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Terms and Condition

Effective Date: [Insert Launch Date]
Company: Whale Crunch Pte. Ltd.
Website: www.whalecrunch.com
Contact Email: hello@whalecrunch.com

1. Introduction

Welcome to Whale Crunch! These Terms and Conditions (“Terms”) govern your use of our Website and services. By accessing, registering for, or using the Website and services, you acknowledge and agree that these Terms and Conditions constitute a legally binding agreement between you and Whale Crunch Pte. Ltd.

If you do not agree to be bound by these Terms and Conditions, you must not access or use the Website or any of our services.

2. Definitions

  • “User” means any person or entity registered on the Website.
  • “Employer” means a User who posts a project or hires a Freelancer.
  • “Freelancer” means a User or a company who offers services or bids for projects.
  • “Services” means marketplace services offered via the Website.

3. User Accounts

  • You must be 18 years or older to create an account.
  • You are responsible for maintaining confidentiality of your account details.
  • You agree to provide accurate and updated information.

4. User Verification

  • Document Submission:
    Users may be required to submit personal identification documents, proof of address, or other verification materials as requested to comply with Know Your Customer (KYC) regulations and to maintain platform integrity.
  • Review and Approval:
    Whale Crunch reserves the right to approve, reject, or request additional verification to prevent fraud, identity theft, money laundering, and other prohibited activities.

5. Marketplace Rules

  • Employers can post project requirements or service-based tasks.
  • Freelancers can submit bids for projects or offer service tasks for purchase.
  • Access to key features requires an active subscription plan (freelancer or employer).
  • Package plans may vary by duration, features, trial availability, and tax inclusions.
  • Whale Crunch charges platform service fees and/or processing fees per successful transaction.
  • Users must comply with all applicable local and international laws when using the platform.

6. Fees and Payments

  • Both Freelancers and Employers are subject to platform fees and/or processing fees on completed work.
  • The minimum amount for each project is $100. There will be minimum charge of $10 for projects lower than $100.
  • Both Freelancers and Employers must select and purchase a subscription package to access listing or bidding features.
  • Whale Crunch Pte. Ltd. reserves the right to update or change pricing at any time.
  • Payment Methods: All payments are securely processed via Stripe, PayPal, or Payoneer.
  • Currency: All transactions are handled in Singapore Dollars (SGD).
  • Users are responsible for any applicable currency conversion fees or foreign exchange rate differences.
  • Fees and Charges: Any fees imposed by payment providers (such as transfer fees or exchange charges) are borne by the user.

7. Dispute Management Between Users

  • Disputes between Users are encouraged to be resolved amicably.
  • Whale Crunch may assist in dispute management but is not liable for disputes between Users.
  • Final decision-making authority remains with Whale Crunch at its sole discretion for disputes involving platform violations.

8. Intellectual Property and Copyright Claims

  • User Ownership:
    Users retain all ownership and intellectual property rights to the content they create, upload, or submit on Whale Crunch, provided that they are the original authors or rightful owners of such content.
  • Platform Role:
    Whale Crunch Pte. Ltd. acts solely as an intermediary platform connecting freelancers and clients.
    We do not claim ownership over user-generated content, and we do not actively participate in copyright disputes, litigation, or enforcement between users or third parties.
  • Copyright Infringement Reports:
    If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement, you may submit a written report to Whale Crunch providing:
    • Identification of the copyrighted work claimed to have been infringed;
    • Identification of the material that is claimed to be infringing;
    • A statement of ownership or authorized rights;
    • Your contact information.

Upon receipt of a valid report, Whale Crunch will:

  • Review the complaint for completeness and reasonableness;
  • Notify the allegedly infringing user;
  • Request that the user cease the unauthorized use or remove the disputed content.
  • Non-Compliance:
    If the user in question does not remove the allegedly infringing content within the timeframe stipulated in the notice, Whale Crunch reserves the right to suspend or terminate the user’s account at its sole discretion.
  • Disputed Ownership:
    If the allegedly infringing user provides reasonable proof that they are the original owner of the content, and both parties claim ownership, Whale Crunch will not make any legal determinations.

    Both parties will be advised to seek independent legal recourse to resolve the dispute. Whale Crunch will not mediate, arbitrate, or participate in any legal proceedings between the parties.

Note: Account suspension or termination due to violation of these Terms and Conditions, including copyright infringement, may occur without any refund of remaining account balances, subscription fees, membership fees, or any other payments made.

9. Prohibited Conduct

You agree not to:

  • Post misleading, false, or illegal information.
  • Use the platform for fraud, money laundering, or illegal activities.
  • Circumvent the platform to avoid paying commissions or fees.
  • Upload viruses, malicious code, or attempt unauthorized access to systems.

Note: Violation may result in account suspension, termination or/and legal action. Account suspension or termination due to violation of these Terms and Conditions, including copyright infringement, may occur without any refund of remaining account balances, subscription fees, membership fees, or any other payments made.

10. Tax Responsibility

  • User Obligation:
    All users (freelancers and clients) are solely responsible for reporting, filing, and paying their own taxes in accordance with their local laws, including income taxes, VAT, GST, or other applicable taxes.
  • No Tax Assistance:
    Whale Crunch Pte. Ltd. does not provide tax advice, tax filing services, or issue any tax documents (such as 1099 forms or equivalents).
  • Non-Withholding:
    Whale Crunch Pte. Ltd. does not withhold taxes on payments made through the platform, except applicable GST/VAT (or other equivalent tax). Users must independently ensure compliance with their own tax authorities.

