BY ACCEPTING THESE TERMS AND CONDITIONS OF USE EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY CLICKING THE ACCEPT BUTTON, OR BY EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS, YOU REPRESENT THAT YOU AGREE WITH THESE TERMS. WE RESERVE THE RIGHT TO UPDATE, MODIFY, OR CHANGE THESE TERMS AT ANY TIME. PLEASE REVIEW THESE TERMS REGULARLY TO ENSURE YOU UNDERSTAND THEM.
1.1 "Cinch" "We," "Us" or "Our" means Cinch Financial Pte. Ltd. and Our controlled affiliates (as applicable).
1.2 “Your Information” means any data and information, which may include personal information, that You submit to Cinch in the course of obtaining, accessing, or using the Services or the Products, or otherwise collected by or on behalf of Cinch from or about You. Collection and use of Your Information is governed by the terms set forth in the Privacy Policy. “Privacy Policy” means Cinch’s privacy policy available at https://cinch.sg/privacy-policy which may be updated by Cinch in its sole discretion from time to time.
1.3 “Device Management Information” means hardware and device identification (such as IMEI, serial number, model name), operating system, SIM card/mobile number installed, internet connectivity, session data, cookie data and other device usage or management related information.
1.4 “Security Features” means those technical features installed or embedded in a Product that enable payment notifications, or detect or prevent fraud, theft, loss, financial default (e.g. missed, late or overdue payments), malicious or unauthorized use, and/or any other breach by a user of a Product (collectively, “Unauthorized Use”) through enabling a wide range of device restrictions, which may include, but are not limited to, device lock-downs options, blocking unauthorized firmware or binary editing, secure device identifier technology, network bypass-proof restrictions, restricting malicious VPN/proxy usage, and other features that prevent the alteration, destruction, inhibition, damage, interruption, interference with, or that otherwise affect the operation of, the Services or Products or another’s computer or mobile device.
1.5 “Fee/s” means the total amount due each month of an active Rental Period, for each Product and is exclusive of all taxes or shipping costs.
1.6 “Guarantor” means the individual You elected to add as a guarantor in Your User Account for the purpose of guaranteeing Your financial obligations under these Terms.
1.7 “Order Confirmation” means the formal email confirmation of Your offer to Cinch, which includes the applicable Fees. This is the Order Confirmation representing a binding contract between You and Cinch.
1.8 “Product/s” means the items offered by Cinch to rent to You, as made available on the Site and updated from time to time.
1.9 “Rental Period” means the period of time You have selected to rent a specific Product for, as stated in Your Order Confirmation. The Rental Period begins upon the receipt of the Product(s) by You and will expire at the end of the rental period for which you have fully paid, unless terminated earlier pursuant to the terms hereof.
1.10 "Service" means this Site and any and all content, software, data, information and materials contained therein, the transactions completed thereon, and any services Cinch provides to you for your rental of the Products.
1.11 “Site” means https://cinch.sg/ and/or https://samsung.cinch.sg
1.12 "Third Party Content" means certain third-party content, tools, features, analysis, materials, sites, services or advertisements which Cinch makes available on or through this Service, or to which Cinch links on any Sites. Cinch is not responsible for any Third Party Content.
1.13 “Terms” means, collectively, these terms and conditions, the Privacy Policy and any additional policies and terms as may be made available by us to You, which may be updated by Cinch from time to time.
1.14 "You" or "Your" means the individual who accesses or uses the Services.
1.15 “User Account” means the personal account You registered on the Site through which You may place an offer for a Product rental.
1.16 "Mobile Device Management (MDM)" means software installed on the Products that allows Cinch, as the license owner and primary administrator of such software, to remotely manage and control certain device functions to protect against fraud theft, and other Unauthorized Use, and enables Cinch to configure, deploy, and manage devices and perform actions including, but not limited to:
1. Remotely lock or unlock device
2. Erase data and settings
3. Install and remove applications and data
4. Access device information and status
5. Enforce security policies and restrictions
1.17 "Authorized Agent" means any third-party entity or individual authorized by Cinch to act on its behalf for the purposes of recovering Products or otherwise enforcing against any unauthorized dealings of the Products, including but not limited to mobile shops and electronics stores that have entered into an agreement with Cinch for the aforementioned purposes.
1.18 "Administrator" means Cinch acting in the capacity of managing, monitoring, and controlling the Mobile Device Management (MDM) software on the Products. This role includes actions taken to provide value-added device management services including but not limited to:
(i) theft and unauthorized access protection;
(ii) remote device management and troubleshooting for customer support;
(iii) malware and cyber-security protection,
(iv) application, account, and device policy management,
(v) personalized services (e.g. elderly care)
2.1 Terms. All terms and conditions on this Site, including the Privacy Policy, are incorporated into these Terms by reference. These Terms set forth the entire, final and exclusive agreement between Cinch and You with respect to Your use of, and access to, the Service and Product(s), and supersedes all previous oral and written terms, representations, or understandings concerning Your use of, and access to, this Service. Your use of the Site, including the creation of a User Account, constitutes acceptance of the Terms. Cinch will not provide any services or provide any benefit to You to the extent that their provisioning would violate applicable law or expose Cinch to any applicable economic sanctions, laws or regulations.
2.2 User Account; Set Up. To use the Service, You must register for and maintain an active User Account, which requires a valid debit or credit card, as well as other requested information. The Information you provide must be true, accurate, complete and updated as needed. Each User Account is personal to the registered individual only and You are responsible for all activity that occurs through it. The parties agree that these Terms may be electronically signed. Electronic signatures or symbols will be the same as handwritten signatures for the purposes of validity, enforceability and admissibility.
2.3 Your and Your Guarantor’s Information. As part of Your use of the Services (e.g. to place a rental order), You will be required to submit certain information, such as your personal information, income information, and payment information. If You elect to add a Guarantor in your User Account to provide financial guarantee for Your rental of a Product, You will also be required to submit certain personal information about the Guarantor (such as first name, last name, email address, phone number, and income information) in your User Account. By providing any of your Guarantor’s information, you hereby represent and warrant that you have obtained the valid and adequate consent from your Guarantor to disclose his/her information to us, and to authorize us to contact your Guarantor in connection with your rental, and you agree that you will facilitate the process for Cinch to obtain the necessary consent from your Guarantor for providing the financial guarantee for You. The collection and use of any information submitted in connection with the Services, including for marketing and other communications, is subject to the Privacy Policy. As specified therein, We have the right to provide information about You or Your various account details (like billing, account content, or use records and related information) if required by law (which may include mandatory data sharing with governments), to protect Our rights or business, to share with our business partners as further described in the Privacy Policy, and/or as otherwise permitted under the Privacy Policy.
2.4. Consent to Communications; Opt-out. By providing your phone number, you consent to receiving calls, texts, and similar messages from Cinch or its suppliers or service providers. Standard voice and data rates may apply and Cinch is not responsible for any charges to you for these messages. You may opt-out from receiving these messages at any time by sending us an email or a message with a request to opt-out.
