General Trade Conditions (GTC) – 2023

The General Trade Conditions (GTC) contain the ePartner Program (EP), and its Sportyque Intellectual Property, and the Use of Sportyque Intellectual Property Addendums as presented in separate documents; and where each is an integral part of the GTC as shall be the sole Agreement between Sportyque and each Independent  ePartner.

1. Your Relationship with Sportyque

1.1  Your use of Sportyque’s products, software, services and web sites; referred to collectively as the Services in this document; and excluding any services provided to you by Sportyque under any other separate written agreement, is subject to the Terms of this agreement between you and Sportyque. (Agreement)

1.2  In this Agreement,  ‘Sportyque’ means Sportyque Marketing Pte Ltd, Singapore..

1.3  Your use of the Services by accepting the Terms of this Agreement, makes you an Independent Sportyque ePartner.

2. Acceptance of Terms

2.1  For you to use the Services as an ePartner, or to participate in the ePartner Program as an  ePartner, you must first agree to the Terms. You may not use the Services, or in any way represent Sportyque, if you do not accept the Terms.

2.2  You can accept the Terms by:

(a)  clicking to confirm you have read the Agreement, and that you accept and agree to the Terms, where this option is made available to you by Sportyque in the user interface for any Service; or

(b)  by actual use of the Services without prior acceptance under 1.3. In this case, you understand and agree that Sportyque will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3  It is the responsibility of every user of Services, who has for any reason thereby become an ePartner, but without accepting and agreeing to the Terms at time of becoming an ePartner: to read and agree with the Terms of the GTC, a copy of which can also be accessed at the bottom of each Sportyque website page;  or to immediately close the Sportyque Account of the  ePartner.. 

2.4  Before you continue, you should print off or save a copy of these General Trade Conditions for your records.

3. Language of Terms

3.1  Where Sportyque has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that only the English language versions of the Terms will define your relationship with Sportyque.

3.2  If there is any variation or conflict in meaning between the English language version of Terms and any other language translation, then the English language version shall take precedence.

4. Provision of Sportyque Services

4.1  Sportyque has affiliated legal entities (subsidiaries and members), which from time to time may provide Services on behalf of Sportyque.  You acknowledge and agree to accept Services from such subsidiaries and  members upon the Terms of this GTC,

4.2  Sportyque is constantly upgrading Services so as to provide the best possible experience for its users. You acknowledge and agree to accept such upgrades and changes of Services which Sportyque may provide without prior notice to you.

4.3  As part of continuing improvement to Services, you acknowledge and agree that Sportyque may stop, permanently or temporarily, providing Services, or any features within the Services, at Sportyque’s sole discretion and without prior notice.

4.4  You acknowledge and agree that if Sportyque disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4.5  You acknowledge and agree that while Sportyque may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Sportyque from time to time, and at Sportyque’s sole discretion.

5. Use of Services

5.1  In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Sportyque will always be accurate, correct and up to date.

5.2  You agree to use the Services only for purposes that are permitted by (a) the terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction of your residency

5.3  You agree not to access, or attempt to access, any of the Services by any means other than through the interface that is provided by Sportyque, unless you have been specifically allowed to do so in a separate agreement with Sportyque. You specifically agree not to access, or attempt to access, any of the Services through any automated means, including use of scripts or web crawlers, and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

5.4  You agree that you will not engage in any activity that interferes with or disrupts the Services, or the servers and networks which are  connected to the Services.

5.5  Unless you have been specifically permitted to do so in a separate agreement with Sportyque, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.6  You agree that you are solely responsible , and that Sportyque has no responsibility to you or to any third party, for any breach of your obligations under the Terms, and for the consequences, including any loss or damage which Sportyque may suffer, from any such breach.

6. Your Password and Account Security

6.1  You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2  Accordingly, you agree that you will be solely responsible to Sportyque for all activities that occur under your account.

7. Privacy and Your Personal Information

7.1  Information about Sportyque’s data protection practices, are contained in Appendix 1., the Privacy Policy. This policy is also found in the bottom menu on every Sportyque website page, and explains how Sportyque treats your personal information, and protects your privacy, when you use the Services.

