General Terms of Use
Welcome to ComeNow
1. ACCEPTANCE OF TERMS OF USE
1.1 You agree that by using the ComeNow platform, which includes our ComeNow mobile apps
and website (collectively the “ComeNow Platform”) and the products, services and features
(collectively the “ComeNow Service”) that we make available to you as part of the ComeNow
Platform, you shall be deemed to have accepted these General Terms of Use, our Privacy
Policy and Legal Notice (collectively this “Agreement”) and be legally bound by this
Agreement between yourself and ComeNow Pte. Ltd. (“ComeNow”, “we”, “our” or “us”). The
capitalized terms used herein shall have the meaning defined or ascribed to them in these
General Terms of Use.
1.2 The terms set out in this Agreement may be amended, modified or varied from time to time at
our absolute discretion and without your consent. Any and all amendments, modifications and
variations will be posted on the ComeNow Platform, and your access or use of the ComeNow
Service after such changes have been posted will constitute your agreement to such
amended, modified or varied terms of this Agreement. You agree to review this page carefully
each time you access or use the ComeNow Service.
1.3 If you do not agree to terms and conditions set out in this Agreement, please do not access or
use the ComeNow Service. Any continued access or use of the ComeNow Service (whether
this time or in future) will imply that you have accepted and be bound by this Agreement.
2. INTERPRETATION
2.1 In these General Terms of Use unless the context otherwise requires the following words or
expressions shall have the following meanings:
“Account” means an account opened or created under these General Terms of Use by a User
whether the User is a consumer or a Service Provider.
“Customer”, “Customers”, “you” or “your” refers to all or any User or Users who have created
or opened an Account.
“Dollars” and “$” mean the lawful currency of the Republic Singapore.
“Service Fee” means the fees and charges paid or payable by a Customer who have booked
or engaged the Services of the Service Provider. Such Service Fee is inclusive of Service
Provider’s fees, ComeNow’s commission and GST, if applicable.
“Service Providers” means all or any all or any of the service providers who are registered as
Service Providers to provide Services to Customers under this Agreement, and each a
“Service Provider”.
“Services” means all or any of the services provided or performed by the Service Providers in
accordance with this Agreement.
“Users” means all or any visitors to the ComeNow Platform, and each a “User”.
2.1 Unless the context otherwise requires:
(a) words importing the singular number include the plural number, and vice versa, and
words importing the masculine gender include the feminine and neuter genders, and
vice versa.
(b) the words “hereof”, “herein”, “hereon” and “hereunder” and words of a similar import,
when used in these General Terms of Use, refer to these General Terms of Use as a
whole and not to any particular provision of these General Terms of Use;
(c) headings to the Clauses herein shall not be deemed to be a part thereof or be taken in
consideration in the interpretation or construction thereof or of these General Terms of
Use; and
(d) references herein to Clauses are references to Clauses of these General Terms of Use.
3. COMENOW PLATFORM
3.1 ComeNow operates, manages and makes available the ComeNow Service on the ComeNow
Platform to enable Customers to book or engage the Services provided by Service Providers
e.g. cleaners, plumbers, movers, handyman, electricians, air-con serviceman and others.
3.2 ComeNow is not a Service Provider or an agent of the Service Providers or the Customers.
The Service Providers are independent contractors and are neither employees nor agents of
ComeNow. ComeNow does not endorse any Service Providers or warrant the standard or
quality of the Services provided by any Service Providers, or assume any responsibility or
obligation on behalf of the Service Providers.
3.3 When you book or engage the Services of a Service Provider, you enter into a contract directly
with the Service Provider. ComeNow is not a party to any such contract between you and the
Service Provider.
3.4 Access to and use of the ComeNow Service is available only to individuals who are at least 18
years old and can legally enter into binding contracts under Singapore law.
3.5 Subject to your compliance with this Agreement, ComeNow grants to you a revocable, limited,
non-exclusive, non-transferable, non-assignable, personal, licence to use the ComeNow
Platform in accordance with this Agreement. All rights not expressly granted to you are
reserved by us.
