VERSION 1.1 (Last Updated : 17 Feb 2025)

Section 1 General

1.1. These terms of service (“Terms”) govern your use and access to our services, including our website (our “Site”), our application(s) (our “App”), our application programming interfaces, and any information or content appearing therein, collectively our services (“Services”), regardless of whether you are a paid user or a non-paying visitor. 

1.2. If you reside in Singapore or anywhere else in the world, your agreement is with SDCH Pte. Ltd. (UEN 202417559K), a company registered in Singapore. “We” or “Our” or “Us” or “Engagera” should be construed accordingly.

1.3. You are only authorised to access our App or use our Website if you accept to be bound by this Engagera’s Terms and Conditions, Privacy Policy and Community Guidelines. If you’re using our Services as a representative of an entity, you’re agreeing to these Terms and Conditions, Privacy Policy and Community Guidelines on behalf of the entity. There will be amendments on these Terms and Conditions, Privacy Policy and Community Guidelines from time to time and will be effective in respect of members and visitors of Engagera using our Services.

1.4. The Engagera has the right to exclude any users from accessing the Site and App including if they are in breach of these terms.

Section 2  Information on the Our Services

2.1. Engagera is a cloud-based “Community Collaboration” and “Personal Productivity” software service for Business Users and Individual Users.

2.2. The Engagera will use reasonable endeavours to review data inputted by Business Users, and Regular Users to increase the accuracy and completeness of the information on or obtained through our Services on the Site and App. However, the Engagera does not accept responsibility and is not liable for erroneous results, compliance with food labelling laws and regulations or the management of the risk of product liability and personal injury. You acknowledge and agree that information on the Site and App and results obtained through them are made available on the understanding and condition that:

2.2.1 the Engagera is not providing medical or compliance professional advice;

2.2.2. the Engagera does not guarantee that a consumer will not suffer a medical response (example: allergic reaction, intolerance triggers and more);

2.2.3. the Engagera “Community Collaboration” contains data inputted by Business Users, Regular User and at times Engagera Operation. The utilise underlying data that the Engagera sources from third parties, and the accuracy or otherwise of such underlying data is beyond the control of Engagera;

2.2.4. the Engagera “Personal Productivity” provides, amongst other information, risk management tools which may assist in a total approach to special diet risk management.

2.3. If you intend to rely on any information on the Site and App or results obtained through them, before relying on any such information or results you must carefully evaluate the accuracy, completeness and relevance of the information or results inclusive of Product Packaging and informing the Restaurant for your safety purposes. You must exercise your own skill, care and judgement with respect to use of any material on the Site and App and must obtain appropriate professional advice relevant to your particular circumstances.

2.4. We communicate with you via Engagera Contact Us within the Community module or ContactUs@engagera.co or other means to give you technical and service support. You must bear in mind that we are a technology innovation company and no part of our communication with you is not providing medical or compliance professional advice. In particular, we do not:

2.4.1. review all content (food labels, restaurant menu) created for compliance sufficiency;

2.4.2. give compliance opinion or clearance;

2.4.3. provide recommendations about your compliance rights, remedies, defences, or strategies;

2.4.4. advise on how the compliance applies to the facts of a particular situation;

2.4.5. act as your compliance counsel or represent you in disputes; 

2.4.6. ensure your compliance with any law or regulations.

2.5. In relation to communication generally, to avoid misunderstanding, oral instructions should be confirmed in writing which includes email communications. There may be risks inherent in the nature of the particular mode of communication in relation to privacy or confidentiality, timeliness or effectiveness. We do not insure you against those risks, which you accept and acknowledge.

2.6. In relation to email communication or other means, it is not possible to guarantee the security and absolute confidentiality of such transmissions. You accept the risk of disclosure of such communications due to the nature of the medium.

2.7. We or the community members may make a referral or advisory for you upon your request. In such cases, it is up to you whether or not to engage the professional suggested or consume a product or more and, if you do, the relationship is purely between you and the company.

