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Scratchbac App Terms & Condition

Terms & Conditions

Last modified: 03 January 2023


Section A – General Terms

1. Introduction

1.1 Please read these Terms of Service carefully. By using the Service (as defined below), you agree that you have read and understood the terms in these Terms of Service which are applicable to you. These Terms of Service and the Scratchbac Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and Scratchbac (as defined below). The Agreement applies to your use of the Service provided by Scratchbac. If you do not agree to the Terms of Service please do not use or continue using the Platform (as defined below) or the Service.


1.2 Scratchbac may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on or the Application. It is your responsibility to review the Terms of Service and Scratchbac Policies regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.


2. Definitions

In these Terms of Service, the following words shall have the meanings ascribed below:

2.1 “Application” means the relevant mobile application(s) made available for download by Scratchbac (or its licensors) to Consumers and Partners respectively;

2.2 “Consumer” or “User” means any end-user who accesses or uses the Platform to search for and obtain the Solutions;

2.3 “Consumer Charges” or “User Charges” means charges incurred by Consumers for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions;

2.4 “Scratchbac” / “we” means:

2.4.1 Scratchbac Pte Ltd in relation to Scratchbac;

2.5. “Scratchbac Policies” means the following:

2.5.1 the Privacy Notice;

2.5.2 all other forms, policies, notices, guidelines, frequently asked questions (FAQs), in-app or website product/service descriptions and information cards, or agreements provided to or entered into by you from time to time;

2.6 “Partner” means the independent third parties (who are not Scratchbac) who provide the relevant Solutions to Consumers through the Service, including any other relevant goods and services providers;

2.7 “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;

2.8 “Platform” means the Application, Software and any other platform, portal or website which Scratchbac owns, operates or otherwise makes available to Consumers and/or Partners for the purposes of or in connection with the Service and/or Solutions;

2.9 “Platform Content” means any content as made available on the Platform or any part thereof;

2.10 “Privacy Notice” means our Privacy Notice accessible at:  Scratchbac Privacy Policies as amended from time to time;

2.11 “Rectification Measure” has the meaning ascribed to it in Clause 21.2 of Section A;

2.12 “Service” means the linking of Consumers to Partners or other Consumers to facilitate the Solutions;

2.13 “Software” means any software in connection with the Application, Service and/or Solutions which is made available by Scratchbac;

2.14 “Solutions” means the transportation, logistics, food and beverage, groceries and/or other products and services which are made available to Consumers through the following offerings:

2.14.1 “Scratchbac App”

2.14.24 Any such other offerings which Scratchbac may make available from time to time; and

2.15 “you” refers to the Partner and/or Consumer as may be applicable.

3. Representations, Warranties and Undertakings

3.1 By using the Service and/or Platform, you represent, warrant and undertake that:

3.1.1 You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;

3.1.2 You will provide true, accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it true, accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that Scratchbac may rely on your information as true, accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, Scratchbac has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

3.1.3 You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;

3.1.4 You will only use an access point or account which you are authorized by Scratchbac to use;

3.1.5 You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise permitted by Scratchbac;

3.1.6 You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;

3.1.7 You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;

3.1.8 You agree to notify us immediately of any unauthorized use of your account or any other breach of security;

3.1.9 When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform;

3.1.10 You will only use the Platform and Service for their intended and lawful purposes;

3.1.11 You will not try to interrupt, impair or harm the Service and/or Platform in any way, and shall refrain from: (a) sending spam or otherwise duplicative or unsolicited messages; (b) sending or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) sending material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfering with or disrupt the integrity or performance of the Platform or the data contained therein; (e) attempting to gain unauthorized access to the Platform or its related software, systems or networks; (f) impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity; (g) engaging in any conduct that could possibly damage our reputation or amount to being disreputable; (h) circumventing the proper operation of the Platform and network which the Service operates on; and (i) using any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, to unduly burden or hinder the operation and/or performance of the Platform, or to circumvent the navigational structure or presentation of the Platform or its content;

3.1.12 You will not attempt to commercially exploit any part of the Platform without our permission. For the avoidance of doubt, you are not permitted to modify or make derivative works based on the Platform, its content or any part thereof in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose save where specifically permitted in writing by Scratchbac. This includes without limitation, not to:

(a) create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Platform except for your personal, non-commercial use;

(b) copy any content displayed through the Platform or “mirror” the Platform or any parts thereof on any other server or wireless or internet-based device, including reproducing any third party product content and reviews, for republication in any format or media; or navigational structure or presentation of the Platform or its content elsewhere;

(c) conduct data mining or scraping activities, unless an exception applies under applicable law; and

(d) disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Platform or any software or services made available on or through the Platform;

3.1.13 You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Scratchbac or to disrupt the natural functions of the Platform;

3.1.14 You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes;

3.1.15 You will not use the Platform to cause nuisance or behave in an inappropriate or disrespectful manner towards Scratchbac or any third party;

3.1.16 You agree that the Service is provided on a reasonable effort basis;

3.1.17 You agree that your use of the Service will be subject to the Scratchbac Policies as may be amended from time to time;

3.1.18 You agree to assist Scratchbac with any internal or external investigations as may be required by Scratchbac in complying with any prevailing laws or regulations in place;

3.1.19 You provide us the phone numbers of Scratchbac users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorised to provide us with such numbers to enhance the Service/Platform for your use or such other purpose as we may communicate to you before or at the point of provision;

3.1.20 You are aware that when requesting Solutions by SMS or by using the Service or accessing the Platform, standard telecommunication charges will apply;

3.1.21 You agree that Scratchbac may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account; and

3.1.22 You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Scratchbac or any other party as a result of your breach of this Agreement.

