Terms and Conditions
In these terms and conditions, “we”, “us”, “SpacesGenie”, “Spaces Genie”, “SpacesGenie.com” and “our” refers to Pop Up Pte. Ltd. Your access to and use of all information on this website is provided subject to the following terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
SpacesGenie is an online platform that connects people (“User”) who need short term commercial retail space (“Space”) with owners of retail space that is available on that basis (“Space Owner”). Our objective is to make it easy for Users to find space as per their requirement and for Space Owners to list their space conveniently. If the Space Owner is happy with the Users enquiry, then the Space Owner and the User will enter into an agreement directly and SpacesGenie will charge an administrative and service fee towards this enquiry. We do not own any commercial spaces nor are we property agents.
In order to use spacesgenie.com you must be of 18 years or older, am legally capable and permitted to accede to these Terms and to perform your obligations under these Terms.
This agreement is subject to change at any time, effective upon posting on the Service. Upon modifications to these Terms, we will post notice of the modifications via the site and your continued visit and use the website after such posting will constitute your acceptance of and agreement to the changes.
User and Space Owner Information
“Your Information” is defined herein as any information and materials, including without limitation photographs, email, document, and information you provide to SpacesGenie or other users in connection with your registration for and use of the Services.
As a registered user or owner you are solely responsible for Your Information. You agree that SpacesGenie merely acts as a passive conduit for your online distribution and publication of Your Information. To enable SpacesGenie to use Your Information without violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known. SpacesGenie shall have complete discretion in how it chooses to display, use or dispose of Your Information in connection with the Site and Services. As part of our Services, SpacesGenie shares photo updates with users. You agree SpacesGenie may, in its sole discretion, publish photos you submit on the Site across social media services including Facebook®, Twitter®, Pinterest®, Instagram®, Youtube®, Linkedin® and similar sites.
Therefore, you represent and warrant to SpacesGenie that Your Information submitted:
- (a) will not be false, inaccurate, incomplete or misleading;
- (b) will not be fraudulent or involve the sale of counterfeit or stolen items;
- (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;
- (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing;
- (f) will not be obscene or contain child pornography or be harmful to minors;
- (g) will not contain any viruses, Trojan Horses, worms, time bombs, bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
- (h) will not create liability for SpacesGenie or cause SpacesGenie to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
Intellectual Property Rights
All Site contents including text, graphics, editorials, data, graphs, designs, scripts, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that are accessed on the Site are owned by SpacesGenie or used by permission.
Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without SpacesGenie’s express prior written consent. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of SpacesGenie and/or the relevant right holder.
The service marks and trademarks of SpacesGenie, including without limitation www.spacesgenie.com and the SpacesGenie logo are service marks owned by Pop Up Pte. Ltd. Any other trademarks, service marks, logos and/or trade names appearing on the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
All materials contained on the website SpacesGenie.com are protected by copyright laws. Access to the site does not grant you any right to the intellectual property rights of the material available. It is prohibited to copy, imitate or produce derivative works in any manner, or display, frame or mirror it by any means without the prior permission of SpacesGenie.
SpacesGenie respects copyright law and expects its users to do the same. SpacesGenie has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe the rights of copyright holders. You shall not monitor or copy the content on this website using any technology such as Robot, Spider, Scraper or any other automated or manual means.
Links to Third-Party Sites
The Services may include links to other sites and services that are not operated by SpacesGenie. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third-party sites.
Termination or Account Cancellation
The information contained in this Site, including these Customer Terms and the policies are subject to change at any time, without notice to you, at our sole discretion. SpacesGenie makes no commitment to update the materials on the Site, including information that may be out of date. SpacesGenie reserves the right to, at any time and without notice, modify, suspend or terminate operation of or access to the Site, or any portion thereof, or interrupt the operation of the Site, or any portion thereof.
SpacesGenie also reserves the right to terminate any user account upon breach of the Customer Terms. You shall not use the Site or any content in violation of any applicable laws or regulations, including without limitation Singapore’s export laws and regulations. In the event of a termination due to a breach, you shall remain liable for all amounts due here under.
SpacesGenie does not endorse any Users, Space Owners, or any Spaces featured on the Services. In addition, we do not attempt to confirm, and do not confirm, any Users, or Space Owner’s purported identity. You are responsible for determining the identity and suitability of others whom you contact via the Services.
We will not be responsible for any damage or harm resulting from your interactions with other users of the Services. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users and Space Owners will be limited to a claim against the particular Users or Space Owners who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from SpacesGenie in this regard.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SPACESGENIE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY SPACE OWNER OR USER. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, SPACESGENIE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SPACESGENIE MAKES NO WARRANTY THAT THE SERVICES OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO, THE LISTINGS OR ANY SPACES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SPACESGENIE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SPACES, OR ANY SERVICES OR SITE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPACESGENIE OR THROUGH THE WEBSITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SPACE OWNERS. YOU UNDERSTAND THAT SPACESGENIE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR REVIEW OR VISIT ANY SPACES. SPACESGENIE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, SPACES OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON BY WAY OF A SPACE VISIT OR OTHERWISE.
