Welcome to Treasure Earth!

Treasure Earth is a mobile application that runs compassion driven eco and environmental campaigns; designed to help participants explore and understand how their personal choices and actions affect natural ecosystems and the environment and inspire them to live more conscientiously towards the living ecosystems.

Our approach is that we do not seek to provide more data or more science. There is already a lot of that, and much of it seems to remain in our heads (i.e. brains). Rather than continue staying in the “head”, our approach helps participants understand from their “hearts”, and to live and act with compassion. 

Compassion is a special kind of empathy, that arises when we become aware of suffering, coupled with a desire to relieve it. We focus on intentionally fostering more compassion, and helping others live concretely with more compassionate actions.

1. GENERAL INFORMATION

1.1. Now.Here. Products & Services

Right Now Right Here Pte. Ltd. (“Now.Here.” or “our” or “us” or “we”) operates the website located at www.treasure-earth.global (the “Website”) and the Treasure Earth mobile application (the “Application”) (collectively referred to as the “Platforms”). 

These Terms and Conditions (“Terms”) contain the terms and conditions on which we supply content, products or services (collectively referred to as the “Product” or “Products”) listed on the Platforms or via other delivery methods to you. 

Please read these Terms carefully before accessing the Platforms, and before purchasing any Products from the Platforms and/or from any third parties (e.g. the Apple App Store, the Android Play Store, etc.). 

In these Terms, unless the context requires otherwise, any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words, and references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

The term “Device” refers to the device used to access the Platforms and/or Products including but not limited to computers, smartphones and tablets. When you order (“Order”) any Products, or otherwise use or access our Platforms , you acknowledge you have read, understood and agree to be bound by these Terms, any documents or terms incorporated herein by reference, and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to accessing the Website and/or Application, or prior to purchasing any Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. If you do not agree to be bound by these Terms, please refrain from accessing or using our Platforms, and/or Products.

Our contact email address is hello@now-here.global. All correspondence to Now.Here, including any queries you may have regarding your use of the Platforms and/or Products or these Terms, should be sent to this contact email address.

1.2. Arbitration Notice

Please note that these terms contain an arbitration clause. Except for certain types of disputes mentioned in the arbitration clause, you agree that disputes relating to these Terms or your use of the Platforms and/or Products will be resolved by mandatory binding arbitration.

1.3. Basis of License

These Terms and the Order set out the whole agreement between you and us for the use and supply of the Platforms and/or Products. In order to access and/or use certain parts of the Platforms and/or Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall prevail.

Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Products. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of Now.Here.

As part of your use of the products, you agree to the collection, use and disclosure of your personal data in Singapore, including the processing and storing of your personal data in Singapore for the purposes of processing payments and tracking individual use of the products. By using the products, you acknowledge that you understand and agree that Singapore may not have the same level of protections for your personal data that exists in your country of residence, and you nonetheless consent to the processing and storage of your personal data in Singapore. We will take measures as required to comply with the Singapore Personal Data Protection Act 2012 regarding the collection, use, disclosure, transfer and storage of your personal data.

1.4. Changes to Terms

Now.Here. reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on the Website, upon which said changes or updates will take effect immediately. Your continued access to the Platforms, and/or use of the Products signifies that you have read and understood such changed or updated Terms, and agreed to be bound by the same.Under certain circumstances, we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Platforms, Products and/or email. Nevertheless, it is your responsibility to check the Website from time to time to ensure that you are aware of any changes or updates to these Terms.

1.5. Corporate and other Consumer Communities

Many consumer communities (corporations, universities, hospitals, etc.) (“Community” or “Communities”) purchase and introduce the Products to their employees and members. In some cases, these Communities may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage or supplementary payment for Treasure Earth Premium access. In such event, these Community terms and conditions shall also apply to your use of the Platforms and/or Products. In the event of any conflict with such additional terms and these Terms, the additional terms shall prevail.

2. MEMBERSHIPS AND SUBSCRIPTIONS

2.1. Becoming a Member

You may sign up as a registered user of the Website and/or Application free of charge or at a nominal cost (a “Member”). As a Member you will receive access to certain sections, features and functions of the Platforms and/or Products that are not available to non-members.

