susGain maintains the right to amend its terms and conditions, in whole or in part, at any time, with or without prior notice.
SUSGAIN Pte. Ltd. (“susGain”) is rewards based mobile application to drive sustainable behavioural change in communities. We facilitate users to make sustainable lifestyle choices and earn rewards credited to the users’ susGain account through susGain’s various platforms including but not limited to its offline and online channels (website, browser extension and mobile applications) collectively referred to as (“susGain Platforms”).
The use of the services (the “Services”) offered on the susGain Platforms and accounts maintained with susGain shall be subject to these terms and conditions (the “Agreement”).
This Agreement constitutes a legally binding agreement between each individual who uses the Services or who maintains an account with susGain. By using any of the Services or maintaining an account with susGain, you acknowledge that you have read and understood this Agreement and agree to be bound by all of its terms. susGain maintains the right to amend its terms and conditions, in whole or in part, at any time, with or without prior notice. Your continued use of any of the Services or continued maintenance of an account with susGain shall constitute your acceptance of such modification and consent to abide by any terms thereof.
1. Service License Subject to this Agreement
susGain hereby grants you a revocable, non-exclusive, non-transferable license (without the right to sublicense) to access and use the susGain Platforms and the Services solely for your personal use. You agree that you obtain no rights other than the rights and licenses expressly granted under this Agreement. susGain reserves the right to change, upgrade or discontinue any or all of the Services or the susGain Platforms or any feature of the Services or the susGain Platforms, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by susGain.
2. susGain Account
Some of the Services require the user to maintain an account with susGain. A user may create an account free of charge by providing the relevant mandatory details requested for. Use of the account and the Services (including the opportunity to earn rewards) are offered at the sole discretion of susGain and subject to your compliance with this Agreement.
An individual shall not create or have control and/or custody over multiple susGain accounts. A failure to abide by any terms and conditions, any fraud or abuse relating to the accrual of Points and/or Impact Rewards or Bonuses, and/or any misrepresentation of any information furnished to susGain or its affiliates may result in your susGain account being flagged for suspicious activity and suspended or terminated and any Points and/or Impact Rewards or Bonuses accumulated being forfeited.
You are responsible for regularly checking your account to ensure Points and/or Impact Rewards or Bonuses have been properly credited and that your account balance is up to date. You must notify susGain of any omissions, incorrect entries or discrepancies concerning any transaction within 30 days after that transaction. susGain reserves the right not to correct any omissions, incorrect entries or discrepancies brought to its attention after the 30-day period. susGain reserves the right to make corrections to susGain accounts that have been incorrectly credited with Points and/or Impact Rewards or Bonuses which are not supported by transactions performed by the individual.
3. Earning Impact Rewards and Bonuses
Among services offered by susGain is the opportunity to earn Impact Rewards or Bonuses on conversion of Points accrued through our various sustainability-related activities on susGain Platforms. Creating and maintaining an account with susGain is required before a user can start earning Point, Impact Rewards or Bonuses. Usage of the Impact Rewards or Bonuses is also subject to the various terms, conditions and requirements, express or implied, associated with the i) earning Points, ii) Conversion to Impact Rewards or Bonuses and iii) or crediting of Impact Rewards or Bonuses to user accounts in general or terms, condition and requirements associated with the individual promotions that would be applicable and may be run from time to time. These terms, conditions and requirements include but are not limited to:- (a) Requiring the user to have cookies enabled throughout when accessing the susGain Platforms; and (b) Not engaging in any fraudulent or dishonest conduct and/or abiding by the terms of this Agreement or any other terms and conditions stipulated by susGain.
In general, Points are earned on the completed sustainability-related activities on susGain Platforms and will be credited to the users account within the stipulated time as defined by each activity. Points, Impact Rewards or Bonuses and individual promotions may contain specific exclusions and a varied rate of earning Point or Impact Rewards or Bonuses. These Points and Impact Rewards or Bonuses earning rates and conversion values and related exclusions are subject to change without prior notice, and susGain hereby disclaims any and all liability in connection with any incorrect information or failure to include information on the list of exclusions.
4. Impact or Bonus Partner Policies
Any Impact Rewards or Bonuses redeemed from any Partner, whether through susGain or otherwise, is governed by and subject to the applicable Partner’s policies and terms and conditions. You agree that we are not agents of any Partner business and that the Partner operates independently and not under our control. We do not assume any liability, obligation or responsibility for any part for breaches or non performance of Partners.
5. Adjustments to susGain Account
Further to paragraph 2 above, susGain’s reserves the right to make adjustments to your susGain user’s account where it is necessary, reasonable, or expedient to do so if the Points or Impact Reward is not supported by transactions performed by the individual. This includes (but is not limited to) situations where Point, Impact Rewards or Bonuses has been incorrectly credited into a user’s account and/or where a user is found to have acted fraudulently, dishonestly, or in contravention of the terms of this Agreement.
6. Redeeming susGain Impact Rewards & Bonuses
susGain Impact Rewards or Bonuses can be redeemed at selected Partner on susGain Platforms subject to the terms and conditions of this Agreement or the specific conditions and the selection and availability of Partners on susGain Platforms is at susGain sole discretion and may change from time to time without any prior notice.
