Terms & Policy

UPDATED AND EFFECTIVE AS OF 1ST SEPTEMBER 2024

Welcome to the Hi 5 website at https://hi5.sg/ (the “Site”) and/or Anjels Media Pte Ltd (“Company”), collectively referred to as the “Platform.”

PLEASE REVIEW THESE TERMS OF USE CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES REGARDING YOUR INTERACTIONS WITH THE Hi 5 WEBSITE and ANJELS MEDIA PTE LTD (COMPANY REGISTRATION NO. UEN: 201616051R), ALONG WITH OUR AFFILIATED COMPANIES, SUBSIDIARIES, AND PARTNERS (INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS "HI 5," "ANJELS MEDIA PTE LTD," "WE," "US," OR "OUR"). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND/OR SERVICES PROVIDED BY US.

BY ACCESSING THE PLATFORM, USING OUR SERVICES, OR CREATING AN ACCOUNT, YOU ACCEPT AND AGREE TO THESE TERMS OF USE, INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES REFERENCED HEREIN OR LINKED HERETO, WHICH MAY BE UPDATED FROM TIME TO TIME. YOUR CONSENT TO THESE TERMS CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO THESE TERMS IN FULL OR IN PART, PLEASE CEASE USING THE PLATFORM, ACCOUNT, AND/OR SERVICES IMMEDIATELY.

Introduction

1.1. The "Services" we offer include (a) access to the Platform, (b) various features and software provided through the Platform, including but not limited to Hi 5 and Anjels Media Pte Ltd, and (c) all content available on or through the Platform, such as information, linked pages, data, text, images, photographs, graphics, music, sounds, videos, messages, tags, programming, software, tools, and application services (collectively referred to as "Content"). Any new features or enhancements to the Services will also be governed by these Terms of Use, which apply to all users of the Platform and/or Services, including customers and consumers (“Users,” “User,” “you,” or “your”).

1.2. You must be at least eighteen (18) years old or of legal age to consent under applicable laws in your jurisdiction (“Legal Age”) to use the Platform and/or Services. If you are under the Legal Age, you must obtain permission from a parent or legal guardian to create an account, and that individual must agree to these Terms of Use on your behalf.

1.3. If you are using the Platform and/or Services on behalf of a corporate entity, you must be properly authorized by that entity and have the authority to access the Platform, create an account, and use the Services in accordance with these Terms of Use.

1.4. We reserve the right to modify, suspend, or discontinue any part of the Platform and/or Services at any time, with or without prior notice as required by local laws. New features may be released in beta or trial versions, which might not function as expected. We will not be liable for any issues arising from such versions. We may also impose limitations or restrictions on features or access to parts of the Platform and/or Services at our discretion, and these Terms of Use may be updated to include terms related to new features. Continued use of these features signifies your acceptance of the updated Terms.

1.5. We may subcontract or appoint subsidiaries, affiliates, related entities, or third-party service providers to manage the Platform and/or provide Services on our behalf. We reserve the right to delegate, transfer, assign, or novate our rights and obligations to such entities without prior consent or notice to you.

1.6. We may periodically amend these Terms of Use. Any changes will be posted on the Platform and, where applicable, communicated to you via email or other available communication channels. Your continued use of the Platform and Services following any updates constitutes your acceptance of the revised Terms. Please review these Terms regularly for any modifications.

Privacy Policy

We have outlined our approach to data protection and privacy in our Privacy Policy, which is available on the Platform. This document provides detailed information on how we collect, use, and manage your data, including any personal information related to your account and use of our Services. We encourage you to review the Privacy Policy thoroughly to understand our practices. By using our Services or providing information through the Platform, you agree to our methods of collecting, using, disclosing, storing, transferring, and processing your data (including personal data) as described in the Privacy Policy.

Hi 5 Account

Registration of Account

3.1. To access and utilize the full range of features and services on the Platform, you may need to create and register an account with us (“Account”) by providing certain personal or business details. You acknowledge and agree that we may perform credit checks, including consulting registered credit bureaus or reporting agencies, to assess your creditworthiness. You agree to complete any necessary consent forms or provide additional documents required for these credit checks.