To become a Member, you will need to go to the relevant section on the Website and/or Application to submit your first name, last name and email address to us, and create a password to be used in conjunction with that email address (“Registration Information”). You acknowledge and agree that you are solely responsible for the truth, accuracy and completeness of the Registration Information. You may not register for more than one Member account.

In the course of your use of the Products, you may be asked to provide certain personalised information to us ( the “User Information”). Our information collection, use, disclosure and storage policies with respect to the protection of such User Information are set forth in the Now.Here. Data Policy. You acknowledge and agree that you are solely responsible for the truth, accuracy and completeness of the User Information.

2.2. Once a member

You are responsible for maintaining the confidentiality of your account, password, Registration Information and other User Information, and for restricting access to your Device to further help protect such information. You agree and acknowledge that any use of or access to the Platforms and/or Products referable to, and any instructions identified by your account (whether such access to or use of the Platforms and/or Products, or instruction, is authorised by you or not) shall be deemed to be, as the case may be: (a) use of or access to the Platforms and/or Products by you; or (b) instructions transmitted or validly issued by you. Now.Here. shall not be liable for the access of the Platforms and/or Products with your account by anyone other than you or for acting upon such instructions or obliged to verify the authenticity, accuracy and completeness of such instructions. 

You acknowledge and agree that you are solely responsible in keeping your Registration Information and User Information up to date. If there are any changes to your Registration Information and/or User Information, please write to us at: hello@now-here.global so that we may update the same accordingly.

2.3. Use of Treasure Earth by minors

You must be at least 18 years old or the minimum legal age in your country to use the Platforms and/or Products. Our Platforms and/or Products are not intended for use by or targeted towards anyone under the age of 18. If you are not 18 years or older, or at least the minimum age in your country, please refrain from accessing and/or using the Website, Application and/or Products. If you are not 18 years old or of the minimum legal age in your country to use the Platforms and/or Products, you may utilise the Products only with the consent of a parent or legal guardian on your behalf before using the Platforms and/or Products and becoming bound by these Terms.

2.4. Marketing Consent

By agreeing to become a Member, you may receive occasional special offers, marketing, and survey communication emails with respect to the Platforms and/or Products. You can easily withdraw your consent to receive such emails by following the opt-out instructions provided in these emails or by contacting our Data Protection Officer at data@now-here.global.

2.5. Subscription

Members may access the Platforms and/or Products in two ways:

(i) "Basics" Free Trial (“Basics”): 

A free-of-charge trial program, which gives unlimited access to all publicly available active campaigns and our free material; or

(ii) Paid Subscription (“Treasure Earth Premium”): 

A subscription fee-based program, which gives access to additional content including and beyond the Basics offering. You will only have access to Treasure Earth Premium while your subscription is active and subsisting. You may access Treasure Earth Premium in the following ways: by purchasing a subscription to the Products from the Website, within the Application (where allowed by the Application marketplace partners), or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or the Application, the sale is final and non-refundable. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the terms and conditions of such partners, and payment and management of the bundle subscription may be administered by them. Additionally, you may receive access to Treasure Earth Premium via your Community (as defined and further outlined in Section 1.5 above). In such instance, you may still be required to provide your payment information in order to access Treasure Earth Premium.

You may access Treasure Earth Premium via a monthly or annual subscription option. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days, and a year constitutes 365 calendar days.

2.6. Transferability of membership accounts and subscriptions

Membership accounts and subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidised, or free accounts or subscriptions.

3. RENEWAL AND CANCELLATION OF SUBSCRIPTION

3.1. Automatic renewal of subscription

Unless specifically noted at the time you purchase a subscription, that subscription will continue indefinitely until cancelled by you. The subscription you purchase will automatically continue for an additional equivalent period and your account will be billed the price you agreed to on subscription unless you cancel your subscription by the end of the applicable monthly or annual period.

