Last Updated: 13 October 2021
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing and/or using the GO!MAMA Platform (as defined below), you agree to comply with and be bound by these Terms.
These Terms constitute a legally binding agreement (“Agreement”) between you and GO!MAMA (as defined below) governing your access to and/or use of the GO!MAMA website at www.gomama.com.sg, including any subdomains thereof, and any other websites through which GO!MAMA makes its services available (collectively, “Website”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated facilities, equipment, services and premises (collectively, “GO!MAMA Services”). The Website, Application and GO!MAMA Services together are hereinafter collectively referred to as the “GO!MAMA Platform”.
When these Terms mention “GO!MAMA,” “we,” “us,” or “our,” it refers to GO!MAMA PRIVATE LIMITED (UEN: 202108084H), a company incorporated in Singapore with its registered address at 21 Woodlands Close, #08-44 Primz Bizhub, Singapore 737854.
Facility Providers are solely responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings (as defined below).
We reserve the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the GO!MAMA Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect, otherwise your continued access to or use of the GO!MAMA Platform will constitute acceptance of the revised Terms.
1 Scope of Service
1.1 The GO!MAMA Platform is an online platform that enables (a) registered users (“GO!MAMA Members” or “you”) to find nursing and/or lactation facilities in Singapore (“Listings”). After successful Singpass verification, you will be able to access GO!MAMA-branded pods and/or GO!MAMA Access System (“GO!MAMA Products”). (b) Facility Providers who offer such spaces (“Facility Locations”) to have such Facility Locations available on the GO!MAMA Platform and/or spaces in which GO!MAMA Products are located.
1.2 As the provider of the GO!MAMA Platform, other than GO!MAMA Products, GO!MAMA does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Facility Locations. Facility Providers alone are responsible for their Listings and Facility Locations. When you utilise a Facility Location, you are entering into a contract directly with the Facility Provider. GO!MAMA is not and does not become a party to or other participant in any contractual relationship between GO!MAMA Members and Facility Providers, nor is GO!MAMA a real estate broker or insurer. GO!MAMA is not acting as an agent in any capacity for any GO!MAMA Member or Facility Provider.
1.3 GO!MAMA has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings, (ii) the truth or accuracy of any Listing descriptions, or (iii) the performance or conduct of any GO!MAMA Member, Facility Provider or third-party. GO!MAMA does not endorse or guarantee the performance of any GO!MAMA Member, Facility Providers, Listings, GO!MAMA Products or Facility Locations.
1.4 The GO!MAMA Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. GO!MAMA is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by GO!MAMA of such Third-Party Services.
1.5 Due to the nature of the Internet and WIFI connectivity, GO!MAMA cannot guarantee the continuous and uninterrupted availability and accessibility of the GO!MAMA Platform. GO!MAMA may restrict the availability of the GO!MAMA Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the GO!MAMA Platform. GO!MAMA may improve, enhance and modify the GO!MAMA Platform and introduce new GO!MAMA Services from time to time.
1.6 You are responsible for obtaining the data network access necessary to use the GO!MAMA Platform. Your mobile network’s data and messaging rates and fees may apply if you accesses or uses the GO!MAMA Platform from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the GO!MAMA Platform and any updates thereto. We do not guarantee that the GO!MAMA Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the GO!MAMA Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
2 Eligibility, Using the GO!MAMA Platform, Member Verification
2.1 In order to access and use the GO!MAMA Platform or register a GO!MAMA Account you must be an individual at least 18 years old and capable of entering into legally binding contracts.
2.2 You represent and warrant that you are not listed on any United Nations list of prohibited or restricted parties, nor are you designated as a terrorist or terrorist entity under the Terrorism (Suppression of Financing) Act Cap.325.
2.3 The access to or use of certain areas and features of the GO!MAMA Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the GO!MAMA Platform. If there is a conflict between these Terms and the terms and conditions applicable to a specific area or feature of the GO!MAMA Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
2.4 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the GO!MAMA Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3 Modification of these Terms
GO!MAMA reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the GO!MAMA Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement and stop accessing and/or using the GO!MAMA Platform with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the GO!MAMA Platform will constitute acceptance of the revised Terms.