3.2. You can create your Account by: (a) selecting a unique user identification (“User ID”) subject to our approval, or a User ID will be assigned to you upon successful registration. You will then set a password and/or security code for your Account, adhering to any specified requirements; or (b) linking your Account to a third-party account (e.g., Facebook, Google, or your mobile service provider), where selected data from such third parties will be imported into your Account. By registering, you agree to provide accurate, current, and complete information, and to update it as necessary. Failure to do so may result in the closure of your Account and any associated content within Hi 5. Should we rely on your application details and accept you as a user, you agree to indemnify and hold us harmless for any losses or damages arising from inaccuracies or misrepresentations in your information. We reserve the right to suspend or terminate your Account if your chosen User ID is deemed offensive or inappropriate.

Security of Account

3.3. To protect the security of your Account and the Platform, you agree to: (a) keep your password and/or security code confidential, and only use your User ID, password, and/or security code for logging in; (b) log out from your Account at the end of each session; (c) promptly inform us of any unauthorized use of your Account, User ID, password, and/or security code; (d) maintain accurate and up-to-date Account information; (e) use your Account in accordance with our Terms of Use, which may be updated periodically; (f) refrain from using your Account in any manner that could harm Hi 5’s operations, interests, reputation, or goodwill.

3.4. You are fully responsible for all activities and transactions conducted under your User ID and Account, even if they are not initiated by you. We are not obligated to investigate the authenticity of any activities or transactions under your Account. We will not be liable for any direct or indirect losses or damages resulting from unauthorized use of your Account or your failure to comply with these Terms of Use.

3.5. For enhancement and improvement purposes, we may periodically evaluate the performance of the Platform and/or Services. You grant us the authority to review your Account, including assessing activities and transactions carried out through your Account.

Identity Verification

3.6. We may require identity verification to confirm your Account ownership. This process may be necessary for purposes such as: (i) complying with legal obligations to combat suspicious or unlawful activities, anti-money laundering, and terrorism financing; (ii) addressing unauthorized use of Hi 5 accounts; and (iii) resolving disputes related to Account ownership.

3.7. You authorize us, or our third-party service providers, to conduct inquiries and collect documentation to verify your identity. As part of this process, you must provide accurate, current, and complete information that can be verified through legally recognized and accepted documentation in the jurisdiction where it was issued.

Fees for the use of the platform

4.1. Unless explicitly stated otherwise in writing, there are no charges for accessing and browsing the Platform.

4.2. We may introduce fees for certain features available on the Platform. Any applicable fees will be detailed in the Specific Terms and Conditions (Specific T&C) relevant to those features. For detailed information regarding fees associated with a particular feature, please refer to its Specific T&C.

Restricted use of Hi’5 Intellectual Property and Content

5.1. We provide you with a limited, revocable license to access and use any incidental software made available through the Platform as part of our Services. This usage is governed by these Terms of Use. Any third-party scripts or code linked to or referenced within the Services are licensed to you by their respective owners. You are prohibited from modifying, copying, creating derivative works from, analyzing, removing components from, decompiling, or reverse engineering the software, or allowing others to do so.

5.2. All intellectual property displayed on the Platform, including proprietary Content, trademarks, service marks, brand names, logos, and copyrighted materials (collectively "Intellectual Property"), are the exclusive property of Hi 5 or, where applicable, third parties such as Merchants. Accessing the Platform does not grant you any rights or licenses to use or reproduce any Intellectual Property. You must comply with all relevant intellectual property laws, including copyright and trademark regulations. You agree not to copy, distribute, modify, adapt, rent, sell, or create derivative works based on the Services, Platform, or Content. Additionally, you may not mirror or frame any part of the Platform or use automated tools to monitor or copy our Content without our prior written consent, except for standard search engine technologies.

