TERMS OF USE

 

Last modified: 17 April 2023

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1 . These Terms govern the access to and use of app.muuse.io ("Muuse Web"), Muuse App (the “App” ) and muuse.io (the “Website” ) and the Muuse Service (as defined below). The access to and use of Muuse Web, the App and the Website are based on the assumption that these Terms have been read, understood and accepted by you. You are also responsible for ensuring that all persons who access Muuse Web, our App and Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

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2. If you are a user of the Service in Singapore, you are contracting with Muuse Pte Ltd of 160 Robinson Road, #14-04,, Singapore 069814. “Muuse”, “we” or “us” refers to the relevant contracting entity based on where you are using the Service.

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If you need any assistance please refer to our contact information below. For any other legal information, please read the Privacy Policy of muuse.io.

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Changes to these Terms of Use

3. We may amend or update all or part of these Terms. Any amendments or updates to the Terms will be binding upon publication in this section of the website. You agree to carefully review these Terms from time to time in order to be aware of all amendments, and agree that each time you rent a Product, the most recent and up-to-date version of the Terms posted on the Website will apply. If you do not agree to all or part of the Terms, please do not use our Service, Muuse Web, App or Website. 

 

Our Service

4. Muuse provides reusable cups and food boxes (“Product” ) to participating cafes and restaurants (“Partners” ) so that subscribing customers may borrow the Products using the App (our “Service”). The Service is provided to you subject to these Terms.

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Membership

5. You can become a member by subscribing to the Service on a monthly or annual basis, or such other periods that we may offer from time to time. The applicable fees are set out in the Fee Schedule. We reserve the right to revise and update the applicable fees for memberships (including the fees set out on the relevant app stores where you subscribe to the Service), and the different membership packages available, at any time.  Any such revision or updates to the fees will apply prospectively to any membership entered into following the effective date of the fee revision or update.  You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month or annually (as applicable) at the then-current rate for your plan, plus applicable taxes (such as VAT or GST if the rate does not include it) until you cancel.

 

Free Trials

6. We may provide a free trial membership for a fixed period of time. Unless otherwise stated by us, free trials are only available to new users, and we reserve the right to cancel any trial membership immediately if we become aware that the member has already had a trial membership on a different user account or using a different email address. If you attempt to register for a further free trial on the same user account or with the same email address, you may be charged for the applicable membership fees.

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7. If you cancel your membership during the free trial period, the membership will be cancelled immediately, you cannot reactivate the free trial. After the trial period, your membership will automatically rollover to the membership you have chosen at the full membership price unless you cancel the membership at least 24 hours before the end of the trial.

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Payment Details

8. Payment of the membership fees must be made through the App with a credit card via Stripe prior to using the Service. The price of your membership, as well as the currency in which your membership is payable, will be specified during the order process, and may vary depending on your country of residence.  When you purchase a membership, you must provide us with complete and accurate payment information.  If we do not receive payment authorisation or it is subsequently cancelled, we may immediately terminate or suspend your access to the Service. You are responsible for paying any foreign transaction fees charged by banks or credit card issuers relating to the membership fee payment.

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Automatic Renewal of Membership

9. Your membership will automatically renew unless you cancel at least 24 hours prior to the end of the current billing period. After cancellation, you will still be entitled to access the membership services for the remainder of the duration that you have paid for.

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Borrowing of the Product

10. You may opt to use a Product at any of our Partner locations as listed in the App. You are required to download the App and enter valid credit card or debit card details into the App in order to borrow a Product. You agree that an authorization hold will be placed on your credit or debit card in the amount set out in the Fee Schedule to cover all or any part of the amounts due under these Terms.

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11. A product consists of a cup and its lid, and in the case of the food box, the base container and its lid. You must always borrow a full Product. If you borrow an incomplete product (for example without the lid), and accordingly return an incomplete product, we may have to charge you in accordance with the fees set out in the Fee Schedule.

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12. You agree and acknowledge that the legal title to the Products shall remain with Muuse and shall at no time pass to you.

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13. You agree that you will only use the Product for the transport of food or drink. You shall not use the Product for any other purpose. You agree to keep the Product in good care and condition and not to keep the Product in unsanitary conditions.