2.8. Integrations

2.8.1. Engagera integrates with third-party software to provide a full service to our users. While we take into account industry standards, security level, and functionalities in choosing our integration partners, we are not responsible for any issues or loss arising from the use of any third-party software. Your access and use of the third-party software is governed by the terms of service or user agreement of that software.

2.9. Change of service

2.9.1. We may at times suspend or discontinue any feature, plan, or any part of our services, including the support of certain devices or platforms. Our services may also be effective by acts of nature or force majeure events.

2.10. Accessing our service

2.10.1. We make every effort to ensure that our Services are always available, but our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We do not guarantee that our services will be free from bugs or viruses. You are responsible for configuring your information technology, computer programmes, and platform in order to access our Site and our App. You should use your own virus protection software.

Section 3 Your Account

3.1. Accuracy Obligation: In registering for an Engagera account, you must provide truthful and accurate information about yourself. If it is likely to be used to make a decision that affects a particular individual, or if it is likely to be disclosed to another organisation within the technology platform.

3.2. You must safeguard your password to the services and keep your account information current.  Do not share your account credentials or give others access to your account. 

3.3. If you become aware of any unauthorised use of your password or account, you must notify the Engagera Contact Us immediately. You must also immediately login to Engagera and change your password. 

3.3.1. Please drop us an email at dpo@engagera.co for our data privacy office to initiate an investigation.

3.4. If and when we detect that a login has been used by multiple users, we will treat this as a serious breach of security and Engagera may suspend or terminate your account. 

3.5. We also have rights to disable any password, whether chosen by you or allocated by us, at any time if we believe you are in breach of these Terms.

Section 4 Your Responsibilities

4.1. You must also bear in mind that “Community Collaboration” is subject to interpretation which may differ from case to case based on factual circumstances shared by Business Users and Regular Users based on their experience. If you are in doubt as to your contractual rights or obligations, you must consult a professional services (example: medical advisory).

4.1.1. all consumers should still read every label every time or consult a manufacturer or restaurant or seek medical help. For legal binding information, please refer to actual Product box ingredients or Restaurant or medical doctor consultation.

4.2. You using the Site and App, you must not (Repeated in Community Guidelines Section 2):

4.2.1. upload any User Content (as defined in Section 5 below) containing any trade secrets or any proprietary or sensitive information;

4.2.2. engage in or encourage a criminal offence;

4.2.3. breach any applicable law or infringe the rights of any third party;

4.2.3.1. You acknowledged that you are joining at the applicable age, Enagera will not be collecting personal data birthday date for validation as our product and service will not be using it for customising our services.

4.2.3.1.1. Europe users must be at least 16 years of age. If you are under the age of 16, per requirement of GDPR (General Data Protection Regulation) do not use this site and App.

4.2.3.1.2. US users must be at least 13 years of age. If you are under the age of 13, per requirement of COPPA (Children’s Online Privacy Protection Act) do not use this site and App.

4.2.4. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

4.2.5. disseminate any harmful content of any kind, including without limitation: viruses, Trojan horses, worms, time bombs, zombies, bots or any other computer programming routines that may damage, spy-on, interfere with, intercept or expropriate any system, programme, data or personal information held by us;

4.2.6. inhibit any other person from using the Site and App;

4.2.7. interfere with or disrupt the security of the Site and App or the Engagera’s servers; or

4.2.8. attempt or permit any other person to do any of the above acts.

4.3. The Engagera trust all individuals and businesses to use the Site and App for the increased collaborations across the eco-system and in accordance with our Community Guidelines.

4.4. If you become aware of misuse of the Site and App by any person, any errors in the content on the Websites, or if you have any difficulty in accessing or using the Websites, or any questions about these terms, please contact the Engagera Operations team via Engagera Contact Us Community or our corporate email at ContactUs@engagera.co.

Section 5 User Content Inputs

5.1. During your “Community Collaboration”. We allow you and other users to public information of (Repeated in Community Guidelines Section 6):

5.1.1. upload product, ingredient, recipe, processing information and other data to our services; and 

5.1.2. upload, create, post, store and share contents, including messages, text, photos, videos, and other materials.