2.5 Consent to Device Management. As part of the financing/payment plans made available by Cinch to you for the rental of the Products, you acknowledge and agree that Cinch (and/or its Third Party Partners) has the right to install, embed, or use certain Security Features, which may include Mobile Device Management (MDM) software, on the Products. You hereby appoint Cinch as the Administrator of Mobile Device Management software on the Products, granting Cinch the authority to manage, monitor, and control these features to protect against Unauthorized Use and provide value-added device management services as described in Section 1.18.
As part of Your use of the Products and our provision of the Services, you agree to Cinch’s (including its Third Party Partners) right to utilize such Security Features to collect and process technical, usage, and device management related information about the Products, which may include Device Management Information. For any Device Management Information reported through your Product, Cinch (including its Third Party Partners) may disable, suspend, lock down, remotely control, or take other measures as it deems necessary with respect to the Product if Cinch (including its Third Party Partners) reasonably suspects any Unauthorized Use with respect to the Product. Unless otherwise expressly permitted by Us in writing, You shall not:
(i) access or use any code, software, hardware or programs that block the functionality of Security Features;
(ii) attempt to disable, reverse engineer, disassemble, redistribute, modify, copy or circumvent any technological mechanisms or measures intended to prevent, limit or control use of any Products (including in order to gain access to any Security Features), including the MDM software installed on the Products.
3.1 Rental Program. Cinch may offer various financing/payment plans for You to rent various Products made available on its Site (or its partners’ websites where these Terms are referenced) from time to time (the “Rental Program”).
3.2 Eligibility to Participate in the Rental Program. Eligible applicants for the Program are those who meet the following qualifications, subject to Cinch’s sole discretion:
a. Must be at least 18 years of age at the date of order submission;
b. Must have the Original ID card or any other form of government issued identification for “Know Your Customer” and/or other identification verification purposes;
c. Must have a valid email address;
d. Must have an active telephone number to register a User Account for the Rental Program;
e. If indicated so during the ordering process, each applicant is limited to a maximum number of application for the Rental Program per loan application. Restrictions will apply until the applicant completes the installment payment, unless revised in Cinch’s sole discretion.
3.3 Third Party Terms. You acknowledge and agree that while the Rental Program is carried out by Cinch, the Products are provided by third party manufacturers and suppliers with whom Cinch has a collaboration relationship (e.g. Samsung) and the financing facilities are provided by financial partner(s) of Cinch, and therefore the Rental Program and your right to the Products are subject to additional terms, conditions, and restrictions imposed by such third party manufacturers, suppliers, and partners (“Third Party Partners”) and the availabilities of the Products under the Rental Program is subject to limitations imposed by the Third Party Partners.
Cinch does not make any representations or warranties with respect to any Third Party Partners nor their products or services and shall not be responsible for any services or products offered by any Third Party Partners, nor their acts or omissions, nor the availability or operation of their services or products, except as expressly warranted or committed by Cinch to You in writing. You are solely responsible for complying with any applicable terms or conditions imposed by the Third Party Partners. Any exchange of data or other interaction between You and any Third Party Partner is solely between You and such Third Party Partner and is governed by such Third Party Partner’s terms and conditions.
3.4 Consent for Communications. By enrolling in the Rental Program, You hereby consent and give permission to be contacted by Cinch, the Third Party Partners, and its and their affiliates, via email, telephone, or SMS both during the Rental Program and afterwards in connection with the operation and management of the Rental Program, unless and until You have opted out from such communications pursuant to the Privacy Policy and the applicable privacy policy from the Third Party Partners.
4.1 Cinch Intellectual Property Rights. As between Cinch and You, You own and retain all Your right, title and interest in Your Information that You submit through this Service or otherwise provided to Cinch, subject to a license granted by You to Cinch to use, disclose, process, and otherwise exploit Your Information pursuant to the Terms and the Privacy Policy. Cinch owns and reserves all right, title and interest in and to the Service, including all intellectual property rights subsisting therein and related thereto. We grant no rights to You hereunder other than as expressly set forth below. This Service and all materials and information published thereon is protected by Singapore and foreign copyright and other intellectual property laws. All Our trademarks, brand names and service marks are the property of Cinch. Cinch’s trademarks and brand names may not be used in any form without the prior written consent of Cinch, and any use shall be subject to Cinch’s then-current policies and requirements. All other trademarks, services marks, logos, designs and brand names not owned by Cinch that appear on this Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cinch. Using Our Services does not give You ownership of any intellectual property rights in Our Services or any content You access, and except for the limited license granted to You, all rights therein (including all intellectual property) belong to Us or Our licensors. You may not use content from Our Services without Our express prior permission or as otherwise permitted by law. You agree to protect the proprietary rights of Cinch and to comply with all reasonable written requests made by Cinch or its third party licensors to protect their and others’ rights in the Site and materials and content made available on or through the Service.
4.2 Limited License to use Services and Products.
For individuals: Subject to these Terms (including your timely payment of all applicable fees), We grant You a limited term, non-exclusive, non-sublicensable, revocable, non-transferable (except as provided for herein) license to access and use the Service and the Product pursuant to the terms and conditions of the Rental Program. Such rights are for your personal, non-commercial use only. Any rights not expressly granted herein are reserved by us and our licensors.
For corporate entities: Subject to these Terms (including insurance requirements in Section 8), We grant You a limited term, non-exclusive, non-sublicensable, revocable, license to access and use the Service and the Product pursuant to the terms and conditions of the Rental Program. Any rights not expressly granted herein are reserved by Us and Our licensors.
You acknowledge that Products rented through Cinch may have Security Features, including MDM software installed, and you consent to Cinch’s use of Security Features including MDM as described in these Terms and you agree that you may be subject to additional terms, conditions, and restrictions imposed by Cinch’s Third Party Providers that provide the applicable Security Features and MDM software.
4.3 Third-Party Content. Third Party Content is not maintained or controlled by Cinch, and as a matter of policy, Cinch does not independently verify, pre-screen or monitor any such Third-Party Content. We are not responsible for the availability, security, content, completeness, adequacy, utility or accuracy of such Third Party Content. Certain Third-Party Content is subject to additional specific terms and conditions which can be found in applicable areas of the Site and/or these Terms. You acknowledge and agree that Your use of such Third-Party Content is subject to all these terms. Service features that interoperate with Third Party Content depend on the continuing availability of such third-party services, and if those relevant third-party providers cease to make the services or materials available on reasonable terms for the Services, We may cease providing such interoperability features. Third- Party Content is controlled by the associated third-party provider, who may have different terms of use and privacy policies. It is your responsibility to verify Your compliance with, and acceptance of, those terms.
4.4 Ownership of Products. You acknowledge that all Products rented through Cinch remain the property of Cinch throughout the Rental Period. Title to each rented Product remains with Cinch unless you exercise the Purchase Option as outlined in Section 5.8. You have no right to sell, transfer, or otherwise dispose of the Product, except as expressly permitted by Cinch in writing.
5.1 Order Submission. Cinch makes a range of Products from its Third Party Partners available for rent to You through the Site. These can only be rented through an active User Account. An order containing selected Product and Rental Period is submitted to Cinch when “place order” is affirmatively selected by You. This offer, which displays the associated Fees, is only deemed accepted by Cinch upon Your receipt of the Product.
