IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE AND USING ANY OF THE ONLINE SERVICES BEING OFFERED HERE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF ACCESS AND USE STATED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS THIS SITE, AND IMMEDIATELY DISCONTINUE THE USE OF ANY OF THE ONLINE SERVICES.
1.1. The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you and Wizard Home Services Pte Ltd (Company No 201626915W) (the “Company). By using the Wizard platform (the “Platform”) or receiving any services supplied to you by the Company (together with the website located at http://www.wizard.com.sg, collectively, the “Service”), or downloading, installing or using any associated software supplied by the Company which purpose is to enable you to use the Service (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement (“Wizard Terms”), and any future amendments and additions to these Wizard Terms as published from time to time at http://www.wizard.com.sg/terms or through the Platform, Software, or Service. In consideration of your adherence to the Wizard Terms, the Company shall provide you with access to the Platform, Service and Software, subject at all times to the Wizard Terms.
1.2. The Company reserves the right to modify the Wizard Terms or its policies relating to the Platform, Software, or Service at any time, effective upon posting of an updated version of the Wizard Terms on the Platform or Software. You are responsible for regularly reviewing the Wizard Terms. Continued use of the Platform, Software, or Service after any such changes shall constitute your consent to such changes. If you require any more information or have any question regarding the Agreement, you may contact us by electronic mail at email@example.com.
1.3. THE COMPANY DOES NOT PROVIDE SERVICES OR PRODUCTS, AND THE COMPANY IS NOT A SERVICE PROVIDER. IT IS UP TO THE THIRD PARTY SERVICE PROVIDER (THE “CONTRACTOR”) TO OFFER SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE SOFTWARE OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SERVICES OR ACT IN ANY WAY AS A SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
1.4. Any contractual agreements between you and any Contractor shall be entered into by way of an agreement issued via the Platform to you and the relevant Contractor for completion prior to the commencement of your booking for services (the “Customer Agreement”). The details of each booking will be confirmed by way of a Booking Confirmation.
2.1. The Platform is a communications platform for enabling the connection between individuals seeking to obtain services and/or individuals seeking to provide services.
2.2. The Company reserves the right to check the backgrounds of service providers via third party background check services; however, the Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such service providers.
2.3. When interacting with Contractors, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know.
2.4. By using the Service, you agree to hold the Company free (to the extent permitted by law) from the responsibility for any liability or damage that might arise out of the use of the Platform. Neither the Company nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the service. The Company and its affiliates and licensors will not be liable, to the extent permitted by law, for any claim, injury or damage arising in connection with your use of the Platform.
2.5. The Company does not provide the service but does take responsibility towards consumers in terms of consumer contact, complaints, refunds, returns, chargebacks etc. In the case of a dispute, the Company will, on a best efforts basis, mediate between the Contractor and you so as to reach an agreeable resolution.
3. Representations and Warranties
3.1. By using the Platform, Software, or Service, you expressly represent and warrant that you are legally entitled to agree to these Wizard Terms. If you reside in a jurisdiction which restricts the use of the Platform, Software, or Service because of age, you must abide by such age limits and you must not use the Platform, Software, or Service. Without limiting the foregoing, the Platform, Software, or Service is not available to persons under the age of 18 or others who are not capable of entering into a contracting relationship. By using the Platform, Software, or Service, you represent and warrant that you are at least 18 years old and otherwise have the right, authority, and capacity to agree to these Wizard Terms, and agree that you will abide by the Wizard Terms. You further confirm that the information provided by you is true and accurate.
3.2. Your participation in using the Platform, Software, or Service is for your sole and personal use. You may not authorise others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity.
3.3. When using the Platform, Software, or Services, you agree to comply with all applicable laws from the country, state and city in which you are present while using the Platform, Software, or Service.
3.4. You may only access the Platform using authorised means. It is your responsibility to check to ensure that you download the correct Platform or Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Platform for your device.
3.5. The Company reserves the right to terminate this Agreement should you use the Platform or Software with an incompatible or unauthorised device or for purposes other than which the Platform or Software is intended to be used.