5.1.3. by submitting, posting, or displaying such content, you grant Engagera a world-wide, non-exclusive, royalty-free licence (with the rights to sub-license) to use, process, copy, modify, or publish such content in any media or through any distribution channels, subject to our Privacy Policy.

5.1.4. post and response to social media discussions.

5.1.5. When you delete an account with Engagera's Site and App, all content will not be deleted as your contribution is made public proprietary information of Engagera as the information will be helping others through their journey.

5.2. “Personal Productivity” (Saved, Calendar, etc) We allow you and your assigned family or friends to collaborate in your privacy space:

5.2.1. upload photos, health information and other data to our services; and

5.2.2. upload, create, post, store and share contents, including messages, text, photos, videos, and other materials.

5.2.3. When you delete an account with the Engagera’s Site and App,  your account content will be deleted as you retain your rights to any information or content you submit, post or display outside the “Community Collaboration” module. Any information stored in the account will not be recoverable, we recommend you migrate your data before you proceed with deletion of your account.

5.3. You must ensure that all User Content Inputs you submit to the Site and App complies with all applicable laws, whether local or international, and that you otherwise comply with this Section in relation to all such content.

5.4. You acknowledge and agree that it is a condition of your use of the Site and App that, in accordance with Section 4.2 above, no such trade secrets or proprietary or sensitive information is uploaded. 

5.5. You grant the Engagera:

5.5.1. “Community Collaboration” 

5.5.1.1. in respect of User Content Inputs, a non-exclusive, royalty-free licence to use your User Content Inputs only to the extent necessary for Engagera to provide public information; and  

5.5.1.2. in respect of your User Content, a perpetual, irrevocable, non-exclusive, royalty-free, worldwide and sublicensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through the Site and App, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.

5.5.2. “Personal Productivity”

5.5.2.1. in respect of your User Content, for Engagera to store these data on cloud.

5.6. The Engagera trust all individuals and businesses to use the Site and App for the increased collaborations across the eco-system and in accordance with our Community Guidelines.

5.7. If you have any concerns in relation to User Content Inputs please contact the Engagera Operation using the available Engagera Contact Us Community or our corporate email at ContactUs@engagera.co.

5.8. Without limiting Section 5.1 and 5.7, you acknowledge and agree that we may access User Content Inputs only to the extent necessary for the purposes of maintaining the security and functionality of Engagera Site and App, including software bug remediation.

Section 6 Membership Subscriptions Payment Terms

6.1. You may apply to become a member of the Engagera Regular User or Business User in accordance with the information on the Site and App.

6.2. The Engagera Regular User or Business User Memberships run on an Annual Subscription Basis (Membership Year / Subscription Period), and the full amount will be charged for new or renewal memberships.

6.3. The Engagera Regular User or Business User Membership Subscriptions prices are as displayed on the App. 

6.3.1. Upgrade of Subscription, the price will be prorated with no extension date to the membership period.

6.3.2. The prices stated on the App excluding or including GST will depend on Google Play Store and Apple Play Store In-App Subscription model which the App needs to comply with. 

6.3.3. The price includes Google Play Store and Apple Play Store surcharge linked to their Developer Program. 

6.3.4. Terms used in this Section that are defined by Google Play Store and Apple Play Store In-App purchase.

6.4. The Engagera may change its prices in respect of the next Membership Year or Subscription Period at any time, and will notify members and subscribers at least 1 month prior.

6.5. When you make a Membership Subscriptions application, you warrant that the information you provide to the Engagera for the purposes of the application is true and correct, and you must notify the Engagera of any changes to the information.

6.6. If you are an individual applying for Engagera Membership

6.6.1. Regular Membership User Subscription, you warrant that you are creating the account for yourself and not for any other person.

6.6.2. Business Membership User Subscription on behalf of an organisation, registered business, incorporated body or other legal entity (Business), you warrant that you are authorised by the Business to apply for, maintain and pay for the Engagera Membership, and to bind the Business to these terms, on behalf of the Business.

6.7. You must not apply to multiple accounts within the subscription or membership period. Individual Associate Members must not apply for Engagera membership for any person other than themselves.