When you purchase a subscription, you authorise the relevant payment service provider to charge your account at such time and again at the beginning of any subsequent subscription period, including any applicable charges imposed on your subscription payments.

3.2. Cancellation by you

You may cancel a monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. 

You may cancel an annual subscription plan at any time. Cancellation is effective at the end of the applicable annual period. 

Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewals of paid In App Subscriptions by selecting “Manage App Subscriptions” in your iTunes account settings and selecting the subscription you want to modify, or according to the current process outlined by Apple. If you purchase a subscription through the Google Play store, you may cancel your subscription by cancelling automatic renewals by selecting “Subscriptions” in your Google Play account settings and selecting the subscription you want to modify, or according to the current process outlined by Google Play.

Notwithstanding any cancellation under this section, no refunds will be provided for monthly or annual subscriptions that you have previously paid to us. 

3.3. Cancellation by us

We may suspend or terminate your use of the Platforms and/or Products as a result of your fraud or breach of any of these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes without limitation, the unauthorised copying or downloading of our audio or video content from the Platforms and/or Products.

4. PROHIBITED USE OF THE PRODUCTS

You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Platforms and/or Products or the Platforms and/or Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Platforms and/or Products or to violate any of the procedures, policies or regulations of networks connected to the Platforms and/or Products. You may not access the Platforms and/or Products in an unauthorised manner.

You agree not to impersonate any other person while using the Platforms and/or Products, conduct yourself in an offensive manner while using the Platforms and/or Products, or use the Platforms and/or Products for any illegal, immoral or harmful purpose.

By breaching the provisions of this section, you may have committed a criminal offense under applicable laws. We reserve the right to report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platforms and/or Products will cease immediately.

You agree not to use the Platforms and/or Products for any purposes related to scientific research, analysis or evaluation of the Platforms and/or Products without the express written consent of Now.Here..

5. MATERIALS OFFERED THROUGH THE PRODUCTS

5.1. Copyright

All materials (including software and content whether downloaded or not) contained in the Platforms and/or Products are owned by Now.Here. (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.

You acknowledge and agree that certain materials on or in the Platforms and/or Products are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce their rights under these Terms against you.

Audio or video content on the Platforms and/or Products not explicitly indicated as downloadable may not be downloaded or copied to any Device.

The Platforms and/or Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without prior notice to you and may result in termination of your privileges. You must not use any part of the materials used in or on the Platforms and/or Products for commercial purposes without obtaining a written license to do so from us. Material from the Platforms and/or Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorised use or violation of these Terms immediately and automatically terminates your right to use the Platforms and/or Products and may subject you to legal liability. You agree not to use the Platforms and/or Products for illegal purposes (including, without limitation, unlawful, harassing, libellous, privacy invading, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Platforms and/or Products. Appropriate legal action may be taken for any illegal or unauthorised use of the Platforms and/or Products.

A limited amount of content may be marked and authorised for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by Now.Here. through the Platforms and/or Products that are specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), Now.Here. grants you a limited right to download, reproduce and distribute Distribution Content over the Internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content on the Platforms and/or Products, such as the limitation of the display and distribution of Distribution Content within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.

You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Platforms and/or Products. If you make other use of the Platforms and/or Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other applicable laws of Singapore and other foreign laws, and may be subject to liability for such unauthorised use. Now.Here. will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

5.2. Trade Marks

Now.Here., the Now.Here. logo and all other Now.Here. product or service marks, including Treasure Earth, are trade marks of Now.Here.. All intellectual property, other trade marks, logos, images, product and company names displayed or referred to on or in the Platforms and/or Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trade marks displayed on the Platforms and/or Products is strictly prohibited. Now.Here. will enforce its trade mark rights to the fullest extent of the law, including the seeking of criminal prosecution.

6. AVAILABILITY OF PRODUCTS

Although we aim to offer you the best service possible, we make no promise that the Platforms and/or Products will meet your requirements and we cannot guarantee that they will be fault free. If a fault occurs in the Platforms and/or Products, please report it to us at hello@now-here.global and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Platforms and/or Products while we address the fault. We will not be liable to you if the Platforms and/or Products are unavailable for a commercially reasonable period of time.