5.2 DISCLAIMER. PRODUCTS DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. Cinch reserves the right to change its prices for future subscriptions as part of the Rental Program and/or Our billing methods, effective going forward, upon posting on the Site or by email notice to you.
5.3 Order Acceptance Policy. Your receipt of an Order Confirmation does not signify Our acceptance of Your order, nor does it constitute confirmation of an offer from Us. Cinch reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. Cinch further reserves the right any time after receipt of Your order, without prior notice to You, to supply less than the quantity You ordered of any item. As part of the order approval process, We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, You agree that, if We cancel all or a portion of Your rental, prior to Your receipt of the Product, Your sole and exclusive remedy is either that: (a) We will issue a credit to Your payment method for the amount charged for the canceled portion or the quantity not provided (if Your payment method was charged upon the submission of the order); or (b) We will not charge Your payment method for the canceled portion of the order or the quantity not provided. A cancellation or change of an order done by Cinch will be communicated via email, phone call, WhatsApp, or Your User Account.
5.4 Title. Title to each rented Product remains with Us during the Rental Period. If You elect to purchase the rented Product, via the Purchase Option (as defined below) or if We charge You the buyout price in accordance with Sections 5.8 (Purchase Option) and 6 (Payment), title to the rented Product will pass to You when We charge You the buyout price.
5.5 Dispatch; Delivery. Subject to Your timely payment of applicable fees and after our receipt of the Product from our Third Party Partner(s), the Product will be dispatched to You. You are not charged for the time between placement of the order and receipt of the Product; Your Rental Period begins from the date of Your receipt of the Product. Each month of Your Rental Period is paid in advance, chargeable on the same recurring date each month during the Rental Period, following Your receipt of Your Product. For the sake of clarity, the risk of loss passes to You upon Our delivery of the item to the carrier (both for the initial shipment and for any return shipments from Us to You). For returns from You to Us, risk of loss passes to Us upon our receipt of the rented Product from the carrier.
5.6 Rental Periods. You may select one of two Rental Period options:
5.6.1 Fixed Subscription: The rental is for a specified number of months. Thirty days prior to the expiration of the term, the parties may terminate the contract for convenience in writing, in accordance with this section, and by returning the Product at the end of the Fixed Subscription; otherwise, the contract will automatically be converted to a Pay-as-You-go Rental Period, until terminated by You, or until the Purchase Option is selected. Renewal of Fixed Subscription: If You wish to renew the Fixed Submission, You can submit such an offer to renew by clicking on the button “Change Rental Terms”. Upon successful completion of the renewal request, You will receive an email from Cinch confirming the renewal. The new Rental Period starts with the next due monthly payment upon your receipt of an email confirming the renewal of the Fixed Subscription.
5.6.2 Pay-as-You-go: The Pay-as-You-go Rental Period is for an indefinite number of months, until either party terminates the contract with a thirty days’ prior notice, for whatever reason. Such termination shall take effect in the following month. Renewal of Pay-as-You-go: Renewals are automatic until cancellation is made by either party.
5.7 Vouchers, Discounts and Other Promotions. From time-to-time Cinch may offer various vouchers, discounts, loyalty programmes or other promotions. Your use of any such voucher, discount, or promotion may be subject to additional restrictions.
5.8 Purchase Option. In some instances, during Your Rental Period, You may have the option to purchase the Product for a buyout price (the “Purchase Option”). For individuals, the buyout price and associated conditions are listed in your Order Confirmation (that can be found in your User Account). The purchase price is a gross price including any added taxes as applicable at the time of the order. If You affirmatively exercise the Purchase Option, You will be required to pay the purchase price as listed, which will be calculated as the market price less the rent paid by You until you exercise the Purchase Option. For business or corporate customers, the Purchase Option will be made available by Cinch on a case-by-case basis. Please notice that possible vouchers, discount codes, loyalty programmes or similar credits or reductions are only deducted from monthly rents but not from the purchase price. For the avoidance of doubt, You are not entitled to return the Product following your purchase with the Purchase Option, as this sale is final.
5.9 Termination of Rental Period.
5.9.1 By You. If You are not fully satisfied with a rental from the Site, You may return the Product in its original packaging within three (3) calendar days of delivery of the Product to You for a full refund. For products received without original packaging or damaged packaging, a penalty of SGD 50 will be imposed and charged to your Debit/Credit card. For avoidance of doubts, all purchases made pursuant to the Purchase Option are final, non-returnable and non-refundable.
5.9.2 By Cinch. Cinch is entitled to automatic termination where You have defaulted on payment for more than two months. If You have rented several Products and You are delinquent or have breached the Terms for one Product, Cinch reserves the right to unilaterally terminate the remaining Rental Period. A non-exhaustive list of actions that could trigger termination by Cinch includes
(i) willfully damaging a Product, including tampering or modifying the Product in any way;
(ii) a breach of these Terms; transferring the Product to an unaffiliated third-party; attempting to or repairing the Product;
(iii) using a rented Product to commit a criminal offense;
(iv) or Your failure to pay the Fees due.
5.10 Cancellation Process. You may terminate Your Rental Period by reaching out to Cinch. The termination becomes effective upon receipt of the Product(s) by Cinch. If You terminate Your Fixed Subscription before the last month of the Fixed Subscription You will be responsible for, and Your credit card or third-party payment account may be charged for, the payment of the cancellation fee of SGD 250. If You terminate Your Fixed Subscription during the last month of Your Fixed Subscription, You will not be responsible for the payment of the cancellation fee of SGD 250. When You terminate Your Fixed Subscription, You are responsible to return the Product, and all accessories within five (5) working days, unless otherwise agreed upon in writing by Cinch. If you do not return the Product within five (5) working days, Your Fixed Subscription will be converted into a Pay-as-You-go Rental Period, considered to start on the day following the final day of your Fixed Subscription if you are terminating Your Fixed Subscription during its last month. If you have terminated your Fixed Subscription prior to the last month of Your Fixed Subscription and do not return the product within five (5) working days, your Fixed Subscription will be automatically converted into a Pay-as-You-go Rental Period, considered to start the day following the final day that has been covered by Your monthly payments (excluding the Early Termination Fee). For the Pay-as-You-go Rental Period, Your credit card or third-party payment account will be charged at the same monthly rate as your Fixed Subscription. If Cinch terminates your Rental Period, You are obliged to return the Products, including all accessories, to Cinch within five (5) working days. If Cinch has charged Your payment method prior to either party’s cancellation, We will issue a credit to Your User Account in the amount of the charge.
5.11 Return Process. It is Your responsibility to return the Product in the condition in which You received it, including the original packaging and accessories of the Product, subject to Section 6.3 below; in particular, please remove password protection, Your personal account (if linked) or any other impediments that excludes or impairs Cinch's access. If a Product is returned without the original packaging or accessories, we will charge you a repackaging fee of SGD 50. In the case of products that are able to be restored to factory settings without unlocking, such as Apple products, if You do not restore Your Product to factory settings prior to returning it to us, we will not bill You for the month but will charge You a reset fee of SGD 50. If the Product can not be restored to factory settings by us, and needs Your personal login information, we will continue billing You on a Pay-as-You-go basis until the issue is resolved. Our customer service team will contact You, and arrange for a delivery and pickup to allow you to reset the device.