3.6 The Services provided by the Service Providers shall be provided or performed in Singapore.
The Services Providers are not allowed to provide or perform their services outside Singapore.
3.7 We reserve the right to limit or suspend your access to the ComeNow Service for the purpose
of scheduled, ad hoc, or urgent maintenance of the ComeNow Platform. We will communicate
such limitation or suspension of the ComeNow Service through the Platform.
3.8 We may, at our sole discretion, update the ComeNow Platform without prior notice to you.
Updates (including any patch or fix of bugs, error corrections, additional, modification or
removal of features, security, software, hardware, operation and/or functionality of the
ComeNow Platform) may add, modify or delete in their entirety certain features and
functionalities. You acknowledge and agree that we have no obligation to provide any updates
or to continue to provide or enable any particular feature or functionality of the ComeNow
Platform.
4. ACCOUNT REGISTRATION
4.1 Users may visit and browse the ComeNow Platform without opening an Account. However, a
User must create an Account to have access to the Services available on the ComeNow
Platform.
4.2 To create an Account, please download the ComeNow Platform mobile application and follow
the instructions for registration.
4.3 You are responsible for maintaining the confidentiality and security of Account information
including without limitation username and password associated with your Account that you use
to access the ComeNow Service. You are solely responsible for all activities and transactions
that occur or are carried out under your Account. ComeNow shall not be responsible for all
consequences arising from any unauthorized or fraudulent use of your Account.
4.4 You agree to notify us immediately of any unauthorized use of your username, password and/
or Account.
5. COLLECTION OF PERSONAL DATA
5.1 On registration and in the course of your use of the ComeNow Platform, you may provide us
with personal information including your name, address, mobile phone number, email address
and password. By providing your personal information to us, you hereby consent to our
collection, use, disclosure and retention of your personal information in accordance with our
Privacy Policy.
5.2 All information provided to us shall be true, correct and not misleading. If you provide any
information that may be untrue, incorrect or misleading in any respect, you shall be in violation
of these General Terms of Use and we have
6. CUSTOMER’S REPRESENTATIONS AND WARRANTIES
By using the ComeNow Platform or the ComeNow Service, you represent, warrant and
undertake as follows:
(a) By accessing or using the ComeNow Platform, you confirm that you are an individual
person who is at least 18 years old.
(b) You will lawfully use the ComeNow Platform and/or the ComeNow Service and will not
use the ComeNow Platform and/or the ComeNow Service for fraudulent or illegal
purposes.
(c) You will not use the ComeNow Service to cause nuisance, annoyance or inconvenience
to any other person.
(d) When registering or using an Account, you will use correct identity, address, email
address and mobile phone number.
(e) You will not intentionally allow another person to access your account, or make false or
fake bookings.
(f) The ComeNow Service is for your own use and not for resale to a third party.
(g) You will not post on the ComeNow Platform any false, inaccurate, misleading, abusive,
defamatory, libelous or obscene content.
(h) You will not copy or distribute any part of the ComeNow Platform in any medium.
(i) You will not alter or modify any part of the ComeNow Platform or its contents.
7. FEES AND PAYMENTS
7.1 As the operator of the ComeNow Service, we charge a commission when a Customer
engages the Services of the Service Provider.
7.2 When a Customer makes a booking for the Services of the Service Provider, the ComeNow
Platform will provide the Service Fee quotation to the Customer for his acceptance. Subject to
Clause 7.4 below, the Service Fee is inclusive of Service Provider’s fees, transportation
charges, ComeNow’s commission and GST, if applicable.
7.3 The Service Fee shall be payable upon acceptance or confirmation of the Services through the
ComeNow Platform.
7.4 If the nature of the services required by the Customer to be provided by the Service Provider
cannot be determined or confirmed at the time of booking, the Service Provider may, with the
agreement of the Customer, make an onsite visit. Transport charges of a minimum of S$20.00
will be payable by the Customer for such onsite visit upon booking regardless of whether the
Customer accepts or confirms the Services of the Service Provider and will be charged under
Clause 7.5 below. The Service Provider may provide a Service Fee quotation onsite via the
ComeNow Platform.