7.2  You agree to the use of your data in accordance with the Privacy Policy of Sportyque in Appendix 1.

8. Content of Services

8.1  You understand that all information: such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images; to which you may have access to as part of or through your use of the Services, is and remains the sole responsibility of the person from whom such Content originates. Such information is referred to below as ‘Content’.

8.2 You are aware that Content presented to you as part of the Services including, but not limited to, advertisements and sponsored Content within the Services, may be protected by intellectual property rights of sponsors or advertisers who provide such Content to Sportyque, or by other persons or companies on their behalf.

8.3  You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content, either in whole or in part, unless you have received formal and separate agreement do so by Sportyque or by the owners of such Content

8.3  You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own discretion.

8.4  You agree that you are solely responsible, and that Sportyque has no responsibility to you or to any third party, for any Content that you create, transmit or display while using the Services, and for the consequences of your actions, including any loss or damage which Sportyque may suffer, by doing so.

9. Proprietary Rights

9.1  You acknowledge and agree that Sportyque; or Sportyque’s licensees, advertisers or sponsors; own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services, whether those rights are registered or not and wherever in the world those rights may exist. You further acknowledge that the Services may contain information which is designated confidential by Sportyque and that you shall not disclose such information without Sportyque’s prior written consent.

9.2  Unless you have agreed otherwise in writing with Sportyque, nothing in the Terms gives you a right to use any of Sportyque’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features.

9.3  If you have been given an explicit right to use any of these brand features in a separate written agreement with Sportyque, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms and Sportyque’s brand feature usage guidelines as updated from time to time.

9.4  You agree that you shall not remove, obscure, or alter any proprietary rights notices, including copyright and trade mark notices, which may be affixed to or contained within the Services.

9.5  Unless you have been expressly authorized to do so in writing by Sportyque, you agree, that in using the Services, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

10. Sportyque License

10.1  Sportyque gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to you by Sportyque as part of the services as provided to you by Sportyque (referred to as the Software below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Sportyque, in the manner permitted by the Terms. 10.2  You may not, and you may not permit anyone else, to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Sportyque in writing.

10.2  Unless Sportyque has given you specific written permission to do so, you may not assign, or grant a sub-license of, your rights to use  the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

11. Content ePartner License

11.1  You retain copyright and any other rights that you already hold in Content which you submit, post or display on or through the Services. By submitting, posting or displaying the Content you give Sportyque a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through the Services. This license is for the sole purpose of enabling Sportyque to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

11.2  You agree that this license includes a right for Sportyque to make such Content available to other companies, organizations or individuals with whom Sportyque has relationships for the provision of syndicated services and to use such Content in connection with the provision of those services.

11.3  You understand that Sportyque, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Sportyque to take these actions.

11.4  You confirm and warrant to Sportyque that you have all the rights, power and authority necessary to grant the above license.

12. Software Updates

The Software which you use may automatically download and install updates from time to time from Sportyque. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates, and permit Sportyque to deliver these to you, as part of your use of the Services.

13. Sale and Purchase of Sportyque Services

13.1  You acknowledge and agree that Sportyque has the sole and exclusive right to sell the proprietary Sportyque Products offered in the Sportyque website shop (eBoutyque), and where such Products may be purchased by any person.

13.2  You acknowledge and agree that you shall purchase Products exclusively through the Sportyque eBoutyque.

13.3  You are therefore aware that you are excluded from purchasing any Product in your own name, where ownership of the Product is transferred or sold, or intended to be transferred or sold, to a third party

13.4  Sportyque makes no Warranties, accepts no Liabilities and offers no Indemnities in regard to any Product purchased in any other way

13.5  Sportyque reserves the right to terminate Services for any person selling Sportyque Products, and to refuse Services to any person having purchase a Product other than in the Sportyque eBoutyque.

14. ePartner Program

14.1  As an ePartner, you have the additional opportunity to participate in the ePartner Program (Program). If you participate in this Program, you accept and agree with the additional Terms of this Program as appended hereto.