Failure to return the Products may result in legal steps being taken against You to recover the Products or compensate Us for the loss of or damage to the Products. These steps may include:
(i) Reporting to third party credit reference agencies which could adversely affect your credit records, which may make it more difficult or more expensive to obtain credit in the future, and/or
(ii) Taking legal action through courts and the appointment of representatives to collect any sums awarded to us. You're fully responsible for any fees paid or payable by us to third party service providers (e.g. debt collection agency) due to your failure to comply with these requirements on product return.
6.1 Process. All payments for rented Products must be made by debit or credit card or such other payment methods as may be introduced from time to time, through Your User Account. We may put a temporary hold on Your debit/credit card account to verify Your payment information is still valid and/or to verify Your debit/credit card has the necessary funds to cover the Fees. Pre- authorization is not a charge to Your account, it is a hold on those funds. You should contact Your bank or card issuer if You have questions about when a pre-authorization amount will be removed from Your statement. By submitting billing information to Us, You hereby agree that You authorize Our payment processors to charge Your account at Our convenience but within thirty (30) days of the Order Confirmation or any recurring billing cycles. If the billing information is from or provided by or for Your Guarantor, You represent and warrant that you have obtained valid and adequate consent from Your Guarantor to authorize Us (and Our payment processors) to charge Your Guarantor’s account at Our convenience or as indicated in the billing information in Your User Account. For each Product rental made on the Site, You agree to pay the price applicable (including any sales taxes, surcharges and any delivery fees for the delivery service You select, if any) for the duration of Your Rental Period, as of the date of the Order Confirmation. Fees will be charged to a payment method in Your User Account. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services and the Products, provided that We may, in its sole discretion, do any of the foregoing on your behalf or for Us as We see fit. We will automatically charge and withhold the applicable taxes as required by law. All payments to Us are made through third-party payment processors.
6.2 Declined Payment. If the payment processing fails or the payment is declined for any reason, and You do not update Your information, You authorize Us to continue billing Your payment method continuously pursuant to the predetermined parameters set by the applicable payment processor until processed. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. For the first payment of any Rental Period, if Your payment is declined, Your order will be automatically canceled, and You should submit another offer using a valid payment method. If Cinch does not receive payment, You agree to pay all amounts due upon demand by Cinch or its agents and You will remain liable for all such uncollected amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, reasonable attorneys’ fees, and arbitration or court costs.
6.3 Late Payment Penalty. If You fail to pay the Fees for the Product by the relevant due date (i.e. same recurring date each month during the Rental Period following the receipt of Your Product), You will be charged a late payment fee of SGD 15 for each late payment and Cinch reserves the right to notify any licensed credit bureau in Singapore (including but not limited to Experian Credit Bureau Singapore Pte. Ltd.) of such default in payment or late payment. We also reserve the right to suspend your User Account until your entire overdue amount, including the Fees and any late payment fees, are paid in full.
6.4 Credit Information. You hereby acknowledge and agree that Cinch may, from time to time, request from you or obtain your credit reports or your credit score from any licensed credit bureau in Singapore. You acknowledge that based on the results of your credit report or credit score, Cinch may, in its sole discretion, accept or refuse your payment method, depending on but not limited to your repayment history, credit behavior, and status of the first payment under Your Rental Program. You authorize Cinch to disclose any information regarding your User Account or payment history to any licensed credit bureau in Singapore, or any other entity accredited by the Monetary Authority of Singapore. You agree that Cinch has the right, in its sole discretion, to notify any licensed credit bureau in Singapore of your delay or inability to pay the Fees and any late payment fees.
6.5 Delinquent Accounts. In certain instances, we may send Your overdue payments (Fees) to a debt collections agency: for all unpaid and/or past due Fees for a Rental Period. Additionally, should You fail to return a Product following expiration of Your Rental Period, Your outstanding balance, if any, and the full market value of the Product will be transferred to a debt collections agency. You will be fully liable for any Fees and expenses related to the debt collection agency (inclusive of recovery administrative costs).
6.6 Legal Authorization; Discrepancies. You agree that You will not use any credit card or other form of payment unless You have all necessary legal authorization to do so. You agree to pay all fees and charges incurred in connection with Your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless You notify Cinch of any discrepancies within forty-five (45) days after they first appear on Your credit card statement, You agree that they are deemed accepted by You for all purposes.
6.7 Guaranty by Guarantor. In the event you add a Guarantor for your payment obligations hereunder, such Guarantor hereby absolutely, unconditionally and irrevocably guarantees, as a primary obligor and not merely as a surety:
(i) the full and prompt payment of all Fees, sums and charges of every type and nature payable by You under these Terms, and
(ii) the full, timely and complete performance of all covenants, terms, conditions, obligations and agreements related to Your financial obligations under these Terms (all of the obligations described in clauses (i) and (ii), collectively, the “Obligations”). If a Default (as defined under Section 14 hereof) occurs under the Terms, Guarantor will, without notice or demand, promptly pay and perform all of the Obligations, and pay to Cinch, when and as due, all Fees payable by You under these Terms, together with all damages, costs and expenses to which Cinch is entitled pursuant to any or all of the Terms, the guaranty hereunder, and applicable Laws. Guarantor agrees with Cinch that
(i) any action, suit or proceeding of any kind or nature whatsoever (an “Action”) commenced by Cinch against Guarantor to collect Fees, sums and charges due under the Terms for any month or months shall not prejudice in any way Cinch’s rights to collect any such amounts due for any subsequent month or months throughout the Term in any subsequent Action,
(ii) Cinch may, at its option, without prior notice or demand, join Guarantor in any Action against User in connection with or based upon either or both of the Terms and any of the Obligations,
(iii) Cinch may seek and obtain recovery against Guarantor in any independent Action against Guarantor without Cinch first asserting, prosecuting, or exhausting any remedy or claim against You under the Terms, and (iv) Guarantor will be conclusively bound by a judgment entered in any Action in favor of Cinch against You, as if Guarantor were a party to such Action, irrespective of whether or not Guarantor is entered as a party or participates in such Action. Any default or failure by the Guarantor to perform any of its Obligations under the guaranty hereunder shall be deemed an immediate Default under the Terms. The foregoing commitments by the Guarantor are referenced hereunder as the “Guaranty.”