3.2 If you are a Partner, you further represent, warrant and undertake that:

3.2.1.You possess all the appropriate licenses, approvals, permits, consents, authority and mandatory insurance policies related to or in connection with your provision of the Solution(s) in the jurisdiction in which you use the Service;

3.2.2 If applicable, you own, or have the legal right and authority to operate, and you have all appropriate licences and approvals in respect of, any vehicle, equipment, premises or any other matter or thing which is involved or used in the course of your provision of the Solution(s);

3.2.3 If applicable, you have a valid policy/ies of liability insurance (in industry-standard coverage amounts) in connection with your provision of the Solution(s);

3.2.4 You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the Solution(s) provided by you;

3.2.5 You shall obey all local laws related to your provision of the Solution(s) and will be solely responsible for any violations of such local laws;

3.2.6 You shall not contact Consumers for purposes other than in connection with the Service;

3.2.7 You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any Consumers, including without limitation any user account not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Platform;

3.2.8 You are aware that when responding to Consumers, standard telecommunication charges may apply which shall be solely borne by you;

3.2.9 If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;

3.2.10 You agree that you are forbidden from giving out coupons and suggesting any other form of discounts to the Consumers. You are strictly forbidden to use the Service and Platform for other purposes such as but not limited to data mining of Scratchbac’s information or information related to the Platform or the Service, unless an exception applies under applicable law. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Scratchbac reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service/Platform other than for the purpose for which it is intended to be used; and

3.2.11 Without prejudice to any other provisions, information which you have submitted to us for your registration as a Partner on the Platform, which may include your personal data as described in the Privacy Notice, may be linked to the account on the Platform or otherwise be temporarily displayed in the course of the Services on the Platform. You hereby give your consent to such use of information for the purposes of the Solutions, and to facilitate your use of the Platform. Your use of the Platform or any part thereof may be monitored by us or a third party service provider to provide you with information on your business and account as well as better services. You further agree that any personal data you receive via the Platform or otherwise in connection with the Solutions shall only be used for the direct and specific purpose for which you are originally provided the personal data, and such personal data shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a Consumer via the Platform for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.

3.3 If you are a Consumer, you further represent, warrant and undertake that :

3.3.1 Your use of the Service and Platform is, unless otherwise allowed by Scratchbac, for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Minor”), in which case you shall assume primary responsibility of the Minor;

3.3.2 You shall not contact the Partner for purposes other than the Service; and

3.3.3 You shall not intentionally or unintentionally cause or attempt to cause damage to the Partner or any property of the Partner.

4. Compatibility

Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Platform or part(s) thereof. While we continuously develop the Platform in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Platform is likely to be accessed from, we do not warrant compatibility of the Platform with specific mobile devices or other hardware.

5. License Grant and Restrictions

5.1 Scratchbac and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Platform to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Scratchbac and its licensors.

5.2 You shall not:

5.2.1 post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or

5.2.2 remove any copyright, trademark or other proprietary rights notices contained on the Platform.

6. Complaints

6.1 Any complaints between Partners and User OR Consumers must be taken up with each other directly.

7. Intellectual Property Ownership

7.1 Scratchbac and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service and/or any Solution. The Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service and/or the Platform, or any intellectual property rights owned by Scratchbac and/or its licensors. Scratchbac’s name, Scratchbac’s logo, the Service, the Platform and any third parties’ logos and the product names associated with the Software and/or the Platform are trademarks of Scratchbac or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term “Platform” shall include its respective components, processes and design in its entirety.

8. Confidentiality

8.1 You shall maintain in confidence all information and data relating to Scratchbac, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Scratchbac (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Scratchbac, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Scratchbac’s prior written consent, disclose such information to any third party nor use it for any other purpose.

8.2 The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

8.2.1 was at the time of receipt already in your possession;

8.2.2 is, or becomes in the future, public knowledge through no fault or omission on your part;

8.2.3 was received from a third party having the right to disclose it; or

8.2.4 is required to be disclosed by law.

9. Data Privacy and Personal Data Protection Policy

9.1 Scratchbac collects and processes your Personal Data in accordance with its Privacy Notice. The Privacy Notice applies to all of Scratchbac’s Services and its terms are made a part of this Agreement by this reference.

9.2 Where applicable, you agree and consent to Scratchbac, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Notice.

9.3 You acknowledge that Scratchbac may disclose Personal Data of other individuals to you in the course of your use of Scratchbac’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Scratchbac, and not for any other unauthorized purposes.