4 Account Registration
4.1 You must register an account (“GO!MAMA Account”) to access and use the GO!MAMA Platform.
4.2 You must provide accurate, current and complete information during the registration process and keep your GO!MAMA Account profile page information up-to-date at all times.
4.3 You may not register more than one (1) GO!MAMA Account unless GO!MAMA authorizes you to do so. You may not assign or otherwise transfer your GO!MAMA Account to another party.
4.4 You are responsible for maintaining the confidentiality and security of your GO!MAMA Account credentials and must not disclose your credentials to any third-party. You must immediately notify GO!MAMA if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your GO!MAMA Account. You are liable for any and all costs incurred by and/or activities conducted through your GO!MAMA Account until such time that GO!MAMA acknowledges your report of such unauthorized used or loss and has taken satisfactory steps to resolve such issue. For the avoidance of doubt, GO!MAMA will use commercially reasonable endeavours to promptly acknowledge and action all such reports.
4.5 By creating a GO!MAMA Account, you agree that GO!MAMA may send you informational content via mobile app, (SMS) messages, electronic direct mailers (EDM) as part of the normal business operation of your use of GO!MAMA Platform
5.1 GO!MAMA may, at its sole discretion, permit Facility Providers to provide content, such as text, photos, audio, video, or other materials and information, in each case relating to their Listings (“Listing Content”). GO!MAMA itself may make available on or through the GO!MAMA Platform, proprietary GO!MAMA content, any content licensed or authorized for use by or through GO!MAMA from a third-party and any content made available to the public (“GO!MAMA Content” and together with Listing Content, “Collective Content”).
5.2 The GO!MAMA Platform, GO!MAMA Content, and Listing Content may in its entirety or in part be protected by copyright, trademark, and/or other applicable laws. You acknowledge and agree that the GO!MAMA Platform and GO!MAMA Content, including all associated intellectual property rights, are the exclusive property of GO!MAMA and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the GO!MAMA Platform, GO!MAMA Content or Listing Content. All trademarks, service marks, logos, trade names, and any other source identifiers of GO!MAMA used on or in connection with the GO!MAMA Platform and GO!MAMA Content are trademarks or registered trademarks of GO!MAMA. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the GO!MAMA Platform, GO!MAMA Content, and/or Listing Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the GO!MAMA Platform or Listing Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GO!MAMA or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, GO!MAMA grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Listing Content made available on or through the GO!MAMA Platform and accessible to you, solely for your personal and non-commercial use.
6 Usage of GO!MAMA Products
6.1 Subject to meeting any requirements set by GO!MAMA and/or the Facility Provider, you can utilise any GO!MAMA Product that is made available as a Listing on the GO!MAMA Platform.
6.2 Upon your successful check-in at a GO!MAMA Product, a legally binding agreement is formed between you and GO!MAMA or the Facility Provider (whichever is applicable), subject to any additional terms and conditions of GO!MAMA or the Facility Provider that apply, including in particular any rules and restrictions specified in the Listing.
7 Damage to GO!MAMA Products
7.1 You are responsible for leaving the GO!MAMA Product clean and tidy and in the condition it was in when you arrived as well as your own acts and omissions during your use of the GO!MAMA Product.
7.2 If GO!MAMA or a Facility Provider claims and provides evidence that you have damaged a GO!MAMA Product, a Facility location or any other equipment and/or property, GO!MAMA or the Facility Provider shall have the right to seek compensation from you. GO!MAMA also reserves the right to otherwise collect payment from you and pursue any remedies available to GO!MAMA in this regard in situations in which you are responsible for.
7.3 You agree to cooperate with and assist GO!MAMA in good faith, and to provide GO!MAMA with such information and take such actions as may be reasonably requested by GO!MAMA, in connection with any compensation or other complaints or claims made by GO!MAMA or Facility Provider relating to GO!MAMA Products or Facility Locations or any equipment and/or property located at a GO!MAMA Product or Facility Location.