Third-Party Links

5.3. The Platform may contain links to third-party websites provided for convenience. These external sites are not under our control, and you access them at your own risk. We are not responsible for the content of any linked sites or for any updates or changes to those sites. The inclusion of these links does not imply any endorsement or affiliation with the linked sites or their content.

5.4. Contributors of data, text, images, sounds, video, software, and other Content to the Services are solely responsible for ensuring the accuracy, reliability, rights clearance, and legal compliance of their contributions. We do not routinely monitor or verify the content provided by users and are not liable for any inaccuracies or legal issues arising from such contributions. You agree not to hold us responsible for any actions or omissions by other users, including the content they post or make available through the Services.

User Content and Obligations

6.1. You acknowledge that you are solely responsible for any Content that you upload, post, transmit, or otherwise make available through the Platform. This includes all publicly posted or privately transmitted Content. Hi 5 will not be held responsible for any Content originating from you.

6.2. We and our designated representatives reserve the right, though not the obligation, to review, remove, or modify any Content available on the Platform at our discretion. This may include Content that: (a) Contravenes these Terms of Use; (b) Is reported by another user; (c) Is subject to a notice of intellectual property infringement or other legal directive for removal; or (d) Is deemed objectionable.

6.3. To protect the Platform and its users, we may block or restrict communications and Content as necessary. You are responsible for evaluating and assuming all risks associated with the Content you encounter, including its accuracy and usefulness. You acknowledge that you cannot rely solely on Content provided by us or other users.

6.4. You may come across Content that you find offensive or objectionable. To the fullest extent permitted by law, we are not liable for any Content-related issues, including any errors, omissions, or damages resulting from reliance on such Content.

6.5. You agree that we may access, preserve, and disclose your Account information and Content if required by law, court orders, or government authorities, or to protect our rights, enforce these Terms, or respond to service requests.

6.6. You agree not to: (a) Upload, post, or transmit Content that is illegal, harmful, threatening, abusive, or otherwise objectionable; (b) Impersonate others or misrepresent affiliations; (c) Forge headers or manipulate identifiers; (d) Alter or remove proprietary notices; (e) Modify, create derivatives of, or translate the Services without permission; (f) Use the Services for fraudulent or illegal purposes; (g) Engage in dishonest practices for personal gain; (h) Manipulate feedback or ratings systems; (i) Decompile, reverse engineer, or hack the Services; (j) Harvest or collect data about other users; (k) Upload or transmit Content you are not authorized to share; (l) Post Content that infringes intellectual property rights; (m) Distribute unsolicited advertising or spam; (n) Upload malware or harmful software; (o) Disrupt or interfere with the Services or network connections; (p) Engage in actions that damage or impair the Services; (q) Violate applicable laws or regulations; (r) Circumvent sanctions or embargoes; (s) Violate others' privacy or engage in harassment; (t) Infringe Hi 5’s intellectual property rights; (u) Reproduce or resell Merchant Offers or Cashback; (v) Mine, collect, or store personal data improperly.

6.7. By submitting Content to the Services, you represent that you hold the necessary rights and permissions. You grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, modify, and distribute your Content across various media, and you waive any moral rights.

6.8. Any material, information, or ideas you provide to us (“Submissions”) are not considered confidential and may be used by us without compensation. You grant us a license to use, develop, and distribute these Submissions as needed.

6.9. You agree to indemnify and hold Hi 5 and its affiliates harmless from any claims arising from your use of third-party intellectual property or violations of intellectual property laws.

Disclaimers, Exclusions, and Force Majeure

Disclaimers

7.1. The Platform and/or Services are provided on an "as is" and "as available" basis. We make no warranties, representations, or claims of any kind, whether express, implied, or statutory, including but not limited to warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose. We do not warrant that the Platform and/or Services will be available, uninterrupted, timely, secure, accurate, complete, or free of errors. Additionally, we do not guarantee that defects will be corrected or that the Platform and/or its server are free from harmful components such as viruses, malware, or other malicious code.

7.2. While we strive to secure the Platform and/or Services, you acknowledge that any risk associated with accessing, using, or relying on the Platform and/or Services is entirely yours, to the fullest extent permitted by law.