10. Third Party Interactions

10.1 During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform. Any such communication or agreement is strictly between you and the applicable third party and Scratchbac and its licensors shall have no liability or obligation for any such communication or agreement. Neither Scratchbac nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform, and in no event shall Scratchbac, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third parties. Certain third parties may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and Scratchbac is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third parties. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. Scratchbac is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.

10.2 Scratchbac may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Notice for instructions to unsubscribe or update your privacy settings.

10.3 You agree and allow Scratchbac to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service, Platform and/or advertising or marketing material supplied by third parties through the Service.

10.4 We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

10.5 Save for factual, truthful and not misleading references through a plain text link to or URL(s) which Scratchbac may specifically provide you with, any linking to the Platform or any part thereof is strictly prohibited in the absence of prior approval by Scratchbac. Notwithstanding any other provisions, any website, software, platform or other device that links to the Platform or any part thereof is prohibited from (a) replicating any Platform Content, (b) using a browser or border environment around the Platform Content, (c) implying in any fashion that Scratchbac is endorsing it or its products or services, (d) misrepresenting any state of facts, including its relationship with Scratchbac, (e) presenting false information about products or services of Scratchbac, and (f) using any logo or mark of Scratchbac without prior written approval from Scratchbac.

11. Indemnification

11.1 By agreeing to the Terms of Service upon using the Service or accessing the Platform, you agree that you shall indemnify and hold Scratchbac, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform and/or any part thereof in your dealings with the Partners or Consumers (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Service, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Partners or Consumers arranged via the Service, or (d) your use or misuse of the Service, the Platform and/or any part thereof, or (e) where applicable, your ownership, use or operation of any property, including your provision of Solutions to Consumers via the Service.

12. Disclaimer of Warranties

12.1 Scratchbac makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. Scratchbac does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Platform will meet your requirements or expectations. The Service and the Platform are provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.

12.2 Scratchbac makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Partners or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Partners and shall have no recourse to Scratchbac in respect of the same.

12.3 Where applicable, Scratchbac’s role as collection agent is solely mechanical and administrative in nature and Scratchbac does not owe to you a duty of care or any fiduciary duties.

13. Internet Delays


14. Notice

14.1 Scratchbac may give notice through the Platform, electronic mail to your email address in the records of Scratchbac, or by written communication sent by registered mail or pre-paid post to your address in the records of Scratchbac. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Scratchbac (such notice shall be deemed given when received by Scratchbac) by letter sent by courier or registered mail to Scratchbac using the contact details as provided in the Platform.

15. Assignment

15.1 Unless otherwise stated herein, these Terms of Service as modified from time to time may not be assigned by you without the prior written approval of Scratchbac but may be assigned without your consent by Scratchbac. Any purported assignment by you in violation of this section shall be void.

16. Dispute Resolution

16.1 These Terms of Service shall be governed by Singapore law, without regard to the choice or conflicts of law provisions of any jurisdiction.

16.2 Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Service (“Disputes“) or the Service shall be referred to the Singapore International Arbitration Centre (“SIAC”), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Scratchbac (the “Arbitrator”). If you and Scratchbac are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by you and Scratchbac, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

16.3 Notwithstanding the above, if you are a Partner, you may choose to submit a Dispute for mediation at the Singapore Mediation Centre and/or Small Claims Tribunal, subject to their respective rules and guidelines.

17. Relationship

17.1 Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise with Scratchbac.

18. Severability

18.1 If any provision of the Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

19. No Waiver

19.1 The failure of Scratchbac to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision.

20. Entire Agreement

20.1 This Agreement comprises the entire agreement between you and Scratchbac in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions, save where mutually agreed otherwise. For the avoidance of doubt, where you have entered into a separate written agreement with Scratchbac which incorporates a reference to these Terms of Service, these Terms of Service shall be applicable in addition to the said written agreement. In the event there are inconsistencies between these Terms of Service and the separate written agreement, you agree to work with Scratchbac in good faith to resolve the conflicts or inconsistencies. Certain services made available on the Platform may be subject to additional terms and conditions, which will be communicated to you.

21. Suspension and Termination; Modification of Platform Content

21.1 You agree that we may do any of the following, at any time, without notice:

(i) modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform (including access to your account and/or the availability of any products or services), for any reason;

(ii) modify or change any applicable policies or terms; and

(iii) interrupt the operation of the Platform or any portion of the Platform (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.

We shall not be required to compensate you for any modification, suspension or termination.

21.2 Without prejudice to any other provisions, we may vary, modify or remove Platform Content without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the event any Platform Content contains any typographical errors, inaccuracies, omissions or otherwise violates Scratchbac Policies, we reserve the right to (but shall not be obliged to, save to the extent where mandated by applicable laws) carry out any such measures as Scratchbac deems appropriate (collectively, “Rectification Measure”) including without limitation (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) where applicable, canceling the affected orders at any time without prior notice (including without limitation after an order has been submitted).

22. No Third Party Rights


22.1 Except for the parties who are indemnified pursuant to the indemnification provisions set out herein, this Agreement does not give rights to any third parties who are not party to this Agreement.

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