7.1 Account Limitation. You acknowledge and agree that Your User Account is for individual use only. You shall not disclose or share any ID(s) or password(s) Used to access this Service and/or Your User Account, and You acknowledge You are responsible for all activity that occurs under Your ID(s) and password(s). You agree to notify Cinch in writing upon becoming aware of any unauthorized access or Use of Your User Account by any unaffiliated party. During the Rental Period, You are prohibited from assigning the use of the Products to a third party without the prior written consent of Cinch; in particular, You may not sell, attempt to repair or repair, give away, rent or loan the Products. If you sell, give away, rent or loan the Products, you are liable to pay Cinch 100% of the retail price of the Product. If you repair or attempt to repair, you are liable for any costs that Cinch may incur in bringing such Product to a working condition again. For commercial or business customers, the foregoing limitation may not apply; any custom order form between You and Cinch will control to the extent applicable
7.2 Restrictions of Website and Account Use. In addition, You agree not to:
(i) Use or access the Site for any purpose that is unlawful or prohibited by these Terms, or display, transmit or otherwise make available on or through the Service material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another's privacy or violative of third-party privacy rights;
(ii) Reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by or on the Service;
(iii) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cinch without express written consent;
(iv) Make any commercial or non-fair Use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Cinch or any of Our third party licensors without the express written consent of Cinch;
(v) Use or access the Site in a manner that could damage, disable, overburden, or impair any Cinch server or the networks connected to any Cinch server;
(vi) Interfere with any third party's use and enjoyment of the Service;
(vii) Attempt to gain unauthorized access to the Service, accounts, computer systems, or networks connected to any Cinch server through hacking, password mining, or attempt to bypass any of Our security measures to access the Services, or placing unreasonably large loads on Our Services’ infrastructure;
(viii) Sublicense any license granted in or to materials on the Service (whether or not any of such acts are for commercial gain or advantage);
(ix) (g) Modify, copy, reproduce, republish, post, resell, upload, transmit or distribute any materials or content, or any portion thereof from or linked to the Service, except with the express written consent of Cinch or its third party licensors; and
(x) Access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Services.
(xi) Remove, disable, interfere with, or otherwise circumvent the Security Features, including any Mobile Device Management (MDM) software, installed on any Product provided by Cinch. Any attempt to do so constitutes a breach of these Terms and may result in immediate termination of your Rental Period and enforcement actions as described in Sections 5.9 and 15.
7.3 Restrictions on Product Use. You shall:
(i) have sole responsibility for the legal and appropriate Use of any Products You rent on the Site;
(ii) comply with all applicable laws (including but not limited to export laws, privacy and data protection laws) in Using the Product or the Service; and
(iii) Use the Service solely in accordance with any online User guides or instructions for each Product as made available on or through Your User Account;
(iv) acknowledge and agree that Products rented through Cinch may include Security Features, including MDM software, which allow Cinch to manage and control certain functions of the Products as detailed in Sections 1.16 and 2.5;
(v) cooperate with any security measures or actions taken by Cinch via Security Features (including MDM software) to protect against Unauthorized Use or any other breach of these Terms.
7.4 Security Features and Mobile Device Management (MDM) Software. The following terms and conditions apply to Your use of Product(s) that have Security Features, including Mobile Device Management (MDM) software installed:
- Updates and Communications: You agree to receive and allow the installation of updates to the Security Features and/or MDM software and related services, which may be provided without prior notice and without specific consent. Such updates may include bug fixes, enhanced functions, new software modules, and entirely new versions. You agree to receive such updates (and permit Cinch or its service providers to deliver such updates to you) as part of the Services. Data consumption and additional data charges may result due to such updates.
- Compliance with Instructions: You must comply with all instructions made available to You in connection with the Security Features and/or MDM software.
- No Interference: You must not engage in any activity that causes interference with or disruption to the Security Features, MDM software, the Services or any servers or networks that are connected to the Services.
- No Unauthorized Use: You must not reproduce, duplicate, copy, sell, trade or resell the MDM software or Services (or any part of them).
- Responsibility for Breach: To the extent permitted by law, you are solely responsible for any breach of your obligations under the Terms and other applicable terms, conditions, and restrictions imposed by Third Party Providers, and for the consequences of any such breach, including any loss or damage which Cinch or any third party may suffer. Neither Cinch nor its licensors, service providers, or Third Party Partners will have any responsibility to you or to any third party in respect of such breach.
- Passwords and account security: You are responsible for maintaining the confidentiality of your passwords for all accounts used by you to access the Services. You acknowledge and agree that you are solely responsible for all activities that occur under all such accounts. You must notify Cinch by email to support@cinch.com immediately upon becoming aware of any unauthorized use of any of your passwords or User Accounts.
7.5 Damage and refurbishment. We expect that, other than normal wear and tear, You will return the Product(s) in the same condition in which You received it. If You damage the Product (accidentally or intentionally), You are responsible for the associated costs to refurbish it in accordance with Subsection 7.7 (Cinch Insurance), below. For behavior We reasonably believe to be criminally negligent, We also reserve the right to take any action against You that the law allows, including holding You liable for the value of the Product.
7.6 Accidents or Damage to Products Generally. You must report any significant damage, personal injury or crash (if applicable), or a stolen or lost Product (a “Damage Report”) to Us within forty-eight (48) hours of the accident or incident, or, in the event You are injured, as soon as reasonably practicable following the accident or incident, which must include a brief description of the circumstances and details. Please note you may be requested to return Your Product within a reasonable period of time following the submission of the Damage Report. If an incident involves personal injury or a stolen Product, You must also file a report with the relevant neighborhood police post (in Singapore) within 24 hours of the incident (or, in the event You are injured, as soon as reasonably practicable following the incident).
7.7 Cinch Insurance. For Products experiencing damage beyond normal wear and tear (e.g. technical defects, cracked displays, any water damage, heavy or unusual wear and tear), You will be charged 10% of the refurbishment costs. Cinch Insurance is only valid for Products returned to Cinch for repair; any and all third-party repairs are not allowed.
7.8 Prohibition Against Unauthorized Transfer. You shall not, directly or indirectly:
(i) Sell, attempt to sell, pawn, pledge, lend, or otherwise transfer or dispose of the Product to any third party without the prior written consent of Cinch;
(ii) Enter or otherwise deal with any electronics store, pawnshop, or similar establishment with the intent to or in an effort to sell or attempt to sell the Product; or
(iii) Permit or enable any third party to do any of the foregoing.
Any such action constitutes a breach of these Terms and may result in immediate termination of your Rental Period and enforcement actions as described in Sections 5.9 and 15.
8.1 All individual Users must purchase sufficient insurance if statutorily required in the jurisdiction and for the Product they are renting.
8.2 As a corporate or business User who enters into a contract with Cinch, You must procure and maintain at your organization’s own expense, during, and for a period of two (2) years after the Order Confirmation, an insurance in the amounts specified below.
(i) Insurance policies with insurers currently rated A VII or better by A.M. Best, and includes claims made anywhere in the world.
(ii) Commercial General Liability Insurance: $1M per occurrence; $2M in general aggregate
(iii) Excess Umbrella Liability Insurance: $4M per occurrence and annual aggregate.
(iv) Network Security and Privacy Liability Insurance: $2M per occurrence and annual aggregate.
(v) Technology E&O Liability Insurance: $2M per claim and in the annual aggregate.
