Terms and Conditions

HERO PLUS GROUP LIMITED (referred to as “HERO PLUS” or “we”). Provides a Software as a Service (SaaS) and Digital Payment Service based “Digital Payment”, “Conversation Cloud”, named “Hero Plus Merchant” or “Hero Plus Solutions” that allows our customers to store, manipulate, analyze and transfer messages between their business systems and their customers on Hero Plus – provided and third party messaging channels (the “Service”). A “Customer” is an entity with whom Hero Plus has an agreement to provide the Service.

Please read these Terms of Service (“Terms”) carefully. By using the Platform and the Hero Plus’s services, you agree to be bound by these Terms and are deemed to have executed these Terms electronically. The headings contained in this document are for reference purposes only. You should print a copy of these Terms for your records.

Last Updated: November 2023

1. Parties to these Terms

1. These Terms are a legally binding agreement between you (“you”, “your” or the “Customer”) and Hero Plus Group Limited doing business as Hero Plus (“we”, “us”, “our”, “Hero Plus”) (collectively, the “Parties” and each a “Party”). These Terms shall govern your use of the Hero Plus website, including any subdomains thereof, and any other websites through which Hero Plus makes its services available, our mobile, tablet and other smart device applications, and application program interfaces (collectively, the “Platform”) and the services provided through the Platform in the manner described in Clause 2.1.

2. Hero Plus Services

1. We operate a Platform on which participating retailers, merchants, stores or owners of websites of online stores (“Merchants”) offer you the option to make payment for their goods and/or services (“Merchant Services”). The services performed by the Platform that facilitates the Digital Payment Structure shall be referred to as the “Hero Plus Services”.
2. Merchants remain fully responsible for their Merchant Services and the purchase of the Merchant Services shall remain a contract between yourself and the Merchant. Hero Plus expressly disclaims all warranties related to the Merchant’s sale of the Merchant Services, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. The merchant is solely responsible for any liabilities incurred and obligations derived from and in the course of providing the merchant services. Any fees charged by the merchant for the use of Hero Plus services (If any) do not represent any fees charged or intended to be charged by Hero Plus to any customers in any way.
3. Due to the nature of the internet, Hero Plus cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. Hero Plus may restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. Hero Plus may improve, enhance and modify the Platform from time to time. Hero Plus shall not be liable in any way to you for any interruption to the use of the Hero Plus Service during such period of maintenance or system upgrades.

3. Eligibility; Payment Verification

1. Eligibility
   1. To be eligible to use the Platform and/or the Hero Plus Services, you must:
      1. be an individual who is at least eighteen (18) years old;
      2. be capable of entering into a legally binding contract;
      3. have a valid and verifiable email address and mobile telephone number;
      4. provide a valid physical residential and delivery address;
      5. be an authorized holder of an eligible debit card, credit card or other payment method as may be accepted by Hero Plus from time to time (“Payment Method”). For the avoidance of doubt, a Payment Method shall not include any issued prepaid debit cards, virtual debit cards or virtual account numbers, gift cards or any other type of access card; and

4. Payments

Payment Methods
1. When you select the Hero Plus Digital Payment Structure as a means of payment for Merchant Services. Orders are subject to the Merchant's and Hero Plus's approvals. We may, in our sole discretion, decline to facilitate the Hero Plus Digital Payment Structure for an Order, or cancel an approved Order before the Merchant Services are delivered or supplied, for any reason including but not limited to your history of Orders or to prevent against fraud, legal, regulatory or non-payment risk.

5. Intellectual Property

• All content included in or made available through the Hero Plus Services, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software is protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) are owned by Hero Plus or its affiliates. The copying, redistribution, use or publication by you of any part of the Hero Plus Services, unless expressly permitted in these Terms, is strictly prohibited. Use of the Hero Plus Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Hero Plus Services does not constitute a waiver of any right in such information and materials. For the avoidance of doubt, the use of the term “software” herein shall include its respective components, processes and design in its entirety.

6. Trademark Notices

• The trademarks, service marks and logos (the “Trademarks”) used and displayed on the Hero Plus Services are registered and unregistered Trademarks of Hero Plus, its affiliates, and/or the respective Merchants offering Merchant Services on the Platform. Nothing on the Hero Plus Services should be construed as granting you, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Hero Plus intellectual property displayed on the Hero Plus Services. The name “Hero Plus”, “Hero+” and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Hero Plus Services, without prior written permission from Hero Plus.

7. Communications

1. All notices or other communications between the Parties shall be given in writing in the English language and shall be delivered:
   1. to you, via electronic mail to the email address you have provided to us, or to us, at cs@heroplusgroup.com; or via text messages to the mobile phone number you provided to us.
2. All emails and text messages shall be deemed received upon successful transmission unless stipulated otherwise.

8. Changes to these Terms; Conflict of Terms

1. Additional terms and conditions may apply to purchases of goods or services, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Platform or for any service offered on or through the Platform, the latter terms shall prevail with respect to your use of that portion of the Platform or the specific service.
2. We reserve the right to vary or amend these Terms from time to time without requiring express or implied consent and without prior notice of such variations or amendments. Such variations or amendments to these Terms shall be effective upon such updated version being uploaded on our Platform at https://heroplusgroup.com/en-SG/terms-of-service You agree that it shall be your responsibility to review this Terms regularly whereupon the continued use of the Hero Plus Services after such variation or amendment of these Terms shall constitute your consent and acceptance of such variation or amendment, regardless of whether you have reviewed the updated version of the Terms.

9. Indemnification

1. You agree to release, indemnify and hold harmless Hero Plus or its subsidiaries, partners, affiliates, employees, directors, officers, agents, representatives and/or any third parties providing services for and/or on behalf of Hero Plus (“Indemnified Parties”) from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way related to these Terms, your use of the Platform, the Hero Plus Services.

Reservation of Rights

1. We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

10. Removal of links from our website

• If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links, but we are not obligated to respond to you directly.
• We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

11. Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
1. limit or exclude our or your liability for death or personal injury;
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law.
5. The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

12. Enquiries

• If you have any questions, complaints or claims with respect to the Hero Plus Services, please contact us at cs@heroplusgroup.com We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.