Exclusions and Force Majeure

7.3. To the maximum extent allowed by law, we shall not be liable for any loss or damage, whether arising from contract, warranty, tort (including negligence), product liability, strict liability, or any other legal theory, including but not limited to: (a) (i) loss of use; (ii) loss of profits; (iii) loss of revenue; (iv) loss of data; (v) loss of goodwill; or (vi) failure to achieve anticipated savings, whether direct or indirect; and (b) any indirect, incidental, special, consequential, or exemplary damages arising from or related to the use of, or inability to use, the Platform or Services, even if we were advised of the possibility of such damages.

7.4. We will not be held responsible for any delay or failure in providing the Services if such delay or failure is due to factors beyond our reasonable control. This includes, but is not limited to, acts of God, riots, civil disturbances, strikes, lockouts, fires, wars, acts of foreign enemies, power outages, pandemics, epidemics, network congestion, telecommunications failures, equipment malfunctions, government orders, or changes in laws or regulations that make performance impractical.

7.5. If a force majeure event is deemed severe or prolonged enough to prevent us from fulfilling our obligations, we may, at our sole discretion, decide on alternative arrangements, which may include terminating these Terms of Use or any specific contract or transaction (as defined in the Specific T&C section). In such cases, our liability will be limited to refunding any payments made by you for services that were not performed.

7.6. You acknowledge and agree that the disclaimers, exclusions, and limitations of liability outlined in these Terms of Use represent a fair and reasonable distribution of risk and benefit between us, considering factors such as the value of the consideration provided and the availability of insurance. These disclaimers, exclusions, and limitations will be enforced to the fullest extent permitted by law.

Feedback

8.1. We value your input as it helps us enhance the Platform and the Services we offer. Please follow the feedback procedure outlined below to share your thoughts:

(a) Feedback should be submitted in writing via email to hello@anjelsmedia.com.sg or through any other communication channels provided on the Platform.

(b) We do not accept anonymous feedback.

(d) Feedback that is vague or defamatory will not be considered.

Breach of Terms of Use

9.1. Breaching these Terms of Use may lead to various consequences, which may include, but are not limited to:

(a) Restrictions on account privileges;

(b) Suspension or termination of the account;

9.2. If you suspect that another user is violating these Terms of Use, please notify us by emailing hello@anjelsmedia.com.sg or using the communication channels provided on the Platform.

Suspension, Termination, and Account Closure

Suspension and Termination

10.1. We reserve the right to suspend or terminate your Account and User ID at our sole discretion, with or without prior notice, and without incurring any liability to you or any third party. This may involve removing or discarding any Content linked to your Account, withdrawing any promotions or deals, cancelling any transactions, temporarily disabling access to Services or features, withholding any proceeds or refunds, or taking other necessary actions. Common reasons for such actions include, but are not limited to:

(a) Account inactivity for a continuous period of twelve (12) months;

(b) Having multiple user accounts or granting unauthorized access to your Account;

(c) Suspected dishonesty, fraud, illegal activity, or misrepresentation related to your Account or use of the Platform and/or Services;

(d) Breach of these Terms of Use or any applicable terms and conditions provided by us, or conduct deemed prejudicial to Hi 5;

(e) Violation of applicable laws, regulations, rules, or guidelines imposed by authorities or regulatory bodies;

(f) Acting in bad faith, with malicious intent, or in a manner harmful, defamatory, or abusive towards other Users, third parties, or Hi 5;

(g) Being listed on any regulatory watchlist related to terrorism, money laundering, or similar laws;

(h) Compliance with a court order or directive from a governmental or regulatory authority;

(i) Submission of false documents or information during registration or application;

(j) Failure to provide requested information for verification purposes.

If your use of the Platform, Services, or Account involves suspicious, fraudulent, illegal, or abusive activities, we may report such activities to relevant law enforcement authorities without prior notice.

