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Terms and Conditions

Last Updated: 8/21/2024

General terms

Welcome to Y-Cucumber. By accessing and registering up with Y-Cucumber, you agree to comply with and be bound by these terms and conditions in full. These terms govern your use of our mobile app, website, and any other communications between you and Y-Cucumber.

Y-Cucumber and its team are not liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising from the use, or the inability to use, the materials on this site, even if Y-Cucumber and its team has been advised of the possibility of such damages. Should your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you will bear the costs thereof.

Y-Cucumber reserves the right to change prices and revise the resource usage policy at any time without notice.

License

Subject to your compliance with these terms and conditions, Y-Cucumber grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services and to download, install, and use the app strictly in accordance with these terms.

These terms and conditions constitute a contract between you and Pentatonic Y Pte Ltd, located at 30 Cecil St, #19-08, Prudential Tower, Singapore 049712 (referred to as "Y-Cucumber", "us", "we", or "our"), the provider of the Y-Cucumber mobile app, website, and the associated services accessible from the Y-Cucumber website as described in these terms and on our platform (collectively, referred to as the "Services").

By using the Services, you agree to these terms. If you do not agree to these terms and conditions, please do not use the Services. In these terms and conditions, "you" refers to both the individual using the service and the entity they represent. Violating any of these terms and conditions, may result in the cancellation or blocking of your account without notice.

This license does not include any resale or commercial use of the Services, or its contents; any collection and use of any date on the website; any derivative use of the Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these terms and conditions are reserved and retained by Y-Cucumber or its licensors, suppliers, publishers, rightsholders, or other content providers. The Services, or any part of the Services, will not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Y-Cucumber. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Y-Cucumber without express written consent. You may not use any meta tags or any other "hidden text" utilizing Y-Cucumber’s name or trademarks without the express written consent of Y-Cucumber. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by Y-Cucumber terminate if you do not comply with these terms and conditions of use.

We may employ the use of cookies meaning a small amount of data generated by a website and saved by your web browser, used to identify your browser, provide analytics, and remember information about you such as your language preference or login details. By using Y-Cucumber, you consent to the use of cookies in accordance with the Privacy Policy.

Most of the modern-day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

Some of our affiliate/advertising partners may also use cookies.

Hyperlinking to our Content

The following organisations may link to our website without prior written approval:

Government agencies;
Search engines; and
News organisations.

These organisations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

Restrictions

You agree not to, and you will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the app or make it available to any third party.
Modify, create derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the app.
Tamper with, or bypass any security associated with the Services, whether in whole or in part.
Create inline frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of our website.
Remove, alter, or obscure any proprietary notice, including copyright or trademark notices of Y-Cucumber or its affiliates, partners, suppliers or thelicensors of the app.

Return and Refund Policy

We appreciate your trust in Y-Cucumber. We want to make sure you have a rewarding experience while you’re exploring, evaluating, and engaging the Services via the Y-Cucumber platform.

The Y-Cucumber mobile app utilises a regulatory refund credit system. A cancellation of your booking of our Services, may be initiated by you or the service provider. If a reasonable cancellation is initiated by you, the verification will be done by the service provider and you have the choice to reschedule the session or receive a refund, provided that the reasonable cancellation is verified. In the event the service provider determines that your cancellation is unreasonable, a penalty will apply according to the time that the cancellation was made. Y-Cucumber is not liable for the consequences of any cancellation as the refund system is dependent on you and/or the service provider. For more information on our cancellation and refund system, please see our Manual.

After your Account is deleted and you have successfully notified us of such deletion through the “Contact Us” page, the balance of any credit purchased by you to utilise the mobile app can only be converted into the respective currency of your registration location for the purposes of processing your refund. For more information on our refund policy for the Account, please see our Manual.

By signing up for a Y-Cucumber account, you agree to the terms along with Y-Cucumber's Privacy Policy.

If you are not completely satisfied with any of our Services, please contact us to discuss any of the issues you encounter.