6.8. You agree to auto Membership Subscriptions where the amounts will be automatically deducted by Google Play Store and Apple Play Store when the annual Membership is due for renewal. You must keep your credit card details up to date in Apple and Google Play Store to avoid any invalid payments.

6.9. Any failure of payment for renewal of Membership Subscriptions due to expiration, insufficient funds or otherwise of your credit card in Apple and Google Play Store. Your subscription will be suspended at the end of Membership date. Your Membership account will not be automatically deleted, unless you have initiated the request from your Profile page. 

6.10. You may cancel automatic renewal at any time up to 24 hours before my renewal date by deselecting the “Auto-Renew Subscription” in the Apple and Google Play Store.

6.11. For termination and refund, please refer to Section 15 for more information.

Section 7 Intellectual properties

7.1. Copyright

7.1.1. All content included in or made available through any Engagera services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of SDCH Pte Ltd or its content suppliers and protected by Singapore and international copyright laws. The compilation of all content included in or made available through any Engagera services is the exclusive property of SDCH Pte Ltd and protected by Singapore and international copyright laws.

7.1.2. If you wish to reproduce any text or images or content from the Site and App you must contact the Engagera for consent, which may be withheld in the Engagera’s absolute discretion.

7.2. Engagera respects the intellectual property rights of others and asks that you do too. In the event of suspected copyright infringement, please contact the Engagera Operations team via our corporate email at ContactUs@engagera.co. We will respond to notices of alleged copyright infringement that comply with applicable legal requirements and properly provided to us.

Section 8 Feedback

8.1. We value and welcome feedback on our Services and any suggestions on how we can improve. You agree that we are free to use, disclose, adopt, and/or modify any feedback and information (including any ideas, concepts, proposals, suggestions, or comments) provided by you to us in connection with the Services and/or use of the Service (“Contact Us”) without any payment to you. You hereby waive and agree to waive any rights to claim for any fees, royalties, charges, or payments in relation to our use, disclosure, adoption, and/or modification of any of your feedback.

Section 9 Links

9.1. The Site and App may contain links to other websites that are external to the Engagera. The Engagera has no direct control over the content or operation of the linked websites and is not responsible for such content or operation. Inclusion of any linked website on the Site and App does not imply approval or endorsement of the linked website by the Engagera.

9.2. The Engagera trust all individuals and businesses to use the Site and App for the increased collaborations across the eco-system and in accordance with our Community Guidelines.

Section 10 Cookies

10.1. In reference to Privacy Policy Section 6.3, the Engagera respects the privacy of individuals and will deal with personal information collected via the Site and App for the purposes disclosed on the Site and App and in accordance with our Privacy Policy.

Section 11 Privacy

11.1. Use of your personal Information: If applicable, we use any collected personal data for the sole purpose of the delivery of our service. We do not sell, rent or lease the personal data to any third party.

11.2. Our Technology Platform developed Cloud Storage will be mainly based in Singapore and US; and the backup servers will depend on our Thirdparty provider. This will be reviewed, revised, migrated based on user locations.

11.3. A small number of our officers, employees and agents have limited, need-only access to customer data, and may only access that data to service a request from a customer. Please note that the metadata of User Content (i.e. content that has been entirely stripped of any personal identifiers) is used internally by Engagera to continually improve the product experience. We will never use or disclose identifiable User Content in any way without your specific consent (unless we are required by applicable laws or regulations or at the request of a government or law enforcement authorities or officials to do so).

11.4. The Engagera respects the privacy of individuals and will deal with personal information collected via the Site and App for the purposes disclosed on the Site and App and in accordance with our Privacy Policy.

Section 12 Access to Site and App

12.1. Although the Engagera will take reasonable steps to ensure otherwise, and to the extent permitted by law, the Engagera does not guarantee

12.1.1. you will be able to access the Site and App at all times;

12.1.2. your access will be uninterrupted or secure;

12.1.3. that the Site and App security procedures will be error-free;

12.1.4. that your User Content Inputs will be safe from unauthorised access;

12.1.5. that unauthorised third parties will never be able to circumvent our security measures or those of our third party service providers;

12.1.6. the Site and App and servers are free of viruses and bugs.