10.2. Should we suspend your Account, Services, or specific features as per Clause 10.1, we may initiate an investigation and retain the right to restrict your access to Services or withhold any refunds or benefits until we receive clearance from relevant authorities or complete the investigation satisfactorily.

10.3. If your access to the Platform and/or Services is suspended or terminated due to suspicious, fraudulent, or illegal activities, you will forfeit any rights to access Services or receive refunds or benefits. We may retain or deal with any money, refunds, or benefits, including Cashback, in accordance with applicable laws and regulations. You will not be entitled to any compensation for losses resulting from such actions.

Consequences of Account Termination

10.4. Upon termination of your Account for any reason, unless otherwise agreed in writing, any unredeemed Merchant Offerings or unused Cashback will be considered expired and removed from your Account. Any outstanding payments due to us or Merchants will become immediately payable. Further consequences may be specified in the Specific Terms and Conditions.

10.5. Provisions of these Terms of Use that are intended to continue post-termination, including those related to warranties, undertakings, and indemnifications, will remain effective and binding even after the termination of your Account and/or Services.

User Representations and Warranties

11.1. By accessing the Platform, using the Services, or registering an Account with us, you affirm and guarantee the following:

(a) You have the legal capacity to agree to and comply with these Terms of Use. If you are a minor, you have obtained valid consent from a parent or legal guardian to enter into and adhere to these Terms.

(b) If you are acting on behalf of a corporate entity, you have the necessary authority and capacity to enter into these Terms of Use on behalf of the entity and ensure its compliance with all terms and conditions specified herein.

(c) All information and documents provided to Hi 5 are accurate, complete, truthful, and up-to-date. You acknowledge that these documents will remain so throughout your use of the Platform and Services.

(d) You will use the Platform and Services solely for lawful purposes and in accordance with these Terms of Use as well as all relevant laws, rules, regulations, and policies currently in effect.

(e) If requested, you will cooperate fully with Hi 5 and any relevant authorities in relation to any investigations or audits, including those related to Clause 10. This cooperation is intended to resolve any issues or disputes efficiently and amicably.

Indemnity and Limitation of Liability

12.1. You agree to indemnify, defend, and hold harmless Hi 5, including our shareholders, subsidiaries, affiliates, related entities, directors, officers, employees, agents, representatives, co-branders, and any relevant business partners (collectively referred to as the "Indemnified Parties"), from and against any claims, actions, proceedings, or suits, as well as any associated liabilities, damages, settlements, penalties, fines, costs, and expenses (including legal fees and dispute resolution costs) incurred by the Indemnified Parties. This indemnity covers claims arising from: (i) your breach of these Terms of Use or any referenced policies or guidelines, (ii) your use or misuse of the Platform or Services, or (iii) your violation of any applicable laws or third-party rights.

12.2. We shall not be liable for any loss of profit, goodwill, data, production, or revenue, or for any special, indirect, or consequential damages of any kind (including damages resulting from third-party claims) even if we were aware of the possibility of such damages.

12.3. Notwithstanding any other terms in these Terms of Use, our total liability to you or any other party for any losses arising from your use of our Platform and/or Services will not exceed SGD 1,000.00 or the amount you have paid us under the specific contract or transaction, whichever is lower.

Communications

13.1. Any notices, demands, requests, or other communications under these Terms of Use must be in writing. Such communications are considered valid if delivered by hand, sent via registered mail, facsimile, electronic mail, or text message to the contact details provided by the parties from time to time, or through the communication channels available on the Platform.

13.2. Notices shall be deemed received as follows: (a) For hand delivery, upon receipt of a written acknowledgment signed by the recipient; (b) For registered mail, five (5) business days after posting; (c) For facsimile, email, text message, or communication through the Platform, on the day of transmission, provided that the sender does not receive a failed or undeliverable message from the recipient's service provider or a read receipt is received by the sender on the day of transmission.

13.3. While the above methods are preferred, you acknowledge that verbal communication via telephone may occasionally be used to facilitate requests or resolve issues. If any significant agreements are made verbally over the phone, our customer service team may subsequently confirm these details in writing and send them to you via email for documentation purposes.