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Returning the Product

14. You agree to return the Product within 30 days at one of the Partner locations listed on the App. You agree to follow all the instructions on the App to execute the return of the Product. If you fail to do so, our system will not register that you have returned the Product. In such a case, we may deem that you have failed to return the Product (or any part of it) within the 30 day limit and we may charge you a fee in accordance with paragraph 15 below.

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15. If you fail to return the Product within 30 days for any reason, we will charge the fees set out in the Fee Schedule to your credit or debit card.

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Damage, missing parts, lost or stolen Products

16. You must not borrow a defective, damaged (beyond fair wear or tear) or defaced Product. If you borrow such a Product, you must notify us of such a condition by emailing us at info@muuse.io. If you fail to notify us, we may deem that you caused the damage during the period of your rental, and you may be liable to compensate Muuse in accordance with the fees set out in the Fee Schedule.

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17. If the Product or any part of it is stolen, lost or damaged during the 30 day period of your rental, you shall contact us immediately by emailing us at info@muuse.io, and return the Product to an employee at a Partner location. You shall be liable to compensate Muuse for the missing or damaged Product in accordance with the fees set out in the Fee Schedule.

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18. You hereby authorise us to charge the credit or debit card associated with your account for any fees incurred by you under the above provisions. Please contact us within 10 days if you do not agree with a charge on your account.

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Liability

19. Products and Service

a. Muuse is not responsible for the washing, cleanliness or hygiene of the Products. Our Partners are responsible for cleaning the Products and making them available to their customers in accordance with the local laws applicable to them. You agree that you shall hold Muuse harmless in respect of issues with the hygiene of the Products.

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b. Muuse is also not responsible for any issues in relation to the drinks, food or service provided at our Partner location. You agree that you shall hold Muuse harmless in respect of such issues.

 

20. App and Website

a. You will be liable for your use of Muuse Web, the App and Website and its contents. We shall not be considered liable for any use of Muuse Web, the App or Website and its contents by any of its users that is not compliant with the laws and regulations in force. You will specifically be liable for communicating information or data which is incorrect, false or concerning third parties without the latter’s consent, as well as for any improper use of such data or information.

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b. Since material will be downloaded or obtained via the internet use of Muuse Web, the App and the Website is chosen at the user's own risk and the user is responsible for any damage to its computer system or loss of data as a consequence of downloading content from the website.

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c. We accept no responsibility for any damage resulting from inaccessibility to Muuse Web, the App or the Website services or from damage caused by viruses, corrupt files, errors, omissions, service interruptions, content deletion, problems with the network, with providers or telephone and/or data transmission connections, unauthorised access, data alteration, failure and/or malfunction of the user's electronic equipment.

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21. The liability of Muuse towards you in connection with the Products, the Service, Muuse Web, the App and the Website shall at all times be limited to 100% of any fees paid by you under these Terms and shall at all times exclude indirect, consequential, incidental or punitive damages or losses whether arising under contract, in tort (including negligence), at law or in equity, loss of actual or anticipated profits, loss of revenue, loss of use, loss of goodwill, cost of capital or any consequential loss including losses in respect of business interruption.

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Indemnity

22. You agree to fully indemnify, pay and hold harmless Muuse and its affiliates for and against any and all claims, liabilities and/or losses of whatever nature suffered arising out of or in connection with:

a. any and all damage caused by you to a Partner, or to its place of business;

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b. your negligent act, or omission, or wilful misconduct in connection with the Service or these Terms;

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c. any damage, loss, death or personal injury caused by your use of the Products or the Service; or

 

d. any claim by a third party in connection with your performance of these Terms or use of the Products or Service.

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Suspending or withdrawing the Service, App or Website

23. We may suspend, modify, withdraw or restrict the availability of all or any part of our Services, App or Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

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24. In the event of a problem in using our Services, Muuse Web, App or Website, please contact info@muuse.io.

 

25. Although we will try to ensure regular access to Muuse Web, the App and Website, the dynamic nature of the Internet and its content may not allow us to operate without any suspensions, interruptions or disconnections linked to updating the App and Website.

 

App account details

26. You are responsible for maintaining the confidentiality and the proper use of your personal information, including the credentials for accessing restricted services, and are also responsible for any damage or harm which might arise against us or third parties as a result of your improper use, loss or removal of such information.