11. Third-Party Services

  • Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Whale Crunch Pte. Ltd. (“Third-Party Services”).
  • We are not responsible for the availability, content, accuracy, or practices of any Third-Party Services. Use of Third-Party Services is at your own risk and subject to the terms and privacy policies of those third parties.
  • We disclaim all liability arising from your use of any Third-Party Services accessed through the Whale Crunch platform.

12. Limitation of Liability

Whale Crunch is not liable for:

  • Any loss of data, profits, or reputation resulting from your use of the Website.
  • Actions or omissions of other Users.
  • External service interruptions or security breaches.

13. Indemnification

You agree to indemnify, defend, and hold harmless Whale Crunch Pte. Ltd., its directors, officers, employees, and affiliates, from and against any claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including lawyer’s fees) arising out of or related to:

  • Your access to or use of the Website and services;
  • Your violation of any term of these Terms and Conditions;
  • Your violation of any third-party rights, including intellectual property rights or privacy rights;
  • Any claim that your content caused damage to a third party;
  • Any breach of applicable laws and regulations;
  • Events beyond our control, including but not limited to Acts of God, war, terrorism, riots, labor disputes, natural disasters, disruptions of telecommunications, internet failures, or governmental restrictions.

This indemnification obligation shall survive the termination of your use of the Website.

14. Website Security Disclaimer

While Whale Crunch Pte. Ltd. implements commercially reasonable security measures to protect the integrity and security of the Website, we cannot guarantee that the Website is free from vulnerabilities, viruses, malware, cyberattacks, or other security threats.

By using our Website, you acknowledge and accept that:

  • No online platform can be completely immune from hacking, cyberattacks, or unauthorized access.
  • Your use of the Website is at your own risk.
  • Whale Crunch Pte. Ltd. is not liable for any damages or losses arising from unauthorized access, hacking, data breaches, or disruptions to our services.

We recommend that you take appropriate security precautions when accessing the Website, including the use of updated antivirus software and secure passwords.

15. Third-Party Rights

These Terms and Conditions are entered into between you and Whale Crunch Pte. Ltd.
No third party shall have any rights to enforce any term of these Terms and Conditions under the Contracts (Rights of Third Parties) Act 2001 of Singapore or any equivalent law.

Third parties are expressly excluded from benefiting from or enforcing any provision of these Terms.

16. Minor Protection and Child Safety

  • No Use by Minors:
    Whale Crunch is intended for use only by individuals who are 18 years of age or older. By using the Website, you represent and warrant that you are at least 18 years old.
  • No Content Targeted to Minors:
    Users are strictly prohibited from posting, sharing, promoting, or distributing any content that is targeted toward minors (individuals under 18 years of age) or that is inappropriate for a general audience.
  • Child Protection Laws:
    Whale Crunch complies with applicable child protection laws, including but not limited to the Children’s Online Privacy Protection Act (COPPA) of the United States, GDPR requirements regarding minors, and Singapore’s Personal Data Protection Act (PDPA).
  • Account Termination:
    Any account found to be violating this provision, including creating or distributing content targeting minors, may be suspended or terminated immediately without refund.

17. Termination

Whale Crunch may terminate or suspend your account at any time for breach of these Terms or applicable laws without prior notice.

Account suspension or termination due to violation of these Terms and Conditions, including copyright infringement, may occur without any refund of remaining account balances, subscription fees, membership fees, or any other payments made.

18. Dispute Resolution, Mediation, and Governing Law

Mediation First:
In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, the Website, or the services provided, the parties agree to first attempt to resolve the dispute through good faith negotiations and mediation.

Location of Mediation:
Any mediation shall take place in Singapore and be conducted in accordance with the mediation rules of the Singapore Mediation Centre (SMC) or any equivalent body agreed upon by the parties.

Litigation:
If mediation fails to resolve the dispute within a reasonable period, either party may proceed to litigation.
All litigation proceedings must be brought exclusively before the courts of Singapore.

Governing Law:
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Republic of Singapore, without regard to any conflict of law principles.

Severability:
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms and Conditions. The remaining provisions shall remain in full force and effect and shall be construed so as to best effectuate the original intent of the parties.

19. Anti-Slavery and Human Trafficking Statement

Whale Crunch Pte. Ltd. is committed to ensuring that there is no modern slavery, forced labor, or human trafficking in any part of our business or supply chains.

We have zero tolerance for slavery and human trafficking and expect all users, freelancers, clients, contractors, and suppliers engaging with Whale Crunch to comply with all applicable anti-slavery and anti-human trafficking laws.
Violation of this policy may result in the suspension or termination of user accounts and reporting to relevant authorities.

20. Amendments and Contact Information

Whale Crunch Pte. Ltd. reserves the right to amend, modify, or update these Terms and Conditions at any time at its sole discretion.

Any changes will become effective immediately upon posting on the Website. Continued use of the Website and services after any amendments constitutes your acceptance of the revised Terms.

If you have any questions, concerns, or feedback regarding these Terms and Conditions, please contact us at:

📧 Email: hello@whalecrunch.com
📍 Address: Whale Crunch Pte. Ltd., Singapore