8 Prohibited Activities
8.1 You are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the GO!MAMA Platform, GO!MAMA Products and/or Facility Locations. In connection with your use of the GO!MAMA Platform, GO!MAMA Products and/or Facility Locations, you will not and will not assist or enable others to:
• breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms and Policies;
• use the GO!MAMA Platform or Listing Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies GO!MAMA endorsement, partnership or otherwise misleads others as to your affiliation with GO!MAMA;
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;
• use, display, mirror or frame the GO!MAMA Platform or Collective Content, or any individual element within the GO!MAMA Platform, GO!MAMA’s name, any GO!MAMA trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the GO!MAMA Platform, without GO!MAMA’s express written consent;
• dilute, tarnish or otherwise harm the GO!MAMA brand in any way, including through unauthorized use of Collective Content, registering and/or using GO!MAMA or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to GO!MAMA domains, trademarks, taglines, promotional campaigns or Collective Content;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the GO!MAMA Platform for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by GO!MAMA or any of GO!MAMA’s providers or any other third-party to protect the GO!MAMA Platform;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the GO!MAMA Platform;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the GO!MAMA Platform; or
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.
8.2 You acknowledge that GO!MAMA has no obligation to monitor the access to or use of the GO!MAMA Platform by any GO!MAMA Member or Facility Provider or to review, disable access to, or edit any Listing Content, but has the right to do so to (i) operate, secure and improve the GO!MAMA Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure GO!MAMA Members’ and Facility Providers’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; or (iv) as otherwise set forth in these Terms. GO!MAMA Members and Facility Providers agree to cooperate with and assist GO!MAMA in good faith, and to provide GO!MAMA with such information and take such actions as may be reasonably requested by GO!MAMA with respect to any investigation undertaken by GO!MAMA or a representative of GO!MAMA regarding the use or abuse of the GO!MAMA Platform.
8.3 No authorised agents/ third parties including members of the public should work on the modification, reproduction, distribution, transmission, public display, exhibition, broadcast, translation, publication, authorisation, creation of derivative products, transfer, sale, reverse engineering, and decompilation that occurs from GO!MAMA Platform and its related products. GO!MAMA is entitled to pursue all liability and compensation for any of the above acts, and not limited to attempt to extract source code, obtain raw data from GO!MAMA products or services and/ or any part of them.
9 Term and Termination
9.1 This Agreement shall be effective from the date of your creation of a GO!MAMA Account until such time when you or GO!MAMA terminate the Agreement in accordance with this provision.
9.2 You may terminate this Agreement at any time by terminating your GO!MAMA Account.
9.3 Without limiting our rights specified below, GO!MAMA may terminate this Agreement for convenience.
9.4 GO!MAMA may immediately, without notice, terminate this Agreement and/or stop providing access to the GO!MAMA Platform if (i) you have materially breached your obligations under these Terms or our Policies, (ii) you have violated applicable laws, regulations or third-party rights, or (iii) GO!MAMA believes in good faith that such action is reasonably necessary to protect the personal safety or property of GO!MAMA, its GO!MAMA Members, Facility Providers, or third-parties (for example in the case of fraudulent behaviour of a GO!MAMA Member). In case of non-material breaches and where appropriate, you will be given notice of any intended measure by GO!MAMA and an opportunity to resolve the issue to GO!MAMA’s reasonable satisfaction.
9.5 When this Agreement has been terminated, you are not entitled to a restoration of your GO!MAMA Account. If your access to or use of the GO!MAMA Platform has been limited or your GO!MAMA Account has been suspended or this Agreement has been terminated by us, you may not register a new GO!MAMA Account or access and use the GO!MAMA Platform through a GO!MAMA Account of another GO!MAMA Member. Any termination shall be without prejudice to any rights which have accrued prior to such termination.