14.2  Only registered ePartners are eligible to qualify for the Program and the Services offered by Sportyque. This Program is based exclusively on Product referrals, and Product sales direct to any person via the website, eBoutyque, advertisements and other promotional media as provided by Sportyque Services.  You accept and agree not to sell any Product in any way to any person

14.3  As an ePartner, you accept and agree that you shall exclusively participate in the referral and promotion of Products and not in the sale of any Product

14.4  You accept and agree that Sportyque Products are only promoted and referred for purchase by you, and only by the use of, or reference to, any promotional, advertising, public relations and other marketing material and programs as supplied to you, or supported, by Sportyque for the sole purpose of providing an exclusive Sportyque marketing and promotional identity and image

14.5  You accept and agree that you shall only use Sportyque intellectual property, including but not exclusively, trade names, trademarks, logos and other brand and product image or promotional material; under the Services provided by Sportyque or as otherwise approved in writing, or supplied, by Sportyque.

14.6  You further accept and agree that you shall use such property only in accordance with any related Terms for usage. Intellectual property as you may use without written approval, is made available in your  ePartner Account on the Sportyque website, and is detailed in Appendix 1. , which includes the Terms of usage of any property contained therein.

14.7  You accept and agree that in the course of promoting and referring Sportyque Services and Products, that you shall not make any incorrect or misleading statements or claims in regard to benefits and advantages

14.8  As an ePartner, you agree and accept the General Trading Conditions, and terms, conditions and provisions of the  ePartner Program

15. Ending your Relationship with Sportyque

15.1  The Terms will continue to apply until  your ePartner Status is terminated by either you or Sportyque as set out below.

15.2  If you decide to terminate your legal agreement with Sportyque, you may do so by closing your Sportyque  ePartner account for all of the Services used by you: with formal notice to Sportyque address or email account as found under “Contact”  located at the bottom of the Sportyque website pages

15.3  If as an ePartner you terminate your legal agreement with Sportyque, you will not be able to re-join the  ePartner Program for a period of 6 months, and acceptance of your new registration is entirely at Sportyque’s discretion

15.4  As an ePartner you may not transfer Services under this Agreement to any other person or corporate entity

15.5  As an ePartners your Account may be transferred on Terms as detailed in the appended  ePartner Program

15.6  Sportyque may at any time, terminate its legal agreement with you if:

(1)  you have breached any provision of the Terms, or have acted in a manner which clearly shows that you do not intend to or are unable to comply with the provisions of the Terms; or

(2)  Sportyque is required to do so by law, for example, where the provision of the Services to you is, or becomes, unlawful; or

(3)  any subsidiary,  ePartner or other partner with whom Sportyque is offering Services to you, has terminated the relationship with Sportyque or ceased to offer the Services to you; or

(4)  Sportyque decides or is required, to no longer providing the Services to users in the country in which you are resident or from which you use the Service.

15.7  Nothing in this section shall affect Sportyque’s rights regarding provision of Services under Section 4 of the Terms.

15.8  When these Terms come to an end, all of the legal rights, obligations and liabilities, that you and Sportyque have benefited from, have been subject to, or which have accrued over time whilst the Terms have been in force, or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

16. Copyright and Trade Mark Policies

It is Sportyque’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law, and to terminating the accounts of repeat infringers.

17. Advertisements

17.1  Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

17.2  The manner, mode and extent of advertising by Sportyque on the Services are subject to change without specific notice to you.

17.3  In consideration for Sportyque granting you access to and use of the Services, you agree that Sportyque may place such advertising on the Services, with the exception where you have entered into a written agreement with Sportyque, or have purchased any additional Services that provide control over third party advertising within your Services

18. Other Content

18.1  The Services may include hyperlinks to other web sites or content or resources. Sportyque may have no control over any web sites or resources which are provided by companies or persons other than Sportyque.

18.2  You acknowledge and agree that Sportyque is not responsible for the availability of any such external sites or resources, and that Sportyque does not endorse any advertising, products or other materials on or available from such web sites or resources.