3.6. By using the Platform, Software, or Service, you agree that:
(a) You will only use the Platform, Software, or Service for lawful purposes; you will not use the Platform, Software, or Service for sending or storing any unlawful material or for fraudulent purposes;
(b) You will not use the Platform, Software, or Service to cause nuisance, annoyance, inconvenience, or make fake bookings;
(c) You will not impair the proper operation of the network;
(d) You will not try to harm the Platform, Software, or Service in any way whatsoever;
(e) You will not copy, or distribute the Platform, Software, or Service or other content without written permission from the Company;
(f) You will only use the Platform, Software, or Service for your own use and will not resell it to a third party;
(g) You will keep secure and confidential your account password or any identification provided to you that allows access to the Platform,
Software, or Service;
(h) You will provide the Company with whatever proof of identity we may reasonably request;
(i) You will only use an access point or data account which you are authorised to use;
(j) When using the Platform in conjunction with SMS, you opt-in to receive text messages from the Company, and acknowledge that standard messaging charges from your mobile network service provider may apply, and you represent and warrant that the number provided is your own cell phone number;
(k) The Service is provided on a best effort basis; and
4.1. The rates that apply for the services provided by the Contractor can be found on the Platform and Software. These rates may be modified or updated by the Company from time to time. It is your own responsibility to remain informed about the current rates for the services.
4.2. The Company shall charge you for the services provided by the Contractor(s) on behalf of the Contractor(s). You agree that you will pay for all services that you purchase from the Contractor, and that the Company may charge your bank, debit, credit, or other payment accounts as provided by you when registering for the Service for the services (including any taxes and other fees, as applicable) that may be accrued by or in connection with your account.
4.3. You are responsible for the timely payment of all fees and for providing the Company with a valid payment account for payment of all charges and fees at all times. Any payment made is non-refundable.
4.4. The Company may use a third party payment processor (the “Payment Processor”) to link your payment account to the Platform or Software and Service. The processing of payments or credits, as applicable, in connection with your use of the Platform, Software, and Service will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Wizard Terms. The Company is not responsible for any errors by the Payment Processor. In connection with your use of the Platform, Software, or Service, the Company may obtain certain transaction details.
4.5. Any fees which the Company may charge you for the Platform, Software or Service are due immediately upon completion of your assignment and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, the Company’s decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine the final prevailing pricing – please note that the pricing information published on the website may not reflect the prevailing pricing.
4.6. The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service.
5. Grant & Restrictions
5.1. The Company hereby grants you a non-exclusive, non-transferable, right to use the Platform, Software, or Service, solely for your own personal, non-commercial purposes, subject to this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors.
5.2. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform, Software, or Service in any way; (ii) modify or make derivative works based upon the Platform, Software, or Service; (iii) create Internet “links” to the Platform or Software or “frame” or “mirror” any Software on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Platform or Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Platform, or (c) copy any ideas, features, functions or graphics of the Platform, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Platform or Software.
5.3. You may use the Platform or Software only for your personal, non-commercial purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Platform or Software or the data contained therein; or (v) attempt to gain unauthorised access to the Platform or Software or its related systems or networks.
6. Intellectual Property Ownership
6.1. The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and Software. To the extent that you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information regarding the Platform or Software, you hereby assign to the Company all rights, title and interest thereto.
6.2. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Platform or Software, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Platform, Software, and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
7.1. Please visit http://www.wizard.com.sg/privacy to understand how the Company collects and uses personal information.
8. Third Party Interactions
8.1. During use of the Platform, Software, or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Platform, Software, or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Platform, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers.
8.2. The Company provides the Platform and Software to you pursuant to these Wizard Terms. You recognise, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
8.3. The Company may rely on third party advertising and marketing supplied through the Platform and other mechanisms to subsidise the Platform. By agreeing to these Wizard Terms you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Company reserves the rights to charge you a higher fee for the Platform, Software, or Service should you choose not to receive these advertising services. Such higher fee, if applicable, will be posted on the Company’s website located at http://www.wizard.com.sg
8.4. You agree and allow the Company to compile and release information regarding you and your use of the Platform on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Platform, Software, or Service.
9.1. By accepting these Wizard Terms and using the Platform or Software, you agree to defend, indemnify and hold the Company, its licensors and each such party’s parent organisations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of these Wizard Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of services arranged via the Platform or Software, or (c) your use or misuse of the Platform, Software, or Service.
10. Company right to deny access to use of Platform, Software, or Service
10.1. The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Platform, Software, or Service and (ii) refuse any and all current and future use of the Platform, Software, or Service, suspend or terminate your account (any part thereof) or use of the Platform, Software, or Service FOR ANY REASON, including if the Company believes that you have violated the Wizard Terms. The Company shall not be liable to you or any third party for any modification, suspension or discontinuation of the Platform, Software, or Service. The Company will use good faith efforts to contact you to warn you prior to suspension or termination of your account by the Company.