12.2. The Engagera respects the privacy of individuals and will deal with personal information collected via the Site and App for the purposes disclosed on the Site and App and in accordance with our Privacy Policy.

Section 13 Liability, indemnity, no assurance

13.1. Liability

13.1.1. We will act in good faith to ensure our services are met as soon as reasonably possible and to the best of our abilities. You will indemnify us against defamation or financial penalties incurred as a result of a non-compliant due to any non-adherence by the organisation or its employees, on any implemented products, best practices or advisory by Engagera.

13.1.2. To the extent permitted by law, the liability of the Engagera, its officers, employees and agents in respect of the supply of products or services under these terms and in respect of negligence is limited to the amount of the payments made by you to the Engagera for them.

13.1.3. To the extent permitted by law, in no event will the Engagera, its officers, employees or agents, be liable to you or any third party (whether in contract, tort or otherwise) for any special, indirect or consequential loss or loss of profit (whether special, indirect or consequential or not) arising under these terms, from your use of the Site and App, your reliance on any information on the Site and App or results obtained through the Site and App, or in any document or tool that can be downloaded or accessed from the Site and App, or any technical failures, delays in operation or transmission or malfunctions in equipment or software.

13.1.4. To the extent permitted by law, the Engagera’s liability in respect of consumer guarantees is limited to:

13.1.4.1. in the case of products, either supplying the products again or paying the cost of having the products supplied again; and

13.1.4.2.  in the case of the services, either supplying the services again or paying the cost of having the services supplied again.

13.2. Indemnity

13.2.1. You agree to indemnify SDCH Pte. Ltd., its officers, employees and agents from all claims, liabilities, losses, damages, costs and expenses (including all legal costs, whether incurred or awarded) suffered or incurred by the Indemnitees in relation arising from any unauthorised access to or use of any User Content Inputs to any breach by you of your obligations under these terms. 

13.2.2. Except to the extent such claims and liabilities are caused or contributed to by the Engagera’s breach of these terms.

13.3. No assurance

13.3.1. We strive to provide the best services, but there are certain things that we cannot guarantee. The Services (including all content and documents provided in or generated by our Site and App) are provided on an “as is” and “as available” basis. No assurance, representation, or warranty of any kind is made, whether express or implied, about the Services. In particular, Engagera (SDCH Pte. Ltd.) entity expressly disclaim any warranties of merchantability or fitness for a particular purpose and non-infringement of our Services While we make every effort to ensure the quality of our Services, the Engagera (SDCH Pte. Ltd.) entity make no representation or warranty that:

13.3.1.1. the information or content provided as part of our Services will be entirely correct, up to date, accurate, adequate, reliable, free from defect or error or omissions, suitable for a particular purpose, or legally sound;

13.3.1.2. our Services are free from bugs or viruses;

13.3.1.3. your correspondence with us will be free from interception, corruption, error, delay, or loss;

13.3.1.4. our Services will meet your requirements or sufficiently address your needs in any specific circumstances;

13.4. Exclusion of other terms

13.4.1. Except for terms that cannot be excluded by law, all terms other than those expressly contained in these terms are excluded.

13.4.2. Nothing in these terms limits any of your rights under the Singapore law.

Section 14 Change of these terms

14.1. We may revise these Terms from time to time in order to reflect the latest improvements or enhancements made to our Services or latest changes in applicable laws or regulations. If we make any material changes to these Terms, we will notify you in-app notification or by email to the email address registered with us. If you do not agree to any revised Terms, you should cancel your subscription. By continuing to use our Services after the changes come into effect, you agree to be bound by the revised Terms.

Section 15 Termination and refund

15.1. These Terms and Conditions will continue to apply until terminated by you or us as follows. You may stop using our Services at any time.

15.2. If you choose to unsubscribe to the account, your access to “Personal Productivity” will be deactivated, it will be achieved but can be reactivated at any time upon subscription payment.