7.5 All payments for the Services shall be made via the ComeNow Platform through our online
payment gateway service provider, Stripe, or any other online payment processing service
provider of our choosing. You may be required to provide your payment details (such as credit
card, debit card or other digital payment method) to our online payment gateway service
provider to process payment. By providing the payment details, you authorize our online
payment gateway service provider to charge to your credit card, debit card or such other digital
payment method the Service Fee accepted or confirmed by you for the booking of the Services
of the selected Service Provider.
7.6 All payments through our online payment gateway service provider will be subject to the terms
and conditions of our online payment gateway service provider. You may refer to the terms and
conditions of Stripe at:
Legal – https://stripe.com/en-sg/legal
Privacy Policy – https://stripe.com/en-sg/privacy
7.7 After acceptance or confirmation of the Services, the Customer’s cancellation of the Services
of the Service Provider will be subject to the following charges:
(a) If the cancellation by the Customer occurs 2 hours or more before the agreed appointed
time of the Services, the cancellation fee will be equal to 3.4% of the Service Fee
(based on each charge transacted via Stripe) plus S$0.50, which will be deducted from
the amount paid by the Customer for such Services, and the balance will be refunded to
the Customer via Stripe.
(b) If the cancellation by the Customer occurs less than 2 hours before the agreed
appointed time of the Services, the cancellation fee will be equal to 3.4% of the Service
Fee (based on each charge transacted via Stripe) plus S$0.50 plus transportation
charges of S$20.00, which will be deducted from the amount paid by the Customer for
such Services, and the balance will be refunded to the Customer via Stripe.
(c) If the cancellation is by the Service Provider, a full refund will be made to the Customer.
7.8 For the avoidance of doubt, the cancellation fee will include an additional $0.50 for each
additional charge transacted via Stripe due to price change or onsite quoting.
7.9 In the event of dispute between the Customer and the Service Provider, ComeNow reserves
the right at ComeNow’s sole discretion to:-
(a) suspend or terminate the Services of the Service Provider to be provided to the
Customer and/or replace the Service Provider, upon which the Customer or the Service
Provider (at the determination of ComeNow) shall be deemed to have cancelled the
Services; and/or
(b) pay to the Service Provider, withhold or refund to the Customer all or part of the
relevant Service Fee;
(c) take such other actions as it deems fit to resolve the matter.
7.10 After acceptance or confirmation of the Service Fee quotation, any change of the Service
Provider required by the Customer will treated as cancellation by the Customer. The booking
of the new Service Provider will be treated as a new booking transaction.
7.11 ComeNow reserves the right to suspend the processing of any transaction where it reasonably
believes that the transaction may be fraudulent, illegal or involves any criminal activity or
where the Customer or the Service Provider may have breached any terms and conditions of
this Agreement. In such an event, ComeNow is not liable for any withholding of, delay in,
suspension, forfeiture or cancellation of, any payments.
8. PROPRIETARY RIGHTS
The ComeNow Platform is owned and operated by ComeNow. All content and materials on the
ComeNow Platform, including the information, images, videos as well as any software
programs available on or through the ComeNow Platform (collectively “Site Content”) are
protected by copyright, trademark and other forms of proprietary rights. Unless expressly
stated, all rights, title, interests and benefits in and to the Site Content are owned by, licensed
to or controlled by ComeNow.
9. RESTRICTIONS ON THE PLATFORM
9.1 You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the ComeNow Platform, or in any way reproduce or
circumvent the navigational structure or presentation of the ComeNow Platform, to obtain or
attempt to obtain any content, materials, documents or information through any means not
purposely made available through the ComeNow Platform.
9.2 You shall not hyperlink, reproduce, retransmit, disseminate, sell, distribute, republish,
broadcast, circulate or commercially exploit any part of the ComeNow Platform in any manner
for any public or commercial purpose whatsoever.