9.1 Damages. You are obligated to use the Products carefully, in order to minimize the damages that are to be expected. In the event of any damage or other deterioration of the Product during the Rental Period, you are obligated to inform Cinch immediately in writing of all details of the incident that has led to the damage or other deterioration of the Product. In the case of damages to the Product, you will be liable for the greater of
(i) the then-current market rate of the Product, or
(ii) the actual costs incurred by Cinch to repair, refurbish or replace the Product, subject to the specific terms below.
9.2 Your Liability for Damages. In deviation from the previous paragraph, Your liability, with respect to (and only to) the damages directly arising out of the issues listed below, shall be reduced to 10% of the occurred damage for (and only for) the damage events listed below:
(i) Broken display
(ii) Strong signs of wear and tear
9.3 If one of the damage events listed above occurs, You are obligated to inform Cinch in writing without delay of all details of the incident having led to the damage of the Product and return the Product to Us upon our request. The aforementioned reduction of the liability to 10% can be granted to You only once within a rental period of minimum of 6 months.
9.4 The reduction of Your liability (to 10%) shall not apply in the following damage events:
(i) Cases in which the device is no longer present: robbery, burglary, simple theft, leaving behind, forgetting, misplacing, etc.,
(ii) any damage due to water, and
(iii) Intentional damages.
9.5 The reduction of liability shall not apply in case the Product is lost. In that case, You shall pay the repurchase value of the Product. The rental payments already remitted will not be considered for this. The rent for the month in which the loss was reported to Cinch shall be paid in full.
9.6 Prevention of damage and loss. As a condition of acceptance, You hereby agree that Cinch may implement any mobile device management software application in the Products for the purposes of device management and security (including but not limited to monitoring fraud and delinquency).
10.1 Customers can trade in their old smartphones, tablets and/or smartwatches (each, a “Trade-in Device”) at a value specified by CompAsia Pte. Ltd. (Business Registration No.: 201215376H) (“CompAsia”) through the Cinch Trade-in Program (“Program”).
This Program is operated by CompAsia based on the terms and conditions set out herein (“Terms and Conditions”), and Cinch acts as a communication platform between CompAsia and customers (“Customers”). Cinch shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury which is suffered or sustained, as a result of any persons participating in the Program.
10.1 Eligibility. Customers must have obtained the Trade-in Device by legal means and are not trading in lost or stolen devices. If it is shown that the device was stolen or was not obtained by legal means, CompAsia reserves the right to deliver the device and customer’s personal details to the Singapore Police Force or other governmental authorities, where necessary.
10.2 General Terms and Conditions.
(i) To be eligible for the Program, Customer acknowledges that their Trade-in Device must meet the criteria set out by CompAsia, as set out in 10.4 to these Terms.
(ii) By participating in this Program, Customer fully and unconditionally agrees to and accepts the Terms and Conditions stated herein. Cinch Terms and Conditions are hereby incorporated into these Terms and Conditions in relation to device subscriptions.
(iii) By providing Customer’s personal data, Customer indicates that he/she has read, understood and agreed that his/her personal data will be recorded, stored or otherwise processed in accordance with Cinch's Privacy Policy (available at https://www.cinch.com/privacy or CompAsia’s privacy policy (available at https://compasiatradeinsg.com/terms-and-conditions ) (as may be applicable).
iv) The commercial value of the Trade-in Value is fully underwritten by CompAsia. Cinch shall not be liable for any issues arising from trade-in quotations and deduction matters.
(v) These Terms and Conditions are governed by the laws of Singapore and disputes directly or indirectly arising from these Terms and Conditions shall be referred to the exclusive jurisdiction of the courts of Singapore.
(vi) Discount will be applied to Customer subscription only after completion of Trade-In, Once completed, discount will be applied to the total outstanding subscription amount and Customer will be billed for subsequent monthly payments at a Discounted Subscription Rate calculated accordingly.
(vii) In the event of an Adjusted Offer, as set out in 10.4, an Adjusted Subscription Rate will be calculated as: Adjusted Subscription Rate = Discounted Subscription Rate + (Variance Amount / Term-1) Variance Amount = Trade-in Value – Value of Adjusted Offer
(viii) If Customer does not accept the Adjusted Offer, the trade-in transaction will be cancelled, and no discount will be applied to Customer’s subscription.
Example: Customer declares that Trade-in Device’s front and back camera is working and functional. The initial Trade-in Value is estimated at $300.
The CompAsia team determined that the Trade-in Device’s front camera is not functioning. Customers are provided with an Adjusted Offer of $210.
a. If Customer agrees to the Adjusted Offer, the Adjusted Subscription Rate will be calculated using $90 Variance Amount.
b. If the Customer does not accept the Adjusted Offer, no discount will be applied to Customer’s subscription.
(viii) Cinch requires a (“Minimum Subscription Rate”) of SGD20 for all subscriptions.
o For 3-month terms, the Minimum Total Subscription amount is SGD60.
o For 6-month terms, the Minimum Total Subscription amount is SGD120.
o For 12-month terms, the Minimum Total Subscription amount is SGD240.
(ix) Maximum Subscription Discount = Outstanding Subscription Amount – (Minimum Subscription Rate x Term-1)
(x) If the Trade-in Value exceeds Maximum Subscription Discount the (“Excess Amount”) will be added as Cinch Credit to the user's account. Excess Amount = Trade-In Value – Maximum Subscription Discount
Example: Customers subscribe to a device with a 12-month term and paid SGD40 for 1st month payment.
The Trade-in Value of the old device is SGD300.
Since 300 is greater than Maximum Subscription Discount = 220 = (40x11 – 20x11), there is Excess of 60 = 300 - 220 The excess SGD60 will be added as Cinch Credit to the customer’s account.
10.3 Cinch Credit:
(i) Cinch Credit is issued as part of promotional offers, trade-in value adjustments, or other activities determined by Cinch. They are issued at the sole discretion of Cinch.
(ii) Cinch Credit can be applied towards subscription payments, new subscriptions, and device purchases within the Cinch platform. They cannot be used to pay below the minimum subscription amount of SGD20 or be converted to cash.
(iii) Cinch Credits are non-transferable and can only be used by the account to which they were issued. Any attempt to transfer or sell Cinch Credits is strictly prohibited and will result in the forfeiture of the credits.
(iv) Cinch Credits expire 24 months from the date of issuance. Unused credits will be forfeited after this period without compensation.
(v) If a subscription is cancelled, any remaining Cinch Credits associated with that account can be applied to the cancellation fee or another subscription.
(vi) Cinch is not responsible for any unauthorised access to your account that results in the loss or use of Cinch Credits. It is the responsibility of the account holder to ensure the security of their account.
(vii) Cinch reserves the right to modify or terminate the Cinch Credit at any time without prior notice. Any changes to the terms and conditions will be posted on the Cinch website.
10.4 CompAsia Terms and Conditions.
(viii) CompAsia is the provider and operator of the web and app-based device diagnostic tools used in this Program.
(ix) CompAsia reserves the right (i) to refuse purchase/collection of devices, and (ii) to limit the number of purchase/collection of devices at its sole discretion.
(x) Customer confirms that he/she is the legal owner of the device.
(xi) Customers must be 18 years or above to be eligible to participate in the Program.