9.6 Sections 10 to 15 of these Terms shall survive any termination or expiration of this Agreement.
IF YOU CHOOSE TO USE THE GO!MAMA PLATFORM OR COLLECTIVE CONTENT, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE GO!MAMA PLATFORM AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE GO!MAMA SERVICES, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO YOUR UTILISATION OF GO!MAMA PRODUCTS AND/OR FACILITY LOCATIONS AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY GO!MAMA.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES WITHOUT CANNOT BE EXCLUDED, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE GO!MAMA PLATFORM AND COLLECTIVE CONTENT, OR YOUR UTILISATION OF ANY GO!MAMA PRODUCT AND/OR FACILITY LOCATION VIA THE GO!MAMA PLATFORM REMAINS WITH YOU. NEITHER GO!MAMA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GO!MAMA PLATFORM OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) FROM THE USE OF OR INABILITY TO USE THE GO!MAMA PLATFORM OR COLLECTIVE CONTENT, (III) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER GO!MAMA MEMBERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE GO!MAMA PLATFORM, OR (IV) FROM YOUR USE OF A GO!MAMA PRODUCT AND/OR FACILITY LOCATION VIA THE GO!MAMA PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GO!MAMA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL GO!MAMA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE GO!MAMA PLATFORM INCLUDING, BUT NOT LIMITED TO, FROM YOUR UTILISATION OF ANY GO!MAMA PRODUCTS AND/OR FACILITY LOCATIONS VIA THE GO!MAMA PLATFORM, OR FROM THE USE OF OR INABILITY TO USE THE GO!MAMA PLATFORM OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY LISTING. ADDITIONALLY, THIS DOES NOT AFFECT GO!MAMA’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATION, MISREPRESENTATION AS TO A FUNDAMENTAL MATTER OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
To the maximum extent permitted by applicable law, you agree to release, defend (at GO!MAMA’s option), indemnify, and hold GO!MAMA and its affiliates and subsidiaries, and any applicable Facility Provider, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies, (ii) your improper use of the GO!MAMA Platform or any GO!MAMA Services, (iii) your interaction with any GO!MAMA Member or utilisation of a GO!MAMA Product and/or Facility Location, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or utilisation, or (iv) your breach of any laws, regulations or third-party rights.
13 Dispute Resolution and Arbitration Agreement
13.1 In the event of any dispute, you and GO!MAMA each agree to notify the other party of such dispute and attempt to negotiate an informal resolution to it first in good faith. We will contact you at the email address you have provided to us or you can contact GO!MAMA’s customer service team by emailing us. If such dispute has not and cannot be resolved informally within thirty (30) days of notification, either party may commence arbitration in accordance with Section 13.2 below.
13.2 Any dispute arising out of or in connection with this Agreement that cannot be resolved in accordance with Section 13.1 above 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 seat of the arbitration shall be Singapore. The tribunal shall consist of one (1) arbitrator and the language of the arbitration shall be English.
14 Applicable Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the Republic of Singapore, without regard to its conflict-of-law provisions.
15 General Provisions
15.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between GO!MAMA and you pertaining to the subject matter hereof and supersede any and all prior oral or written understandings or agreements between GO!MAMA and you in relation to the access to and use of the GO!MAMA Platform, GO!MAMA Products and/or Facility Locations.
15.2 No joint venture, partnership, employment, agency or fiduciary relationship exists between you and GO!MAMA as a result of this Agreement or your use of the GO!MAMA Platform, GO!MAMA Products and/or Facility Locations.
15.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
15.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will either be modified to the extent possible so that it becomes valid and enforceable or else struck out and, in any case, will not affect the validity and enforceability of the remaining provisions.
15.5 GO!MAMA’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
15.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without GO!MAMA’s prior written consent. GO!MAMA may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with thirty (30) days prior notice on the GO!MAMA Platform. Your right to terminate this Agreement at any time remains unaffected.
15.7 Unless specified otherwise, any notices or other communications issued generally to GO!MAMA Members and/or Facility Providers under this Agreement, will be provided electronically and given by GO!MAMA via GO!MAMA Platform notification.