1) All prices listed above are exclusive of prevailing GST charges.
2) The green checkmark badge in the WhatsApp Profile and next to the header in the chat thread, as well as the display business name being visible, are all subjected to WhatsApp’s decision. These are not guaranteed. Kindly refer to the link for more information: https://developers.facebook.com/docs/whatsapp/guides/display-name/#types.
3) Once the onboarding form is submitted to TalariaX, the chosen Plan will be activated regardless of the application status.
4) TalariaX reserves the right to reject the application without assigning any reason whatsoever. Please email the completed form to email@example.com.
By signing this application form, the applicant hereby agrees to the following:
1. The applicant acknowledges that he has read and understood and agrees to be bound by the Terms and Conditions for sendQuick.io services (“Services”) which is documented in this document below.
2. The applicant acknowledges that the one-time set-up fee and monthly/annual fees are non-refundable. Any early termination by the applicant will automatically forfeit the one-time set-up fee and monthly/annual fees. If there is (are) monthly/annual fee(s) accrued or outstanding, the applicant is liable for such fee(s) regardless of early service termination.
3. The applicant further acknowledges that should the applicant cancel his application after it has been accepted by TalariaX Pte Ltd (“TalariaX”) but before the Service commences, the applicant shall be liable for the one-time set-up fee, where applicable.
4. The applicant acknowledges that all intellectual property rights relating to the sendQuick.io, the Services, the applications and the trade marks, brand names, logos, and brand identifiers used by TalariaX in relation thereto belongs solely to TalariaX. Any infringement of TalariaX’s intellectual property rights is punishable under the laws of Singapore and that of all other relevant jurisdictions.
5. TalariaX has sole and exclusive ownership of all rights, titles and interests in the Services and applications, trademarks, brand names, logos, and brand identifiers relating thereto (including ownership of all trade secrets, copyrights, and other intellectual property rights pertaining thereto.). All other trademarks are owned by their respective owners and governed by their individual intellectual property rights. Applicant shall not use the Services in any manner not expressly provided in this agreement. In no case shall the applicant acquire any right, title or ownership in or to the Services, related applications or any other associated intellectual property of TalariaX and the applicant shall keep it free and clear of all claims, liens and encumbrances.
6. All messages sent by TalariaX are chargeable, in accordance to the rate specified in this agreement. The charges will be billed together with the monthly/annual fee to the applicant, except for Pre-Paid services which will be deducted immediately.
7. TalariaX will use its best efforts to deliver the messages in a timely manner. TalariaX disclaims all liabilities for late, non-delivery, wrong delivery and other errors in delivery, including the message content, of the messages and other liabilities (direct and consequential) that may have resulted from the delivery process of the messages
8 The applicant agrees and confirms that the messages sent are not unsolicited messages and has obtained consent from the recipient(s) to receive such messages. Applicant further confirms that the mobile numbers of the recipients were obtained in a reasonable method and does not infringe the Personal Data Protection Act 2012 (No. 26 of 2012) (hereinafter referred to as the “PDPA”) and any anti-spam regulation imposed by Singapore government or other relevant authorities.
9. The applicant must provide a mobile telephone number to which the recipient may submit an unsubscribe request by text or multi-media messaging and a statement to the effect that the recipient may use the telephone number or facsimile number, provided in the unsolicited commercial electronic message to submit an unsubscribe request, or a statement to similar effect and ensure that the unsubscribe request is effected as soon as possible.
10. The applicant represents and warrants that the mobile numbers of the recipients are not obtained through the use of a dictionary attack as defined in the Spam Control Act (hereinafter known as the “Act”). Dictionary attack, as defined in the Act means the method by which the electronic address of a recipient is obtained using an automated means that generates possible electronic addresses by combining names, letters, numbers, punctuation marks or symbols into numerous permutations.
11. The applicant represents and warrants that the provision of the Services are as per the applicant’s instructions, and the Applicant’s instructions to TalariaX to use, disclose and/or collect (as the case may be) the recipients’ personal data are in full compliance with all the provisions contained in the latest version of the PDPA and all regulations issued thereunder, or such similar statute that may replace the PDPA in the future; and the applicant shall at all times, use its best endeavours to ensure compliance of the PDPA, or such similar statute that may replace the PDPA in the future.
12. TalariaX reserves the right, at its sole discretion, to remove, delete or refuse to process the materials (messages and phone numbers) that violates or deemed to have violated any provisions of this agreement or when TalariaX in its sole discretion determines that the materials may violate any applicable laws of the Republic of Singapore or do not conform with industry best practices.