15.3. If you choose to delete your account with Engagera, “Community Collaboration” User Content will be retained on the Site and App. “Personal Productivity” User Content will be deleted. The Engagera respects the privacy of individuals and will deal with personal information collected via the Site and App for the purposes disclosed on the Site and App and in accordance with our Privacy Policy.

15.4. The annual subscription fees will not be a prorated refund upon cancellation, your subscription access will be available for you to use until the end of the subscription period. (v1.1 updated 17 Feb 2025)

15.5. The Engagera reserve the right to suspend and terminate your access to the Services if:

15.5.1. You are in serious or repeated breach of these Terms;

15.5.2. You are using the Services in a manner that would cause a real risk or harm or loss to us, other users, or the public;

15.5.3. We are requested to do so by government or regulatory authorise or as required under applicable laws, regulations, or legal processes; or

15.5.4. Our provision of the Services to you is no longer possible. 

15.6. We will notify you by the email address associated with your account or at the next time you attempt to access your account unless we are prohibited from notifying you by law. Upon termination of your access, these Terms will also terminate except for Sections 5 to 14.

15.7. We will report any breach of these Terms or the Acceptable Use Policy to law enforcement authorities where we think fit, and we will cooperate with such authorities by disclosing your identity and providing any information in your profile and “Community Collaboration” User Content about you within our systems to them.

Section 16 Waiver and severability

16.1. Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted, reflecting our intent as closely as possible.

Section 17 Assignment of rights

17.1. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights to any of our holding companies, affiliates, or subsidiaries, or to any successor in interest of any business associated with the Services.

Section 18 Dispute resolution

18.1. We wish to address your concerns without going through a formal legal process. Before filing a claim against Engagera, you agree to try to resolve the dispute informally by contacting Engagera Contact Us. 

18.2. We will respond to you by email as soon as practicable; however a lack of response shall not be deemed to constitute any acquiescence or waiver. We will try our best to resolve the dispute informally within 30 days.

18.3. If the dispute is not resolved within such a period, you or Engagera may bring a formal proceeding. Engagera and you will agree that all disputes , controversies, and claims arising out of or in relation to the Services, these Terms (including the existence, validity, interpretation, performance, breach, or termination thereof) shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SGIAC”) under the UNCITRAL Arbitration Rules in force when the notice of arbitration is submitted, as modified by the SGIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules. 

18.4. The law of arbitration shall be Singapore law and the place of arbitration shall be Singapore. The number of arbitrators shall be one, except where the amount in dispute exceeds USD 50,000, in which case the number of arbitrators shall be three. The arbitration proceedings shall be conducted in English. 

18.5. For the avoidance of doubt, any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Notwithstanding the foregoing, you or Engagera may bring an individual action in a small claims court. You agree that, by entering into these Terms, you and Engagera are each waiving the right to bring an action in a court of law (save the small claims court) or to participate in a class action.

18.6. For the avoidance of doubt, any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Notwithstanding the foregoing, you or Engagera may bring an individual action in a small claims court. You agree that, by entering into these Terms, you and Engagera are each waiving the right to bring an action in a court of law (save the small claims court) or to participate in a class action.

Section 19 Governing Law

19.1. These terms of use are governed by and must be construed in accordance with the laws of Singapore.

19.2. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Singapore and all courts that have jurisdiction to hear appeals from these courts and waives any right to object to proceedings being brought in those courts for any reason.

Section 20 Miscellaneous

20.1. There will be no third-party beneficiaries to this Terms & Condition or Membership Subscription, including but not limited to, any insurance providers or either party.

20.2. Nothing contained in these terms of use creates an agency, partnership, joint venture, employment, or  franchise relationship between the Engagera and you or any of the Engagera’s or your respective officers, employees, agents or contractors

20.3. We will not be responsible or in any way liable to you nor have any termination or other rights, arising out of or relating to any failure by us to perform or any hindrance in the performance of our obligations under this Letter of Engagement if such failure or hindrance is caused by events or circumstances beyond such non performing our control, including acts of God, war, labour strike, terrorist act, fire, flood, earthquake, health epidemic, any law, Order, regulation or other action of any governing authority or agency thereof.