Your access to the Platforms and/or Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Platforms and/or Products as soon as we reasonably can. In the event that the Platforms and/or Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your order by emailing hello@now-here.global.

7. USER MATERIAL

The Platforms and/or Products may let you submit material to us: for example, you may be able to upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Platforms and/or Products. You may be able to upload videos, images or sounds. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include your account information, information relating to your purchase or use of the Platforms and/or Products, or information that you provide in registering for and using the Platforms and/or Products.

If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so. By posting on the Platforms and/or Products, you agree that your User Material will be visible by other users. We do not systematically review User Material submitted by you or other users. Now.Here. shall in no way be responsible for how your User Material may be understood, perceived or interpreted as by any person. Now.Here. shall also not be liable nor responsible for any negative reviews, comments or feedback, nor shall we be liable for any losses, expenses, costs and/or damage suffered by you in relation to or in connection with your User Material being posted on the Websites. We do not necessarily endorse any opinion contained in such User Material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.

We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Platforms and/or Products, particularly where User Material breaches these Terms, and we may do this with or without giving you any prior notice.

We may link User Material or parts of User Material to other material, including material submitted by other users or created by Now.Here. or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Now.Here.. You acknowledge that we may commercially benefit from use of your User Material.

Each time you submit User Material to us, you represent and warrant to us as follows:

1. You own your User Material or have the necessary rights and licences to submit it, and in submitting it you will not be infringing on the rights of any third party, including intellectual property rights (such as copyright or trade mark), rights of confidentiality or rights under contract;

2. Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate;

3. Your User Material does not advertise any product or service or solicit any business;

4. Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if your User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material;

5. You will not collect email addresses of other users for the purpose of sending unsolicited email;

6. You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person;

7. You will not engage in any automated use of the system, such as using scripts to alter our content;

8. You will not, without authorisation, access, tamper with, or use non-public areas of the Platforms and/or Products, Now.Here.’s computer systems, or the technical delivery systems of Now.Here.’s providers;

9. Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Platforms and/or Products or any other Now.Here. system or network or breach any security or authentication measures.

We are committed to complying with intellectual property laws, and we require all users of the Platforms and/or Products to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Platforms and/or Products in any manner that constitutes an infringement of a third party’s intellectual property rights, including rights granted by copyright law. 

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trade marks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately.

We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.

If you believe that your work has been copied and posted on the Platforms and/or Products in a way that constitutes copyright infringement, please contact our designated agent with the following information:

1. An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;

2. A description of the copyrighted work or other intellectual property that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the Platforms and/or Products;

4. Your address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; and

6. A sworn statement by you that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.

Our designated agent for notice of claims of copyright infringement can be reached as follows:

By Mail: 

Now.Here. Right Now Right Here Pte. Ltd.

43A Beach Road #02-00 S189681

Attn: Copyright Agent 

By Email: 

Email Address: hello@now-here.global 

Subject line: Copyright and Intellectual Property

User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of confidentiality. By submitting User Material you hereby grant Now.Here. an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Platforms and/or Products, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorise sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Now.Here. may include your User Material in Now.Here’s Distribution Content that is made available to others through the Platforms and/or Products. Any intellectual property rights to the User Material to which Now.Here has made any modifications to will be jointly owned by Now.Here. and you. Be aware that Now.Here has no control over User Material once it leaves the Platforms and/or Products, and it is possible that others may duplicate your User Material, including, but not limited to, on other sites on the Internet. You agree to indemnify Now.Here and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.

Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Platforms and/or Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Platforms and/or Products, you grant, and you represent and warrant that you have the right to grant, to Now.Here. an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorise sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Now.Here. has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Now.Here. and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

8. DONATIONS

The Platforms and/or Products allow you to make donations in support of Treasure Earth, Now.Here. or other projects that aim to provide help people live with greater kindness and compassion to the earth and her living eco-systems. 