11. Disclaimer of Warranties
11.1. The Company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Platform, Service or Software. The Company does not represent or warrant that (a) The use of the Service or Software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) The Platform, Service or Software (including any services) will meet your requirements or expectations, (c) Any stored data will be accurate or reliable, (d) The quality of any products, services, information, or other material purchased or obtained by you through the Service (including any services) will meet your requirements or expectations, (e) Errors or defects in the Platform, Service or Software will be corrected, or (f) The Service or the server(s) that make the Service available are free of viruses or other harmful components.
11.2. The Platform, Service and Software are provided to you strictly on an “AS IS” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the Company.
11.3. The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained from third parties through the use of the Platform, Service or Software. You acknowledge and agree that the entire risk arising out of your use of the Platform, Software and Service, and any third party services or products, remains solely with you, to the maximum extent permitted by law.
12. Network Delays
12.1. The Company’s Platform, Service and Software may be subject to limitations, delays, and other problems inherent in the use of the internet, telecommunications networks and electronic communications. The Company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
13. Limitation of Liability
13.1. In no event shall the Company’s aggregate liability exceed the amounts actually paid by and/or due from you in utilising the Platform, Software or Service under these WIZARD Terms in the six (6) month period immediately preceding the event giving rise to such claim.
13.2. In no event shall the Company and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage).
13.3. The Company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the service or software, including but not limited to the use or inability to use the Platform, Service or Software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the Platform, Service or Software, even if the Company and/or its licensors have been previously advised of the possibility of such damages.
13.4. The Platform and Software provide a passive medium through which you may choose to engage services from a third party contractor. The Company may introduce you to third party contractor(s) for the purposes of providing services. We will not assess the suitability, legality or ability of any third party contractors and you expressly waive and release the Company from any and all liability, claims or damages arising from your use of the Software or Service or arising from or in any way related to the third party contractor(s) introduced to you by the Platform or Software.
13.5. The quality of the services (including related goods) scheduled through the use of the Platform is entirely the responsibility of the relevant contractor who ultimately provides such services to you. You understand, therefore, that by using the Software and the Service, you may be exposed to services and products that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the Software and the Service, and such third party services, at your own risk.
13.6. Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
13.7. By using the Service or Software, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable. If you do not think they are reasonable, you must not use the Service or Software.
14.1. The Company may give notice to you by means of a general notice on the Service, electronic mail to your email address on record in the Company’s account information, or by written communication sent by Registered mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by Registered mail or pre-paid post) or 12 hours after sending (if sent by electronic mail).
14.2. You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by letter delivered by Registered mail to the Company at: Wizard Home Services Pte Ltd, 8 Lorong Batu, #07-02, Singapore 348743, addressed to the attention of: Chief Executive Officer.
15. Controlling Law and Jurisdiction
15.1. This Agreement shall be interpreted in accordance with the laws of the Republic of Singapore, without regard to the choice of conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Platform, Software, or Service shall be subject to the exclusive jurisdiction of the courts of Singapore to which you hereby submit.
15.2 In the event that the law in an Alternate Country does not allow jurisdiction to be that of the courts of Singapore or where judgment of a Singaporean court is unenforceable in the Alternate Country, unresolved disputes shall be referred to the Singapore International Arbitration Centre (‘SIAC’), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the Parties (the “Arbitrator”). If Parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules.
15.3 The seat and venue of the arbitration shall be Singapore, in the English language and The fees of the Arbitrator shall be borne equally by the Parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
16.1. This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) any other successor or acquirer. Any purported assignment in violation of this section shall be void.
17.1. No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Platform, Software, or Service.
17.2. The invalidity of any term or condition in these Wizard Terms shall not affect the validity of the other provisions of these Wizard Terms.
17.3. Each of the provisions of this Agreement are separate and severable and enforceable and, accordingly, if at any time any provision is adjudged by any court of competent jurisdiction to be void or unenforceable the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impacted thereby.
17.4. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
17.5. These Wizard Terms comprise the entire agreement between you and the Company and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained herein.
18. Other Parties
18.1. You accept that, as a company, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Company’s officers or employees in respect of any losses you suffer in connection with the Platform, Software, or Service. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this Agreement will protect the Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.
18.2. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of this Agreement.
19. Breach of Wizard Terms
19.1. Without prejudice to the Company’s other rights under these Wizard Terms, if you breach the terms and conditions herein in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the Platform, Software, or Service, prohibiting you from accessing the Platform, Software, or Service, blocking computers using your IP address from accessing the Platform, Software, or Service, contacting your internet service provider to request that they block your access to the Platform, Software, or Service and/or bringing court proceedings against you.