Feedback and Suggestions

Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to Y-Cucumber will remain the sole and exclusive property of Y-Cucumber.

Y-Cucumber shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or compensation to you.

Consent

We've updated our terms and conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our app, registering an account, or engaging with our Services, you hereby consent to these terms and conditions.

Links to Other Websites

These terms and conditions only apply to the Services. The Services may contain links to other websites not operated or controlled by Y-Cucumber. We are not responsible for the content, accuracy, or opinions expressed on linked websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our terms and conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies.

Changes to Terms and Conditions

Y-Cucumber reserves the right to modify or discontinue the Service or any features within the Services, whether permanently or temporarily, at our sole discretion, without prior notice to you. You can stop using the Services at any time. If your account is disabled, you may be prevented from accessing the Services, your account details, or any files or other materials which is contained in your account.

App Modifications and Updates

Y-Cucumber reserves the right to modify, suspend or discontinue, the app or any service to which it connects, whether temporarily or permanently, without notice and without liability to you.

Y-Cucumber may from time to time provide enhancements or improvements to the features / functionality of the app, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

The Updates may modify or delete certain features and/or functionalities of the app. Y-Cucumber has no obligation to provide any Updates, or continue to provide or enable any particular features and/or functionalities of the app to you.

All Updates will be deemed to constitute an integral part of the app, and subject to the terms and conditions of this agreement.

Third-Party Services

Our platform may display or provide access to third-party content, services or websites (including data, information, applications and other products services), such as advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services may interest you ("Third-Party Services").

Y-Cucumber is not responsible for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof of the Third-Party Services. Y-Cucumber does not assume any liability or responsibility to you or any other person or entity for your use of any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination

These terms and conditions remain effective until terminated by you or Y-Cucumber.

Y-Cucumber may, in its sole discretion, at any time and for any or no reason, suspend or terminate this agreement without prior notice.

Upon termination, you must cease all use of the app and delete all copies of the app from your any internet-connected device such as a phone, tablet, computer, or any other device used to access Y-Cucumber services (“Device”).

Termination of this Agreement will not limit any of Y-Cucumber's rights or remedies at law or in equity in case of any breach by you of any of your obligations under the terms and conditions.

If you are a copyright owner or such owner’s agent and believe any material on our app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Indemnification

You agree to indemnify and hold Y-Cucumber and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claims or demands, including reasonable legal fees, due to or arising out of your use of the app, violation of these terms or any law or regulation, or infringement of any third-party rights.

Electronic Communications

When you use the Services, or send e-mails, text messages, and other communications from your Device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this website, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

No Warranties

The app is provided "as is" and "as available" and with all faults and defects without any warranties. To the maximum extent permitted under applicable law, Y-Cucumber, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Y-Cucumber provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Y-Cucumber nor any Y-Cucumber's service provider makes any representation or warranty of any kind, express or implied: (a) as to the operation or availability of the app, or the information, content, and materials or products included thereon; (b) that the app will be uninterrupted or error-free; (c) as to the accuracy, reliability, or currency of any information or content provided through the app; or (d) that the app, its servers, the content, or e-mails sent from or on behalf of Y-Cucumber are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Limitation of Liability

Notwithstanding any damages that you might incur, Y-Cucumber’s liability under any provision of these terms and conditions and your exclusive remedy for all the foregoing, is limited to the amount paid by you for the app.

To the maximum extent permitted by applicable law, Y-Cucumber is not liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the app, third-party software and/or third-party hardware used with the app, or otherwise in connection with any provision of these terms and conditions), even if Y-Cucumber has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Severability

If any provision of these terms and conditions is held to be illegal, unenforceable or invalid in whole or in part, this agreement shall continue to be valid as to its other remaining provisions and the remainder of the affected provision, and the legality, enforceability and validity of such provision shall be unaffected and remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Y-Cucumber's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Waiver

Except as provided herein, the failure or delay to exercise a right or enforce an obligation under these terms and conditions does not constitute a waiver of such rights or obligations.

Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments

We may supplement, interpret, amend, vary, modify, discharge, delete, and/or update these terms to reflect changes in our Services and policies. Unless otherwise required by law, you will be notified of significant changes. Continued use of the Services, constitutes your acceptance to be bound by the updated terms.

Y-Cucumber reserves the right, at its sole discretion, to modify or replace these terms at any time. Continued access or use of our Services after changes take effect constitutes as your acceptance to be bound by the new terms. If you do not agree to the new terms, you are no longer authorized to use Y-Cucumber.

Entire Agreement

These terms and conditions, together with our Privacy Policy and any other legal notices published by Y-Cucumber on the Services, constitute the entire agreement between you and Y-Cucumber regarding the use of our app and with respect to the subject matter contained herein, and there are no covenants, terms or conditions, express or implied, other than as set forth herein. These terms and conditions supersedes all prior agreements relating to all or part of the subject matter herein and no representations, oral or written, modifying or contradicting these terms and conditions have been made by Y-Cucumber except as provided herein.

You may be subject to additional terms and conditions that apply when you use or engage with other Y-Cucumber's services, which may be provided via the Y- Cucumber platform.

Intellectual Property

The app and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Y-Cucumber, its licensors or other providers of such material and are protected by the Intellectual Property Office of Singapore and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Y-Cucumber, unless and except as is expressly provided in these terms and conditions. Any unauthorized use of the material is prohibited.

You must not republish material, sell, rent or sub-license material and/or reproduce, duplicate or copy material from our website. You may view and/or print pages from our website for your own personal use subject to the restrictions set out in these terms and conditions.

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Y-Cucumber without any compensation or credit to you whatsoever. Y-Cucumber and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Dispute Resolution

Any dispute arising out of or in connection with these terms and conditions and/or concerning the Services, including any question regarding its existence, validity or termination, except for any dispute relating to claims for injunctive or equitable relief regarding the enforcement or validity of your or Y-Cucumber’s intellectual property rights (“Dispute”), 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 1 arbitrator.

The language of the arbitration shall be English.

In the event of a Dispute, you or Y-Cucumber must give the other a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (“Notice of Dispute”). You must send any Notice of Dispute via email to: Y-Cucumber Contact Us. Y-Cucumber will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Y-Cucumber hereby agree to attempt to resolve any Dispute through informal negotiations within sixty (60) days from the date the Notice of Dispute is sent. In the event, the Dispute is not resolved after sixty (60) days from the date of the Notice of Dispute, you or Y-Cucumber may commence arbitration.

Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we reserve the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We reserve the right to refuse or cancel any such order whether or not the order has been confirmed and the transaction was successful. If a bank transaction was made for the purchase and your order is cancelled, we shall immediately issue a credit to your payment account in the amount of the charge. We reserve the right to correct any errors in pricing or information and cancel any affected orders.

Applicable Law

These terms and conditions are governed by the laws of Singapore. Any waiver or modification must be in writing and signed by an authorised representative of Y-Cucumber.

Disclaimer

Y-Cucumber is not responsible for any content, code or any other imprecision.

Y-Cucumber does not provide warranties or guarantees.

Y-Cucumber will not be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Services or the contents of the Services. Y-Cucumber reserves the right to make additions, deletions, or modifications to the contents of the Services at any time without prior notice.

Y-Cucumber provides the Services "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Y-Cucumber is a distributor and not a publisher of the content supplied by third parties; as such, Y-Cucumber exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Services. Without limiting the foregoing, Y-Cucumber specifically disclaims all warranties and representations in any content transmitted on or in connection with the Services or on sites that may appear as links on the Services, or in the products provided as a part of, or otherwise in connection with, the Services, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Y-Cucumber or any
of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Rates and availability information is subject to change without notice. Without limiting the foregoing, Y-Cucumber does not warrant that the Services will be uninterrupted, uncorrupted, timely, or error-free.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under
applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

For further inquiries, please contact, Y-Cucumber.

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