “Third Party Marks”) may be trademarks of their respective owners. Save as expressly provided in these Terms, or in terms provided by the owner of a Third Party Mark, nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance.

(d) Restrictions

For the avoidance of doubt, you shall not, without Maidanlah’s prior written approval:
(i)use any Trademarks in relation to any product, service or website;
(ii)reproduce, copy, extract, modify, distribute, publish, display or otherwise use or exploit any content on the Platform in any way or for any purpose;
(iii)hyperlink the Platform and/or any Trademarks to any website; or
(iv)incorporate into another website any content or other materials from the Platform.