Governing Law and Jurisdiction

14.1. These Terms of Use shall be governed by and interpreted in accordance with the laws of Singapore, without regard to its conflict of laws principles.

14.2. Any disputes, legal actions, or proceedings arising out of or related to these Terms of Use shall be subject to the exclusive jurisdiction of the courts of Singapore. However, Hi 5 reserves the right to choose, at its discretion, to resolve such matters through arbitration or other dispute resolution mechanisms within Singapore.

General Provisions

15.1. If any provision of these Terms of Use is found to be invalid, unlawful, void, or unenforceable under the laws of any jurisdiction, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions in that jurisdiction. Additionally, such provision will remain valid and enforceable under the laws of other jurisdictions. We may replace the invalid, void, or unenforceable provision with a valid one that closely aligns with the original economic, legal, and commercial objectives, and you agree to accept and be bound by this substitute provision.

15.2. You are not permitted to assign, transfer, or sublicense any rights or benefits granted to you under these Terms of Use. We reserve the right to transfer or assign any of our rights or obligations under these Terms of Use to any current or future affiliate, or in connection with a merger, consolidation, reorganization, sale of all or substantially all assets or business, or as required by law, without notice to you.

15.3. These Terms of Use do not create a partnership, joint venture, or principal-agent relationship between you and us. You are not authorized to make any representations or incur any liabilities on our behalf.

15.4. Our failure to enforce or delay in enforcing any claim, remedy, right, power, or privilege under these Terms of Use does not constitute a waiver of such claim, remedy, right, power, or privilege. Likewise, any partial or single exercise of such claim, remedy, right, power, or privilege does not preclude further exercise or the exercise of any other claim, remedy, right, power, or privilege. Our rights and remedies under these Terms of Use are cumulative and not exclusive of any other rights or remedies available by law.

15.5. These Terms of Use are intended solely for the benefit of you and us and are not intended to confer any benefits to any third party, except for our affiliates and subsidiaries (including their respective successors and assigns).

15.6. These Terms of Use, along with any additional terms, conditions, or policies referenced or incorporated herein, represent the entire agreement between you and us concerning the Platform, your Account, and/or the Services.

15.7. Hi 5 reserves all rights not expressly granted under these Terms of Use.

15.8. These Terms of Use may be translated into other languages ("Translated Version"). In the event of any conflict between the English version and any Translated Version, the English version will take precedence.

Specific Terms and Conditions

16.1. The following provisions govern the specific Services provided by us. By utilizing these specific Services, you acknowledge and accept these provisions ("Specific T&C"). In the event of any conflict between the Specific T&C and Sections 1 to 15 of these Terms of Use, the Specific T&C shall take precedence, unless otherwise indicated.

16.2. Definitions and Interpretation

(a) In this Section 16 and its subsections, unless the context dictates otherwise, the following terms shall have the meanings assigned to them:

"Contract" refers to the agreement established when we confirm your order placed on the Platform on behalf of the Merchant for the purchase of a Merchant Offering, through a confirmation of successful purchase.
"Final Price" means the total amount payable by you, which includes:
- For Hi 5: The price displayed on the confirmation page, encompassing the price of the Merchant Offering, any fees payable to Hi 5 (as specified alongside the Merchant Offering on the Platform), applicable sales and services tax, value-added tax, and/or any other local taxes imposed by authorities (if not included in the Merchant Offering price), and any additional applicable fees.
"Merchant" refers to a third-party vendor who collaborates with us to offer their Merchant Offering for sale on the Platform. The Merchant is responsible for providing or fulfilling the Merchant Offering purchased and/or redeemed by you or receiving payment for goods and/or services provided to you.
"Merchant Offering" denotes the goods, products, services, or vouchers provided by a Merchant and available for purchase through Hi 5 on the Platform.

For the purpose of calculating any time periods specified, or when an action is required to be completed within a specified timeframe from a given date, the period shall include the specified date as the starting point.