These Terms & Conditions govern the use of the content and services offered through McSmart ("McSmart App", "App" or "Service"), the McSmart website and McSmart social media accounts (collectively "Services"). The terms "McSmart" and "we" refer to a company incorporated in Singapore :
The terms "user" or "you" refer to the user of the Services. By using or accessing our Services you accept these Terms & Conditions. Your use of our Services is subject to the McSmart Privacy Policy, which is an integral part of these Terms & Conditions and is available at https://mcsmart.app/privacy
By using McSmart you are subject to these Terms & Conditions and to any rules or policies applied by any App Store provider from whose site you download the App ("Provider"). We license use of McSmart to you on the basis of these Terms & Conditions. We (or our affiliates and/or third party licensors, where applicable) remain the owners of McSmart all times.
To use McSmart Services, registration is not required, but to download and use McSmart you must sign in with your Apple ID or Google ID. Relevant rules of Apple Inc. and Google Inc. respectively located at: https://www.apple.com/itunes and https://play.google.com/store apply. If you use a Provider other than listed above, you are subject to the terms and conditions of that Provider. Please contact your Provider in connection with any issues regarding your account. By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
McSmart offers a Premium subscription that grants you access to additional features. You can purchase and/or subscribe to McSmart Premium or other paid products. By paying the subscription fee you get access to McSmart Premium during the time your subscription is valid, subject to these Terms and Conditions. All subscriptions for McSmart Premium are paid in advance. You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for. You hereby consent to start using the Services immediately upon subscribing with McSmart Premium or other paid products. Except when required by law, paid Subscription fees are non-refundable. McSmart reserves the right to change the subscription fees from time to time.
Users purchase subscriptions for McSmart through the App Store, the Google Play store, or other Provider are governed by the terms and conditions of the Provider. Please contact your Provider in connection with any issues regarding payments, renewals and refunds. If you have subscribed to McSmart Premium through the use of App Store, Google Play Store or any other Provider, using in-app purchase, you can only cancel your subscription through the use of their services. Apple subscription purchases are handled by Apple Inc.
McSmart does not have access to your billing information and cannot issue a refund. To request refund and with other issues regarding subscription please contact Apple Inc. Google Play subscription purchases are handled by Google Inc. McSmart does not have access to your billing information and cannot issue a refund. To request refund and with other issues regarding subscription please contact Google Inc.
You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set according to your subscription type. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Kemang Internet Pte Ltd cancels it. You can at any time choose to cancel/end your account by contacting the Provider. Please note that uninstalling the mobile application or closing your account will not automatically stop your Premium subscription — you must actively cancel the subscription. Please note that if you have subscribed to McSmart through the use of App Store, Google Play Store, or any other Provider, you can only cancel your subscription through the use of their services. To find out how to cancel the subscription and/or your account, please follow the instructions in the App or contact your Provider for help.
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at [email protected]
Kemang Internet Pte Ltd is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason. We will never charge you for the App or its services without making it very clear to you exactly what you’re paying for.
It’s your responsibility to keep your phone and access to McSmart secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that your McSmart App won’t work properly or even not at all. Certain functions of the App will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider. Kemang Internet Pte Ltd cannot take responsibility for the App not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the App outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges. In using the App, you’re accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming. Along the same lines, you need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the service, Kemang Internet Pte Ltd cannot accept responsibility.
Although we endeavour to ensure that the App is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Kemang Internet Pte Ltd accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the App.
At some point, we may wish to update the App. The App is currently available on iOS and Android – the requirements for systems (and for any additional systems we decide to extend the availability of the App to) may change, and you’ll need to download the updates if you want to keep using the App. Kemang Internet Pte Ltd cannot guarantee that it will always update the App so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device.
We may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device. If you are not the bill payer for the device on which you are using the App, please be aware that we assume that you have received permission from the bill payer for using the App.
Our Service may contain links to third party web sites or services that are not owned or controlled by Kemang Internet Pte Ltd. Kemang Internet Pte Ltd has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Kemang Internet Pte Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Subject to these Terms and Conditions, Kemang Internet Pte Ltd grants you a limited, non-exclusive, revocable license to download and make personal non-commercial use of the Services, including downloading and making personal non-commercial use of McSmart on user’s mobile or tablet device.
All elements contained in the Services, including software, App, App content, website, website and social media pages content (together as "Materials") are owned by Kemang Internet Pte Ltd (or our affiliates and/or third party licensors, where applicable) and are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. You agree and acknowledge that you shall not acquire any ownership rights in or to these Materials.
The Materials may not be used except as provided for in these Terms and Conditions. The Materials are not intended for your commercial use. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. You may not modify such a content. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You agree not to publish content in false, inaccurate, or misleading context or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, hateful or otherwise objectionable. You may not otherwise download, display, copy, reproduce, distribute, publish modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, or other Materials without McSmart’s prior consent.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. Kemang Internet Pte Ltd has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service are the property of Kemang Internet Pte Ltd or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
All trademarks, logos, images, company names and brands displayed or referred to in the Services are the property of Kemang Internet Pte Ltd or respective owners. You have no license or right to use, alter or remove or copy them. Any unauthorized use or violation of these Terms & Conditions immediately and automatically terminates your right to use the Services and may subject you to legal liability.
You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libellous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Services.
In no event shall Kemang Internet Pte Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree to defend, indemnify and hold harmless Kemang Internet Pte Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
You use the Service at your own risk. The Service is provided "AS IS", without any warranties, and McSmart or your Provider do not warrant that the Service and availability thereof will be uninterrupted or error free. McSmart or Provider do not assume any responsibility for errors or omissions in the information or software or other documents, which are referenced by or linked to. In no event shall McSmart or relevant Provider be liable for any consequences of using links to third parties’ websites.
Any Materials are intended for general information purposes only. We are not liable or responsible for any consequences of your having read or been told about such Materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the Materials and information published as part of our Services.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Kemang Internet Pte Ltd reserves the right to change or update these Terms & Conditions or any other of our policies or practices, at any time, and will notify users by posting updated Terms & Conditions, polices or practices on this page. Any changes or updates will be effective immediately upon posting. Your continued use of the Services constitutes your agreement to abide by the Terms & Conditions, polices or practices as changed. Under certain circumstances we may also notify you of changes by additional means, such as email or notifications in McSmart.