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Personal Data and Privacy

27. You consent that we may collect, use and disclose your personal data in accordance with our Privacy Policy which applies to users who access the App and Website and who use the Services without making purchases. The Privacy Policy will help you understand how and for what purposes we collect and use your personal information.

 

Intellectual Property Rights

28. Muuse Web, the App and Website’s contents, including but not limited to, works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material published on Muuse Web, the App and Website, including navigations, web pages, graphics, colours, schemes, tools, Muuse Web, the App and Website's fonts and design, diagrams, layouts, methods, processes, functions, HTML code and software which are part of Muuse Web, the App and the Website, and are protected by copyright and by all other intellectual property rights of Muuse and the relevant rights holders.

 

29. The reproduction, wholly or in part, and in any form whatsoever, of the Products, App and the Website and of their contents is forbidden without our prior written consent. We have the exclusive right to authorise or prohibit any reproduction, be it direct or indirect, temporary or permanent, or in any other manner or form, and in whole or in part, of Muuse Web, the App and Website and their contents.

 

30. As far as the use of the Website is concerned, you are only authorised to view the website and its contents. You are also authorised to carry out all the other temporary acts of reproduction (other than for commercial or business purposes), which are transient or incidental and an integral and essential part of viewing the Website and its contents.

 

31. On no account are you authorised to do any act which may invalidate or otherwise be inconsistent with our intellectual property rights, including copying, transfering, selling, reverse engineering, or modifying Muuse Web, our App, Website or Products.

 

Links to other websites

32. Muuse Web, the App and Website may contain hyperlinks ("links") to other websites which are in no way connected to us. We neither control nor perform monitoring operations of these websites and their content. We may not be held liable for the content of these sites and the rules adopted by them, including as concerns your privacy and the processing of your personal data during your navigation. We ask that you pay attention when you connect to these websites through the links present on Muuse Web, the App and the Website and that you carefully read their conditions of use and privacy regulations. We remind you that these Terms and the Privacy Policy do not apply to websites operated by third parties. We provide links to other websites exclusively to help its users search and browse and to facilitate links to other websites on the Internet. The activation of links does not entail any recommendation or notification from us to access and navigate on these websites, nor any guarantee as to their content, services or the goods provided and sold by them to Internet users.

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Disclaimer of Content

33. Although we use reasonable efforts to ensure that the content of the App and Website is accurate and does not contain any incorrect or out-of-date information, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. We are not liable for the accuracy and completeness of the content posted on the App or the Website.

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User-generated content

34. We may include information and materials uploaded by other users of the App or Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

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Termination

35. At any time, we reserve the right to cease your participation in the Service, including due to your breach of these Terms. We reserve the right to issue refunds or credits at our sole discretion. 

 

36. You may also choose to cancel your membership and participation in the Service at any time by contacting us. If you cancel within 7 days of the beginning of your paid membership, you will be fully refunded, provided you have not used the Service during the 7 day period. If you have used the Service during the 7 day period, you will be charged the monthly membership fee.  If you cancel after 7 days, any fees that have already been charged will not be refunded to you, and the Service will continue until the end of your contracted term. In addition, you agree that any additional fees arising under these Terms may still be charged to you.

 

37. Upon termination, you shall return any Products that you have borrowed and/or pay any outstanding fees accrued.

 

38. The following sections shall survive any termination or expiry of these Terms: Sections 14-15 (Returning the Product), 17-18 (Authorisation to charge your card for damage, missing parts, lost or stolen Products), 19-21 (Liability), 22 (Indemnity), 26 (App account details),  27 (Personal Data and Privacy), 28-31 (Intellectual Property Rights), 33 (Disclaimer of content),  35-38 (Termination and cancellation), 39 (Governing law and dispute resolution).

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Governing law and dispute resolution

39. You agree that if you are a user of the Service in Singapore, these terms are governed by, and shall be construed in accordance with, the laws of Singapore. You agree that 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 parties agree that any arbitration commenced pursuant to this clause shall be conducted in accordance with the Expedited Procedure set out in Rule 5.2 of the SIAC Rules. The seat of the arbitration shall be Singapore, The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.