Donations may be made via various payment methods (e.g. credit card, Apple Pay, Google Pay, PayPal and other payment methods) (each known as a “Payment Method”). By providing information related to a Payment Method, you represent, acknowledge and agrees that you: (i) are permitted to use that Payment Method; and (ii) shall be the solely responsible for any fees charged by the financial institution or other payment method provider for the transaction.

We take every reasonable care to ensure that all donations and related transactions are conducted via a secure connection. However, the security of information and payments transmitted via the internet cannot be guaranteed. You acknowledge and agree that: (i) donations are at your own discretion and risk; and (ii) we have no liability whatsoever for (a) any loss you may suffer if a third party obtains unauthorised access to any information provided by you and (b) any act or omission by the financial institution, credit card or other payment method provider, telecommunications services providers.

9. LINKS TO WEBSITES/HOME PAGE

We may provide links to other websites or services for you to access that are owned and/or operated by third parties who are not related or affiliated to Now.Here.. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of; (b) the data protection/privacy practices of; (c) the content, advertising, products, goods or other materials or resources on or available from; or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss and/or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

10. DISCLAIMER

The information contained on or in the Platforms and/or Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Platforms and/or Products or the information contained on or in the Platforms and/or Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

11. END USER LICENSE

Subject to these Terms and your payment of the applicable subscription fees, Now.Here. grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Platforms and/or Products.

The Platforms and/or Products contain or embody copyrighted material, proprietary material or other intellectual property of Now.Here. or its licensors. All rights, title and ownership in the Platforms and/or Products remain with Now.Here. or its licensors, as applicable. The rights to use the Website, download the Application, and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with these Terms. 

You agree that you will not assist or permit any third party to:

1. Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Platforms and/or Products in any way, or create derivative works of the Platforms and/or Products;

2. Use the Platforms and/or Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;

3. Rent, lease, loan, make available to the public, sell or distribute the Platforms and/or Products in whole or in part;

4. Tamper with the Platforms and/or Products or circumvent any technology used by Now.Here. or its licensors to protect any content accessible through the Platforms and/or Products;

5. Circumvent any territorial restrictions applied to the Platforms and/or Products; or

6. Use the Platforms and/or Products in a way that violates these Terms.

12. GENERAL

Now.Here. may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

12.1. Indemnity

You agree to defend, indemnify and hold Now.Here. and its directors, officers, members, investors, managers, employees and agents harmless from and against any and all claims, liabilities, costs and expenses, including without limitation, legal fees, arising in any way from: 

1. your access to and use of the Platforms and/or Products;

2. any information posted or made available by you on the Website and/or Application;

3. your placement or transmission of any message, content, information, software, or other submissions through the Platforms and/or Products;

4. any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your negligent or more culpable acts or omissions related to your use of the Platforms and/or Products;

5. any other negligent, reckless, or willful misconduct or omission on your part;

6. your breach or violation of the law or of these Terms; and/or

7. any other party doing any of the above, where such party was able to access or use the Platforms and/or Products using your account and/or password.

12.2. No Waiver

If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure shall not operate as a waiver of that right or any other rights under these Terms.

12.3. Force Majeure

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Platforms and/or Products, or for any failure or delay by us to comply with these Terms, where such lack of performance, unavailability or failure arises from any cause beyond our reasonable control.

12.4. Electronic Communications

Applicable laws may require that some of the information or communications we send to you to be in writing. When using the Platforms and/or Products, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Platforms and/or Products. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

To receive and view an electronic copy of the communications you must have the following equipment and software:

1. A personal computer or other device which can access the Internet.

2. An Internet web browser which can support 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software.

Your access to this page verifies that your browser and encryption system/device/software meet the above requirements.

You have the right to receive a paper copy of the electronic communications. To receive a paper copy, please request it by emailing us at hello@now-here.global

We may charge you a reasonable service charge to mail you a paper copy of any electronic communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. In your request for a paper copy of the electronic communication, please be sure to specify the particular electronic communication that that you are requesting for.

You can also contact us via email at data@now-here.global to unsubscribe from further communications. Unsubscribing from communication may impact your ability to use the Platforms and/or Products.

We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.