(xii) All logos, texts, graphics, button icons, images, digital downloads, data compilations and software are the exclusive property of CompAsia.
(xiii) By providing CompAsia with his/her mobile number, Customer grants CompAsia permission to contact him/her through voice calls, text messages, pre-recorded voice and/or automatic telephone for the purpose of processing order, providing information, offers, updates, announcements, or advertisements.
(xiv) Customer agrees and acknowledges that the ownership of the Trade-in Device shall be transferred to CompAsia once the Trade-in Device is handed over to CompAsia’s couriers.
(xv) Quoted Trade-in Values are subject to change by CompAsia without any prior notice given.
(xvi) In the event CompAsia determines that there is a discrepancy between the declared device condition and the actual device condition, Customer will be re-quoted with a new trade-in value (“Adjusted Offer”). If Customer agrees to the Adjusted Offer, the Variance Amount will be added back to their total subscription amount according to Adjusted Discount Subscription Rate in General Terms.
(xvii) The erasure of the data stored in Customer’s Trade-in Device will be performed by CompAsia in its best endeavours and Customer will not hold CompAsia liable for any failure, inaction or omission of any part of the data erasure process which is not within CompAsia’s control
(xviii) These Terms and Conditions may change at any time at CompAsia’s sole discretion without any prior notice to Customer. Each trade-in transaction shall be governed by the terms and conditions applicable at that time. Any losses incurred by Customer due to his/her failure to keep himself/herself updated with the new terms and conditions shall be borne by him/her and CompAsia or Cinch shall not be liable for the same
(xix) Customer agrees and acknowledges that by sending his/her devices to CompAsia, Customer agrees to release CompAsia from any claims, losses, or damages that may arise with respect to it, including any claims related to the ownership of the device and any data stored in it. Any data stored or contained in the Trade-in Device (whether in the form of personal details, SMS, photos, games, songs or other data not specifically defined herein) will be erased by CompAsia and CompAsia will not be responsible for any losses incurred by Customer due to the removal or loss of any such data.
(xx) Blacklisted/stolen devices: By participating in this Program, you are deemed to be the legal owner of any device traded in. CompAsia may, on a voluntary basis, check the IMEI/serial number of the Trade-in Device with the Singapore Police Force. In the event such Trade-in Devices are found to be blacklisted devices, CompAsia reserves the right to deliver the Trade-in Device and Customer’s personal details to the Singapore Police Force or other governmental authorities, where necessary.
11.1 Your warranty. You hereby represent and warrant that
(a) You are at least 18 years of age;
(b) You have the authority to enter into these Terms, either on Your own behalf or on behalf of the corporate User who will be party to these Terms.
11.2 Guarantor’s warranty. Guarantor hereby represents and warrants that
(a) Guarantor is between 20 and 65 years of age,
(b) Guarantor has all requisite power and authority to enter into and perform its obligations under the Terms and its Guaranty,
(c) the Guaranty is valid and binding upon and enforceable against Guarantor without the requirement of further action or fulfillment of any condition,
(d) there is no action, suit or proceeding pending or, to the knowledge of Guarantor, threatened against or otherwise affecting Guarantor before any court or other governmental authority or any arbitrator that may materially adversely affect Guarantor’s ability to perform its obligations under the Guaranty.
11.3 Disclaimers. The Site is provided on an “as is” and “as available” basis. The performance of the Site and Services on an uninterrupted basis are not guaranteed and promised by Us. Although Cinch has used reasonable efforts to ensure that the description (including images) of the Products available to rent are accurate and up-to-date, such descriptions may be provided by the applicable Third Party Partner and may be only representative of the item available. THE DESCRIPTIONS OF THE PRODUCTS ARE PROVIDED “AS-IS” AND CINCH MAKES NO EXPRESS OR IMPLIED WARRANTIES INCLUDING OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, REPRESENTATIONS, OR GUARANTEES REGARDING THE DESCRIPTION PROVIDED. THE ACCURACY OR COMPLETENESS OF PRODUCT INFORMATION IS NOT GUARANTEED AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND SELECTING PRODUCTS AND DETERMINING WHETHER EACH PRODUCT IS FIT FOR A PARTICULAR PURPOSE AND SUITABLE FOR YOUR USE. PRODUCTS ARE NOT MANUFACTURED TO ANY INDIVIDUAL REQUIREMENTS OR SPECIFICATIONS. NO LICENSE UNDER ANY CINCH OR THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS IS GRANTED OR IMPLIED WITH THIS PRODUCT INFORMATION. YOUR SOLE REMEDY FOR A PRODUCT BEING MATERIALLY INACCURATELY DESCRIBED IS TO RETURN IT IN UNUSED CONDITION, COMPLETE AND UNDAMAGED, IN THE ORIGINAL PACKAGING, AND HAVE CINCH REPLACE THE PRODUCT. TO THE EXTENT PERMITTED BY LAW, CINCH EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.
CINCH SHALL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES, OR ANY INFORMATION OR SERVICE ON A LINKED SITE. THE MAXIMUM LIABILITY OF CINCH FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID TO CINCH BY YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. Some jurisdictions do not allow the limitation or exclusion of certain implied warranties, liability, incidental or consequential damages, so certain provisions of these Terms may not apply to You. This section will survive termination of these Terms.
You shall defend Us against any claims, actions, damages, penalties, fines, demands, losses, liabilities, costs and expenses, injuries or payments for injury to any person or property caused or claimed to be caused by You which is made or brought against Us by a third party arising out of
(i) Your use of the Services or Products (including the payment of fines and other fees hereunder),
(ii) Your breach or violation of any of these Terms (including but not limited to Sections 4.4 and 7.2) or any applicable law,
(iii) Cinch’s lawful use of Your Information or
(iv) Your violation of the rights of any third party. Cinch reserves the right to assume the exclusive defence of any claims or lawsuits, and You agree not to settle any of the foregoing without Cinch’s prior written consent. You agree that the obligations in this Section will survive any termination of these Terms, Your User Account or Your access to Our Services generally,
(v) Your unauthorized sale or other Unauthorized Use of the Product or any attempt to do any of the foregoing;
(vi) any actions taken by Cinch or its Authorized Agents to recover the Product due to your breach or enforce against any unauthorized dealings of the Products.
14.1 These Terms, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to these Terms or the negotiation, execution or performance of these Terms (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with these Terms or as an inducement to enter into these Terms), shall be governed by, and enforced in accordance with, the laws of Singapore, without regard to any conflict of law provisions.
THIS SECTION CONTAINS A LEGAL RELEASE OF YOUR RIGHTS, INCLUDING: ASSUMPTION OF RISK AND WAIVER AND RELEASE OF LIABILITY AGAINST CINCH. YOU ARE FREE TO DECLINE OUR SERVICES/PRODUCTS IF YOU DO NOT WANT TO AGREE TO THE TERMS AS SET FORTH HEREIN.