You agree to indemnify and hold harmless SpacesGenie and any of its owners, officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, fines, penalties, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of litigation by third parties), arising out of, or in any way connected with:
- (a) your access to or use of the Services or Site Content or your violation of these Customer Terms;
- (b) your user, content and relevant information; and
- (c) your (i) interaction with any User, or Space Owner, (ii) submitting of inquiries on a Listing, (iii) scheduling a Space Visit or booking of a Space or (iv) use of a Space by you or any other User.
Limitation of Liability
SPACESGENIE CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION OR CONTENT ON THIS WEBSITE. WE CANNOT ALSO MAKE ANY WARRANTY ON THE SUITABILITY OF THE INFORMATION ON THIS WEBSITE FOR ANY PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND SITE CONTENT, AND YOUR BOOKING OF ANY SPACES VIA THE SERVICES, REMAINS WITH YOU. NEITHER SPACESGENIE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE CUSTOMER TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR BOOKING OF ANY SPACE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPACESGENIE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE SPACE OWNERS SUPPLYING LISTING OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SPACESGENIE. SPACESGENIE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SPACE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. SPACESGENIE AND ITS AFFILIATES HAVE NO LIABILITY AND MAY MAKE NO REFUNDS IN THE EVENT OF CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND WILL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE OR OMISSIONS.
IN NO EVENT SHALL SPACESGENIE AND/OR ITS RESPECTIVE SUPPLIERS/PARTNERS/VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF SPACESGENIE AND/OR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOVERNING LAW; DISPUTE RESOLUTION.
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF REPUBLIC OF SINGAPORE WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS. YOU AGREE TO THE PERSONAL JURISDICTION BY AND SPACE IN THE STATE AND FEDERAL COURTS IN SINGAPORE AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR SPACE. ANY CLAIM UNDER THESE CUSTOMER TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED. NO RECOVERY MAY BE SOUGHT OR RECEIVED FOR DAMAGES OTHER THAN OUT-OF-POCKET EXPENSES, EXCEPT THAT THE PREVAILING PARTY WILL BE ENTITLED TO COSTS AND ATTORNEYS’ FEES.
IF A DISPUTE ARISES OUT OF OR RELATES TO THIS AGREEMENT, OR THE BREACH THEREOF, YOU AGREE TO TRY IN GOOD FAITH TO SETTLE THE DISPUTE BY CONTACTING SPACESGENIE DIRECTLY AT SUPPORT@SPACESGENIE.COM
IF A DISPUTE ARISES OUT OF OR RELATES TO THIS AGREEMENT, OR THE BREACH THEREOF, AND IF THE DISPUTE CANNOT BE SETTLED THROUGH NEGOTIATION, YOU AGREE TO TRY IN GOOD FAITH TO SETTLE THE DISPUTE BY MEDIATION ADMINISTERED BY THE SINGAPORE COURT OF JUSTICE UNDER ITS COMMERCIAL MEDIATION PROCEDURES BEFORE RESORTING TO ARBITRATION, LITIGATION, OR SOME OTHER DISPUTE RESOLUTION PROCEDURE.
IF A DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, AND IF THE DISPUTE CANNOT BE SOLVED THROUGH NEGOTIATION, OR MEDIATION, YOU AGREE TO SETTLE THE DISPUTE BY ARBITRATION ADMINISTERED BY THE SINGAPORE COURT OF JUSTICE UNDER ITS COMMERCIAL MEDIATION PROCEDURES AND ITS CONSUMER RELATED DISPUTES SUPPLEMENTARY PROCEDURES BEFORE RESORTING TO LITIGATION, OR SOME OTHER DISPUTE RESOLUTION PROCEDURE. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. IF THE DISPUTE CANNOT BE RESOLVED THROUGH NEGOTIATION, MEDIATION, OR ARBITRATION, THEN THE PARTIES SHALL BE FREE TO PURSUE ANY RIGHT OR REMEDY AVAILABLE TO THEM UNDER APPLICABLE LAW.
These Customer Terms constitute the entire and exclusive understanding and agreement between SpacesGenie and you regarding the Services and Site Content, and any bookings of Spaces made via the Services, and supersede and replace any and all prior oral or written understandings or agreements between SpacesGenie and you regarding the Services and Site content.
You may not assign or transfer these Customer Terms, by operation of law or otherwise, without SpacesGenie’s prior written consent. Any attempt by you to assign or transfer these Customer Terms, without such consent, will be null and of no effect. SpacesGenie may assign or transfer these Customer Terms, at its sole discretion, without restriction. Subject to the foregoing, these Customer Terms will bind and inure to the benefit of the parties, their successors and permitted assignees.
Failure by SpacesGenie to enforce any provisions (s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by and construed in accordance with the laws of the Republic of Singapore, without regard of its conflict of laws rules. This Agreement constitutes the entire agreement between you and SpacesGenie with respect to its subject matter. If any provision of this Agreement is found to be invalid of unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. The Agreement will inure to the benefit of SpacesGenie, its successors and assignees.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”) and you can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.