12.5. Notices

Unless otherwise specifically indicated, all notices given by you to us must be given to Now.Here. at hello@now-here.global. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in Section 12.4 above. Notice will be deemed received and properly served immediately when posted on the Platforms and/or Products or when an e-mail or other electronic communication is sent to you. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.

12.6. Entire Agreement

These Terms and any documents or terms incorporated herein by reference constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that are not set out in these Terms or any documents or terms incorporated herein by reference. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in these Terms limits or excludes any liability for fraud.

12.7. Third Party Rights

As mentioned above, these Terms are formed between you personally and Now.Here. only. Save where expressly allowed in these Terms, a person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B), or as may be modified, supplemented, or adapted from time to time, to enforce these Terms.

12.8. Limitation of Liability

Now.Here. and its affiliates, suppliers, clients or licensors (collectively, the “Protected Entities”) does not guarantee the accuracy of and disclaims all liability for any errors or other inaccuracies relating to the content on the Platforms and/or Products. Now.Here. makes no representations about the suitability of the content published on the Platforms and/or Products for any purpose, and the inclusion or offering of any Products on the Website and/or Application does not constitute any endorsement or recommendation of such Products by Now.Here.

Under no circumstances shall the Protected Entities be liable to you or any other person for any losses, damages and/or claims, including any direct, indirect, special, incidental, exemplary, consequential or other damages, under tort, contract, strict liability or otherwise, sustained or incurred by you or any other person resulting from:

1. your access to and use of the Platforms and/or Products;

2. your reliance on any content on the Platforms and/or Products;

3. any computer viruses, information, software, linked sites, obtained through the Platforms and/or Products; and/or

4. any interruptions, technical or problems of other nature in your access to and use of our Platforms and/or Products.

Without limiting the generality of the foregoing, the Protected Entities shall have no liability for:

1. any loss or injury caused, in whole or in part, by Now.Here.’s actions, omissions, or negligence, in procuring, compiling, or delivering information within or through the Platforms and/or Products;

2. any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery of such information;

3. any decision made or action taken or not taken in reliance upon such information

4. faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control);

5. any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Platforms and/or Products, or from transmissions via emails or attachments received from us; or

6. any use of websites linked to the Platforms and/or Products that are operated by third parties.

Notwithstanding the above exclusions, if the Protected Entities are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, in no circumstances will the aggregate liability of Now.Here., whether in contract, tort or otherwise, for damages to you under these Terms exceed the actual amount paid by you for access to the Website and/or Application, and/or for the Products in question.

Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Platforms and/or Products. In no event shall the Protected Entities be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Platforms and/or Products or other activities you undertake in connection with your use of the Platforms and/or Products.

12.9. Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH NOW.HERE., AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM NOW.HERE. INCLUDING A LIMITATION ON THE RIGHT TO LITIGATE CLAIMS IN A COURT.

Any dispute arising out of or in connection with these Terms or your use of the Products, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.

The Tribunal shall consist of 1 arbitrator.

The seat of the arbitration shall be Singapore.

The language of the arbitration shall be in English. 

12.10. Exclusive Venue

To the extent you and Now.Here. are permitted under these Terms to initiate litigation in a court, both you and Now.Here. agree that all claims and disputes arising out of or relating to these Terms or the use of the Platforms and/or Products will be litigated exclusively in the Republic of Singapore. 

12.11. Governing Law

These Terms and any disputes arising out of or relating to these Terms or the use of the Platforms and/or Products shall be governed by and construed in accordance with the law of the Republic of Singapore, and you hereby agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore.

12.12. Severability

If any provision of these Terms is found to be void, voidable, unenforceable or illegal, then that provision shall be read down so as to be valid and enforceable or, if it cannot be so read down, the provision (or where possible, the offending words) shall be severed from these Terms without affecting the validity, legality or enforceability of any remaining provisions (or parts of those provisions) of these Terms which shall continue in full force and effect.

These Terms are effective and were last updated on 13 April 2021. 

Right Now Right Here Pte. Ltd. is located at 43A Beach Road #02-00 S189681.