13. The applicant acknowledges that where WhatsApp requires information or evidence regarding the compliance of transactions by applicant with the WhatsApp Terms& Conditions as found on WhatsApp web site (https://www.whatsapp.com/legal/FB-terms-whatsapp-business/), applicant is obliged to comply and provide the information and or data available to WhatsApp in a timely manner.
14. TalariaX may impose a charge if its employees or agents are called to attend to a technical fault or provide other forms of servicing and such fault and servicing is not directly attributable to a fault in TalariaX’s equipment or networks or services.
15. There is no refund for the Pre-Paid fees once it is paid, even if the applicant has no intention to use the Service till the expiry date. All Pre-Paid SMS will expire after 24 months from the activation date. All unused message credits will be forfeited.
16. Pre-Paid message credit will only be effective upon receipt of payment by TalariaX. TalariaX reserves the right to reverse or cancel any credits if the payment is deemed to have not been paid. Receipt of payment is defined as when the payment is actually received in TalariaX bank account and is non-reversible by the bank or collection agent.
17. TalariaX may charge a penalty or administrative fee if the applicant fails to pay any sum by its due date.
18. All prices quoted are subject to change at the sole discretion of TalariaX by giving a fourteen (14) calendar days advance notice.
19. All prices quoted are not inclusive of Internet services and other charges payable to other service providers, where applicable.
20. The applicant shall bear all applicable charges for services required for and/or ancillary to the use of the Service including, but not limited to, Internet charges, SIM card charges and others, where applicable.
21. TalariaX reserves the right to store, backup, review and delete the messages in the sendQuick.io system for the purpose of system administration or as required by regulation or the law of Singapore, when required.
22. TalariaX’s liability (if any and subject to Clause 7 above) for any direct damages resulting from fraud or gross negligence shall not be more than the monetary sums received by TalariaX from the applicant for the period of 6 months prior to the act or omission that caused the said direct damages, less any direct and in-direct cost that had been incurred in the delivery of the service. TalariaX shall not be liable for any legal cost undertaken by the applicant.
23. In any event, and notwithstanding anything contained in this agreement, in no circumstances shall TalariaX be liable for (a) any damages other than as a direct result of fraud or gross negligence of TalariaX or (b) the loss of or damage to revenues, profits or goodwill or (c) the applicant’s incompliance and/or breach of the PDPA and all regulations issued thereunder or such similar statute that may replace the PDPA in the future or other special, incidental, indirect or consequential damages to the applicant of any kind, resulting from TalariaX’s performance or failure to perform any obligation under this agreement or resulting from the furnishing, performance, use or loss of use of any data, information or other property of the applicant, including without limitation any interruption of the applicant’s business, whether resulting from breach of contract or otherwise.
24. The applicant consents to the use of the information provided herein by TalariaX for the development and marketing of its other goods and services. Should the applicant wish to withdraw its consent, it may do so by writing to the following email: firstname.lastname@example.org. The applicant must include in the email its account number, name, registration number and address.
25. The applicant confirms that the information given herein is true, correct and complete. The applicant further agreed to the terms and conditions as stated in this Agreement.
26. The applicant agrees that all representations and warranties made in this agreement are continuing obligations and all representations and warranties are deemed to be repeated and true and correct throughout the term of this agreement.
27. TalariaX reserves the right at any time to modify this agreement and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this agreement. Your continued use of the Services will be deemed acceptance thereof.
28. Applicant is solely responsible for complying with the applicable laws relating to the applicant’s use of the Services.
29. The applicant hereby agrees to indemnify and hold TalariaX free and harmless from and against any and all losses, liabilities, claims, actions, costs and expenses including reasonable attorney’s fees and court costs, relating to, resulting from or in any way arising out of the applicant’s use of the Services and/or any breach by the applicant of this agreement.
30. A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap53B) to enforce any of its terms.
31. Either party can terminate this agreement by giving at least 30 days’ notice in writing. All unpaid fees and services incurred (that have yet to be billed) will be payable to TalariaX.
32. Digitalisation of documents:
Per TalariaX’s disposal policy, all acknowledged and signed documents will be converted and retained in electronic form only, especially so if the documents were signed electronically. Please note that these electronic records are considered valid and legally binding as stipulated in Electronic Transactions Act (ETA) 2010. A copy of the relevant documents will be emailed back to you for your records. The originals will then be disposed in a secure manner. If you required the original copies, please contact us at www.talariax.com.