Merchant

Terms and Conditions
Last modified: September 17, 2021

Terms of Service

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://www.mycondo.sg website and myCondo mobile application (the “Service”) operated by myCondo. (“We”, “Us”, “Our”, “The Company”)

The Terms of Service, together with the Privacy policies indicated on our website govern your access to and use of the services and site provided by myCondo.

Your access to and use of this service is conditioned on your acceptance and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, please do not access this service.

1. Definition and References

Word used in this agreement shall bear the following meaning:

• ‘Resident’ refers to the person who lives within the condominium or other premises.

• ‘Merchant’ refers to the seller and/or service provider who is engaged to carry out the servicing and maintenance of air conditioning units or parts or other types of services including but not limited to sellers from myMarketplace.

• ‘Customer’ refers to the individual or business who engages in the service of the merchant.

• ‘Entity’ refers to the business or company registered as merchant.

• ‘Platform’ refers to the software application and any portal or website which myCondo owns, operates or otherwise makes available to residents and merchants for the purposes of or in connection with the Service.

• • ‘Service’ refers to servicing and maintenance of air conditioning units or parts or other types of services made available in our platform.

2. Representations, Warranties and Undertakings
When you login to mycondo portal with login credentials, either registered by yourself or someone registered on your behalf for your business entity, you have deemed to have agreed to our Terms of Service which apply to all users of our services made available in our portal.

2.1 By using the Service and/or Platform, you represent, warrant and undertake that:

2.1.1 You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old.

2.1.2 You will provide true, accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it true, accurate, current and complete at all times during the term of the Agreement. You agree that myCondo may rely on your information as true, accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, myCondo has the right to terminate this Agreement and your use of the Service at any time with or without notice.

2.1.3 You will provide us your documentary proof of identity, permits, licenses or certificates which we may reasonably request from you.

2.1.4 You will keep your account & login credential secure and confidential.

2.1.5 You will not authorize others to use your identity and you are not to assign or otherwise transfer your user account to any other person or entity.

2.1.6 You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2.1.7 You will only use the Platform and Service for their intended and lawful purposes and not to violate any applicable laws, rules or regulations in connection with your access or use of the Services.

2.1.8 You possess all the appropriate licenses, approvals, permits, consents, authority and mandatory insurance policies related to or in connection with your provision of the Service.

2.1.9 You shall not contact residents for purposes other than in connection with the Service provided within myCondo’s platform.

2.2.0 You shall not solicit customers who initially reserve booking through myCondo’s platform and whom you eventually served and come in contact with, to engage your services directly and outside of myCondo’s platform.

3. Content

myCondo’s platform and mobile application enables merchant to perform the following key business functions

3.1 Account Setup

• Setup and manage merchant profiles consisting of company & contacts information.

• Use our predefined invoice template for the system to auto send invoices to customers.

• Set up service team, define team leader, team members, add vehicle registration number and work pass information.

• Assign preferred area of operation by districts for each team.

• • Set up working hours/days, configure if a public holiday is a working day.

3.2 Service Setup

• Set up Adhoc and Yearly Service Plans, types of services ( general service, chemical wash, chemical overhaul ) with corresponding pricing information.

• System predefined booking cancellation as allowed up to 2 days prior to service day.

• Reschedule of service requests is subject to availability and acceptance by either party.

4. Service Obligation

Merchant shall agree to make reasonable efforts to provide servicing, maintenance and installation of the air conditioning unit in a professional manner and in accordance with the scope of works.

5. Exclusion Of Liability

Under no circumstances will the company be held responsible or liable in any way for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of information) resulting or arising directly or indirectly during servicing of air-condition by the merchant service team.

The merchant shall take full liability and responsibility to compensate customers should there be any bad faith, gross negligence or wilful misconduct on the part of the merchant service team.

6. Payment

The company collects upfront payment of the services booked by customers, on behalf of the merchant, via payment options as and when made available. All sales transactions are listed and the net amount payable to merchants after sales commission, are tabulated automatically on bi-weekly basis for payout to merchants. All payout must be to the merchant official bank account.

7. Commission Rates

Commission rates are organised in 3 tiers with the respective sales amount illustrated below.

1st Tier Commission 20% of total sales amount before GST <= $2,000 in a period

2nd Tier Commission 18% of total sales amount before GST <= $5,000 in a period

3rd Tier Commission 15% of totalsales amount before GST >= $8,000 in a period

* Sales amount excludes air conditioner parts in commission calculation

After the end of each period, myCondo will filter all sales transactions for that period and payout to merchants accordingly within 7 days after the end of each period.

All sales transactions and commission payable to myCondo are automatically computed by our system.

Merchants can log in to view sales transactions in real time.

8. Refund

Refund of booking cancellation is subject to approval by the company, taking into consideration customer’s mode of payment through a third party payment system where transaction fees and/or credit card charges are incurred by processing the original order, subjected to third parties’ refund policies.

Customer may request for refund in the event such as;

• Multiple transactions

When the same transaction has been charged to the customer’s account more than once.

• Cancellation

When there is a cancellation initiated by the customer.

• Unauthorised transactions

When the transaction is not carried out by the intended personnel due to compromised password or security breach.

• Transaction under duress

If the transaction is entered under threat or duress.

9. Disclaimers and Limitations of Liability

You agree that your use of myCondo’s web portal shall be at your sole risk.

myCondo’s web portal content, including the information, names, images, pictures, logos and icons regarding or relating to myCondo, its products and services (or to third party products and services), is provided “AS IS” and on an “IS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the fullest extent permitted by law, myCondo, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the website and your use thereof.

The Merchant agree to defend, indemnify and hold harmless myCondo, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to myCondo’s web portal; (ii) your violation of any term in this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your customers caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of myCondo’s web portal.

myCondo makes no warranties or representations about the accuracy or completeness of this site’s content or the contents of any sites linked to this site and assume no liability or responsibility for any (1) Errors, mistakes or inaccuracies of content (2) Any unauthorised access to or use of our secured servers and /or any and all personal information and/or financial information stored therein (3) Any interruption or cessation of transmission to or from our website (4) Any bugs, virus, trojan horses or the like which may be transmitted to or through our website by any third party and/or (5) any errors or omission in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the website.

In addition, under no circumstances will myCondo be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of myCondo’s web portal regardless of the form of action.

myCondo’s web portal may contain links to third party websites that are not owned or controlled by myCondo and myCondo does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through myCondo’s web portal or any hyperlinked website or featured in any banner or other advertising and myCondo will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services. By using the website, you expressly relieve myCondo from any and all liability arising from your use of any third-party website.

10. Termination

a) Without prejudice to any other rights or remedies which the parties may have, either party may terminate this subscription on giving a written notice to the other at any time.

b) myCondo reserves the right, in its sole discretion, to terminate your access to any or all services provided by myCondo without prior notice for any reason including but not limited to your violation to this Agreement.

c) Upon the termination of this subscription, the company shall, within fourteen (14) business day following the termination of this Agreement, provide merchant, without charge and without any conditions or contingencies whatsoever (including but not limited to the payment of any fees due to merchant ), with a final extract of the Merchant Data in the format specified by Merchant. The Merchant’s use of the services immediately ceases thereafter and the Merchant acknowledges and agrees that myCondo may immediately delete files in the Merchant’s account.

Please note that your use of myCondo’s web portal, or the tools or services accessed from the web portal denotes your acceptance of this Terms of Service which constitutes the agreement between you, the Merchant and myCondo and this supersedes all prior and contemporaneous negotiations and understandings between the parties whether oral or written, expressed or implied.