9.3 Modification of the ComeNow Platform for any other purpose will be a violation of copyright
and other intellectual property rights of ComeNow. Graphics and images on the ComeNow
Platform are protected by copyright and may not be reproduced or appropriated in any manner
without the written permission of their respective copyright owners and ComeNow.
9.4 You agree not to use any device, software or routine to interfere or attempt to interfere with the
proper operation of the ComeNow Platform.
9.5 In addition, you acknowledge, agree and undertake that you shall not:
(a) Interfere or attempt to interfere with the proper functioning of the Service; and
(b) Make any automated use of the ComeNow Platform, the Service or the related systems,
or take any action that we deem to impose or to potentially impose an unreasonable or
disproportionately large load on our servers or network infrastructure.
10. LINKS TO OTHER SITES
10.1 The ComeNow Platform may contain hyper-links to other websites which belong to third
parties. We make no representation and are not responsible for the content of those websites
and shall not be liable for any damages or loss arising from access to those websites. Any
content, services, representations made on such websites are solely the responsibility of the
operator of those websites and we assume no responsibility for any content, the operation or
the services provided thereon. Use of the hyper-links and access to such linked sites are
entirely at your own risk.
10.2 In no circumstances shall ComeNow be considered to be associated or affiliated in whatever
manner with any trade or service marks, logos, insignia or other devices used or appearing on
the websites to which the ComeNow Platform is linked.
11. NO WARRANTIES
11.1 WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE
RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY
OR COMPLETENESS AS TO THE ACCURACY, CORRECTNESS, RELIABILITY,
CURRENTNESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE OF THE COMENOW PLATFORM, INCLUDING
BUT NOT LIMITED TO ANY DATA OBTAINED BY OR FROM ANY THIRD PARTIES.
11.2 THE SERVICES AND THE COMENOW PLATFORM ARE PROVIDED ON AN “AS-IS,
WHERE-IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
WE SPECIFICALLY DISCLAIM IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY AND NONINFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT
WARRANT AND HEREBY DISCLAIM ANY WARRANTY THAT THE COMENOW PLATFORM
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE
CORRECTED OR THAT THE COMENOW PLATFORM IS AND WILL BE FREE OF ALL
VIRUSES AND / OR OTHER HARMFUL ELEMENTS.
12. LIMITATION OF LIABILITY
12.1 WE SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND, HOWSOEVER
CAUSED AS A RESULT (DIRECT OR INDIRECT) OF THE ACCESS OR USE OF THE
SERVICES AND/OR THE COMENOW PLATFORM, INCLUDING BUT NOT LIMITED TO ANY
DAMAGE OR LOSS SUFFERED AS A RESULT OF RELIANCE ON THE COMENOW
PLATFORM.
12.2 AS THE SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS, WE SHALL NOT BE
LIABLE FOR ANY DAMAGE, LOSS OR INJURY OF ANY KIND, HOWSOEVER CAUSED AS
A RESULT (DIRECT OR INDIRECT) BY SUCH SERVICE PROVIDERS OR THROUGH THE
USE OF THE SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.
12.3 NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, COMENOW SHALL NOT BE
LIABLE OR OBLIGATED WITH RESPECT TO THE SUBJECT MATTER OF THIS
AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR IN LAW
OR EQUITY FOR ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE SERVICE
FEES PAID BY THE CUSTOMER UNDER THIS AGREEMENT WITH RESPECT TO THE
SERVICES PROVIDED BY THE SERVICE PROVIDER.
13. INDEMNITY AND RELEASE
You agree and undertake to release, indemnify and hold ComeNow and its related companies,
and their respective officers, directors, shareholders, employees and agents, harmless from all
demands, claims, actions, proceedings, judgments, orders, decrees, damages, costs, losses
and expenses of any nature whatsoever arising from or in any way relating to your use of the
ComeNow Platform, or your use of the Services provided by any Service Provider, or any act,
omission, default, breach or negligence of any Service Provider, or with any failure by you or
any Service Provider to fully comply with this Agreement.
14. MATERIAL BREACHES
You agree that the actions, conduct or behaviour by you described below constitute material
breaches of this Agreement:
(a) Exchanging contact information between you and the Service Provider.