7. Validity of Points and susGain Account Deactivated
Any unredeemed Points of a susGain User will remain valid as long as the User’s susGain Account remains active. If a susGain User Account has been inactive for a period of more than 18 months, susGain reserves the right to deactivate the account and any unredeemed Points, Impact Reward and Bonuses will become invalid.
8. Termination of susGain Account
susGain reserves the right to terminate a susGain User Account if it remains inactive (i.e. no successful transactions are made through susGain) for a period of more than 18 months or in accordance with Clause 7 above, Clause 12 below or where it is necessary or reasonable to do so in order to comply or satisfy and law, regulation or court order.
9. Personal Data Protection
As part of using the susGain Platforms, the susGain User agrees to authorize susGain to display the susGain’s User profile picture and profile name in the susGain Leaderboard which is visible to all susGain Platform and Community users. The susGain User consents to allow susGain and its related parties to publish the user’s profile picture and profile name of the susGain Leaderboard winners for marketing purposes on its various media channels.
10. Bonuses and or Impact Reward
susGain may at its discretion, periodically offer Impact Rewards or Bonuses for performing certain actions (such as but not limited to referring new users to susGain, free vouchers for sustainability challenges etc). The terms and conditions accompanying such offers will govern how they are earned and paid. susGain prohibits Users to create more than one susGain account to gain multiple Impact Rewards or Bonuses. Any irregularities identified will be dealt with in accordance with Clause 12 below.
You are responsible for any and all taxes that may apply to amounts earned from susGain Points, Impact Rewards or Bonuses you have earned and or redeemed. susGain makes no representation as to the tax treatment of such amounts.
susGain may suspend or terminate your account if it has reason to believe you are involved in any fraudulent or dishonest activities. Any failure to comply with this Agreement, any fraud, dishonesty or abuse relating to the use of the services or your account, or any misrepresentation of any information furnished to susGain or its affiliates by you or anyone acting on your behalf may result in the termination of your account and forfeiture of your accrued Points or Impact Rewards or Bonuses.
13. Third Party Rights
A person who is not party to this Agreement has no rights to enforce any terms of this Agreement.
By becoming a susGain User, you agree to receive account and user-related communications as well as periodically emails that highlight activities available to users of susGain. We may communicate with you regarding your account by electronic communications or direct mail using information you provide during the registration process. Your consent to receive electronic communications include any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change subsequent to the date you become a susGain User. We may also send you push notifications if you install the mobile application.
All rights, title, and interest in the Services, the susGain Platforms and the Content associated with or on the same belong to susGain or its partner business. Additionally, susGain shall maintain all rights, title, and interest in “susGain”, including logo, and any other marks, service marks, trademarks, or logos of susGain (the “susGain Marks”) that are registered in Singapore and other countries. You shall not mention or use susGain without written consent of susGain. All other trademarks not owned by susGain that are used in providing the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by susGain.
16. Community Guidelines
By creating a susGain account, you are becoming a member of a community that depends on the goodwill and responsible behaviour of each of our users. Users are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Services, the susGain Platforms, our employees, contractors or agents, our partner business, or other users. This includes communications by means of social media or other internet posts which violate the above community standards or promote or encourage gaming or fraudulent behaviour. Users who violate this provision, as determined by us in our absolute discretion, may have the accounts suspended or terminated without prior notice.
You agree to indemnify susGain, any partner businesses, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defence and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defence and settlement of any matter subject to indemnification by you.
18. Warranty Disclaimer
The Services, content, and the susGain Platforms are provided “as is” and without warranty of any kind, express or implied, including without limitation, warranties of title, merchantability, fitness for a particular purpose or non-infringement. We make no warranty as to the quality, accuracy, correctness, completeness, reliability or validity of the Services, content or the susGain Platforms, including without limitation, any product search results, product descriptions, product availability, pricing information advice, opinion, statement, recommendations, or other information displayed, uploaded or distributed in connection with the Services. susGain does not warrant that the functionality of the susGain Platforms will be uninterrupted or error-free, that defects will be corrected, or that they will be free of viruses or other harmful content.
19. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall susGain be liable for any special, incidental, consequential, exemplary, punitive or other indirect damages or for any loss profits, loss data or loss of use damages, even if it has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, susGain’s maximum aggregate liability arising out of this agreement will not exceed S$10.
20. Governing Law and Arbitration
This Agreement, including any amendments thereto that susGain may from time to time make at its discretion, are governed by and construed in accordance with the laws of the Republic of Singapore. Any dispute arising out of or in connection with this contract, 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 seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. You agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
You may not assign your rights and obligations under this Agreement, in whole or in part, without prior written consent, and any such assignment without such consent will be null and void.
Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.
23. Waivers / Severability
Any failure to enforce any provision of this Agreement on the part of susGain will not be deemed a waiver of that provision. Any waiver of any provision of this Agreement by susGain on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.
24. Entire Agreement
This Agreement (together with the additional terms and conditions referred hereto or generally) represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements and representations, written or oral (including without limitation, earlier version of this Agreement that may have been accepted by you). We reserve the right to modify this Agreement at any time. Your continued use of any of the susGain Platforms shall constitute your acceptance of such modification and your consent to abide by any terms thereof.
Updated: 01 March 2023