14.1 You volunteer to use Our Services and Products with full knowledge of all RISKS and agree to the ASSUMPTION OF RISK AND WAIVER AND RELEASE OF CLAIMS; YOU DO NOT HAVE TO USE OUR PRODUCTS OR SERVICES. It is Your responsibility to use Our Services and Products safely. IN CONSIDERATION FOR USING OUR SERVICES/PRODUCTS, YOU, OR THE PERSON OR ENTITY ON BEHALF OF WHOM YOU ENTERED INTO THESE TERMS AGREE TO THE FOLLOWING:
- TO ASSUME ALL RISKS: You acknowledge that
(a) there are risks associated with the use of Our Services/Products;
(b) the Products may be used by other people both before and after Your use of such Products;
(c) Your use of certain Products may result in injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, MENTAL OR PHYSICAL ANGUISH, OR DEATH. To the maximum extent permitted by laws, by using Our Services, You, on behalf of Yourself, Your personal representatives and Your heirs, hereby EXPRESSLY AGREE TO ASSUME ALL RISKS AND ACCEPT ALL RESPONSIBILITY FOR ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE, DEATH OR DISABILITY THAT YOU MAY SUFFER AS A RESULT OF USING THE SERVICES/PRODUCTS for any such injuries, losses, and/or damages.
14.2 WAIVER AND RELEASE OF CLAIMS: To the maximum extent permitted by laws, on behalf of Yourself, Your personal representatives and Your heirs, hereby EXPRESSLY AGREE TO WAIVE AND RELEASE CINCH FROM ANY AND ALL CLAIMS (INCLUDING THOSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY AND/OR ANY OTHER GROUNDS), INCLUDING WITHOUT LIMITATION CLAIMS FOR OR RELATING TO ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE, DEATH OR DISABILITY THAT YOU MAY SUFFER AS A RESULT OF USING OUR SERVICES OR PRODUCTS. The WAIVER AND RELEASE includes any claims for injury or illness including, but not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES, PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE SERIOUS DISABILITY, MENTAL OR PHYSICAL ANGUISH, OR DEATH;
14.3 If You have any questions concerning the terms of the Assumption of Risk or Waiver and Release of Claims, contact Us at support@cinch.sg.
15.1 Default. If You do not pay the Fees on the date and time specified in Your Order Confirmation, then we reserve the right to lock any Product on Your User Account through the Security Features until payment is complete. You will be in “Default” of this Agreement if:
I You do not pay the Fees on the date and time specified in Your Order Confirmation;
II You breach any term, covenant, representation, warranty, or other obligation in these Terms;
III You fail to timely activate the Service required under these Terms; or
IV You or We cancel/terminate the Service.
15.2 Remedies for Default. In the event of Default as permitted by applicable law, we may exercise the following:
I Disable or lock the Product(s); in the event of a Product is locked or disabled, We or our Third Party Partner may restrict some or all of the following aspects of functionality:
a. native or installed calls, messages or applications; and
b. ability to override settings.
II. Use Security Features, including MDM software, to erase data, remove passcodes, or enforce other restrictions as detailed in Section 1.16 or as otherwise enabled by the functions of the applicable Security Feature.
III. Recover or confiscate the Product(s) through Cinch or its Authorized Agents;
IV. Require You to immediately pay all remaining unpaid Fees. If You provided Your credit or debit card information, You authorize us to charge the card or account information stored in your User Account, in accordance with applicable law, to satisfy all amounts due, if You do not immediately pay all unpaid Fees.
V. Require You to pay us actual and reasonable costs of collection, including attorney's fees.
VI. Take possession of the Product and sell, lease, license, or dispose of the Product to satisfy any unpaid obligations.
15.3 If You have any questions or issues concerning the Security Features, terms of Default or Remedies for Default, or if any Product(s) on Your User Account is locked without valid reasons, contact Us at support@cinch.sg.
16.1 These Terms, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to these Terms or the negotiation, execution or performance of these Terms (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with these Terms or as an inducement to enter into these Terms), shall be governed by, and enforced in accordance with, the laws of Singapore, without regard to any conflict of law provisions.
16.2 The parties shall use best efforts to settle any dispute, claim, disagreement, question or issue directly through good-faith negotiations, which shall be a precondition to either party commencing any legal action. Any action in connection with, relating to or arising from this agreement shall be finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force (“SIAC Rules”). The tribunal shall consist of one (1) arbitrator to be appointed in accordance with the SIAC Rules. All arbitration proceedings shall be in the English language. The seat of arbitration shall be Singapore. The decision of the arbitrator shall be final and binding.
16.3 If the decision of the arbitrator can be appealed to the courts under Singapore laws. You agree to be subject to the personal jurisdiction in, and the exclusive venue of, the courts in Singapore, to the extent relevant, and hereby waive any objection to such jurisdiction and venue for the purpose of any such appeal.
You acknowledge and agree that any violation of the Terms relating to the disclosure, use, copying, distribution, display or publishing of the content made available through the Service, including for the sake of clarity, information provided in Your User Account, by Cinch or by third party-licensors, including, if applicable, any software licensed hereunder, may result in irreparable injury and damage to Cinch or its licensors that may not be adequately compensable in money damages, and for which Cinch will have no adequate remedy at law. You acknowledge and agree that Cinch may pursue injunctive or other equitable relief at any time from a court of competent jurisdiction without the need to post a bond or other security.
These Terms become effective from the earliest of the date You accept these Terms, your creation of a User Account, or Your use of this Site in any way, and continue until terminated by either of us in the following ways. You may terminate Your use of the Site without cause at any time upon written notice to Us; however, Your obligations will exist for the duration of Your Rental Period and all outstanding payment obligations derived from Your Rental Period will remain due and payable. All sections that must survive to fulfill their essential purpose shall survive any termination or expiration of these Terms.
19.1 You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your User Account, in any way (by operation of law or otherwise) without Our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations hereunder without consent. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of this Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. You and Cinch agree that these Terms are the complete and exclusive statement of the mutual understanding between You and Cinch, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
19.2 Acknowledgment of Authorized Agents. You acknowledge and agree that:
• Cinch may register the IMEI or serial number of the Products with loss and theft databases to prevent Unauthorized Use;
• Cinch may engage Authorized Agents to act on its behalf for the purposes of recovering Products in the event of your breach of these Terms or otherwise enforcing against any unauthorized dealings of the Products.
• Authorized Agents have the authority to confiscate or otherwise take possession of Products that are subject to unauthorized sale, transfer, disposition, or other dealing or any attempt to do so.
• You consent to Cinch sharing necessary information, including IMEI numbers and device details, with Authorized Agents to facilitate the recovery of Products or to otherwise act on behalf of Cinch to enforce against any unauthorized dealings of the Products.
Cinch may modify these Terms at any time by posting a revised version at cinch.sg, the modifications of which will become effective as of the first day of the calendar month following the month in which they were first posted; provided, however, that if an Rental Period specifies a fixed term, the modifications will instead be effective immediately upon the start of the next Rental Period chosen. In either case, if You object to the updated Terms, as Your sole and exclusive remedy, You may choose not to renew. For the avoidance of doubt, any Rental Period is subject to the version of the Terms in effect at the time of the Order Confirmation.