(b) Contacting the Service Provider directly outside or independently of the ComeNow
Platform.
(c) Obtaining any Services from a Service Provider independently of the ComeNow
Platform.
(d) Breaching or violating any terms of this Agreement.
In the event of your material breach of this Agreement, ComeNow shall have the right to issue
you a warning, or to suspend or ban you from the ComeNow Platform in accordance with
Clause 15 (Suspension and Termination).
15. SUSPENSION AND TERMINATION
15.1 We may, at our absolute discretion, suspend or terminate your Account and your access to the
ComeNow Platform with immediate effect and without any prior written notice to you, (a) if you
have breached or violated any of the terms of this Agreement, our Privacy Policy or any other
terms and conditions with us, or (b) without giving any reason whatsoever.
15.2 In the event of any termination, you will have no right to use or access to our ComeNow
Platform or the Services. We will have no obligation to maintain your Account or to retain or
forward any information in your Account, except as required by the applicable law.
16. GENERAL
16.1 No failure by us to exercise and no delay by us in exercising any right, power or remedy under
this Agreement will operate as a waiver. Nor will any single or partial exercise by us of any
right, power or remedy preclude any other or further exercise of that or any other right, power
or remedy by us. No waiver shall be valid unless in writing signed by us. The rights and
remedies herein are in addition to any rights or remedies provided by law.
16.2 All rights and obligations hereunder are personal to you and you shall not assign any such
rights and obligations to any third party without our prior consent in writing.
16.3 Any clause, stipulation or provision of this Agreement, or any part thereof, which is declared or
adjudged to be illegal, invalid, prohibited or unenforceable under any applicable law in any
jurisdiction shall be ineffective to the extent of such illegality, invalidity, prohibition or
unenforceability without invalidating, vitiating or rendering unenforceable the remaining
clauses, stipulations or provisions of this Agreement, and any such illegality, invalidity,
prohibition or unenforceability in any jurisdiction shall not invalidate, vitiate or render
unenforceable any such clauses, stipulations or provisions in any other jurisdiction.
17. GOVERNING LAW AND DISPUTE RESOLUTION
17.1 This Agreement is governed by, interpreted and construed in accordance with the laws of the
Republic of Singapore.
17.2 You agree that the courts of Singapore shall have exclusive jurisdiction to hear and determine
any action or proceeding arising out of or in connection with this Agreement and for that
purpose you irrevocably submit to the exclusive jurisdiction of such courts.
17.3 Any dispute between ComeNow and a Customer arising out of or in connection with this
Agreement (the “Dispute”) must be submitted for mediation at the Singapore Mediation Centre
(“SMC”) in accordance with SMC’s Mediation Procedure in force for the time being. Any party
may submit a request to mediate to SMC upon which the other party will be bound to
participate in the mediation within 45 days thereof. Every party to the mediation must be
represented in person or by senior executive personnel or its equivalent, with authority to
negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will
be appointed by SMC. The mediation will take place in Singapore in the English language and
the parties agree to be bound by any settlement agreement reached.
18. DISPUTES BETWEEN CUSTOMER AND SERVICE PROVIDER
ComeNow values our Customers and Service Providers. If a dispute arises between a
Customer and a Service Provider, we encourage the parties to resolve their dispute amicably.
In the event the dispute cannot be resolved independently, you agree, at our request, to
participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution
or mediation conducted by a neutral third-party mediator selected by ComeNow.
Notwithstanding the foregoing, you acknowledge and agree that ComeNow is under no
obligation to become involved in or impose resolution in any dispute between the Customer
and the Service Provider. Any legal costs and expenses relating to this dispute resolution
process shall be borne by the parties in dispute and not by ComeNow.
19. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT (CAP. 53B) NOT APPLICABLE
Save for the parties specifically identified in this Agreement, any person or entity who is not a
party to this Agreement whether or not any benefit is conferred or purported to be conferred on
him directly or indirectly has no rights under the Contracts (Rights of Third Parties) Act (Cap.
53B) to enforce any term or condition of this Agreement.