18.3  You acknowledge and agree that Sportyque is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

19. Changes to the Terms

19.1  Sportyque may make changes to the General Trade Conditions from time to time. When these changes are made, Sportyque will provide a copy of the amended General Trade Conditions as shall be made available on the Sportyque website.

19.2  You understand and agree that if you use the Services after the date on which the General Trade Conditions have changed, Sportyque will treat your use as acceptance of the updated Agreement and related Terms.

20. General Legal Terms

20.1  On occasion while using the Services, you may; as a result of, or through your use of the Services; use a service, download software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

20.2  The General Trading Terms constitute the sole and whole legal agreement between you as ePartner and, if registered,  ePartner and Sportyque, and govern your use of the Services, but excluding any services which Sportyque may provide to you under a separate written agreement, and replaces any prior agreements in any form between you and Sportyque in relation to the Services.

20.3  You agree that Sportyque may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

20.4  You agree that if Sportyque does not exercise or enforce any legal right or remedy which is contained in the Terms, or which Sportyque has the benefit of under any applicable law, this will not be taken to be a formal waiver of Sportyque’s rights, and that those rights or remedies will remain available to Sportyque.

20.5  If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

20.6  You acknowledge and agree that each ePartner of the group of companies of which Sportyque may be the parent, or any successors, shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on, or rights in favor of, them. No person or company other than these shall be third party beneficiaries to the Terms.

21. Legal Obligations & Indemnities

21.1   ePartner accepts and agrees that  ePartner has no authority to bind Sportyque to any obligation other than the obligations expressly set out in the GTC and the appended EP, and that  ePartner shall hold Sportyque harmless in relation to all claims made against  ePartner by any third party arising out of any breach by ePartner of any the Terms and Conditions of the GTC

21.2   ePartner indemnifies and agrees to hold Sportyque, including but not limited to; directors, officers, shareholders, employees, subsidiary or parent companies, licensees, sponsors, agencies, partners and agents; harmless in all claims, costs, damages, expenses, liabilities, losses and legal fees, resulting from or arising out of, or in any way connected with, any Sportyque webpage of ePartner, and/or any mistakes or alterations in information provided to Sportyque through the Sportyque website.

21.3   ePartner accepts and agrees that all data provided by ePartner to Sportyque, in registering for  ePartner and as contained in your Sportyque website Profiles; including but not exclusively, name, address, phone number and e-mail address as may be required by Sportyque, shall be retained for future use by Sportyque. ePartner further accepts and agrees that ePartner shall keep such data current at all times.

22. EXCLUSION OF WARRANTIES

22.1  NOTHING IN THESE TERMS, INCLUDING SECTIONS 14, SHALL EXCLUDE OR LIMIT SPORTYQUE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

22.2  YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’.

22.3  IN PARTICULAR, SPORTYQUE, ITS SUBSIDIARIES AND  ePARTNERS, AND ITS LICENSEES AND SPONSORS, DO NOT REPRESENT OR WARRANT TO YOU THAT:

(1)  YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(2)  YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS,

(3)  ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(4)  THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

22.4  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

22.5  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPORTYQUE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

22.6  SPORTYQUE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

23. LIMITATION OF LIABILITY

23.1  SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPORTYQUE, ITS SUBSIDIARIES AND  ePARTNERS, AND ITS LICENSEES AND SPONSORS, SHALL NOT BE LIABLE TO YOU FOR:

(1)  ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(2)  ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS  A RESULT OF:

(I)  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 ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II)  ANY CHANGES WHICH SPORTYQUE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES, OR ANY FEATURES WITHIN THE SERVICES;

(III)  THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(IV)  YOUR FAILURE TO PROVIDE SPORTYQUE WITH ACCURATE ACCOUNT INFORMATION;

(V)  YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

24. Company Registration Details

Sportyque is a privately owned Singapore company, duly incorporated as Sportyque Marketing Pte Ltd..

25. Governing Law

The Terms of this Agreement, the  ePartner Program and the use of Sportyque intellectual property as appended, shall be construed, subject to, and enforced under, the Laws of Singapore.

Sportyque Marketing Pte Ltd

October, 2023

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