Welcome to the HABITAP mobile app (the “Platform”). Please read these Terms and Conditions carefully. The following Terms and Conditions govern your use and access of the Platform and the use of the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not access and/or use this Platform or the Services.
The access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.
If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms and Conditions and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.1. Definitions & Interpretation
Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions:
“Affiliate” means in relation to the Manager and Operator, any company which is affiliated to it, and a company is deemed to be affiliated to another if the first company is controlled by, under common control with or controls the other; a company shall be deemed to have control of another if (directly or indirectly) it owns a majority of the voting shares of, or is entitled (directly or indirectly) to appoint a majority of the directors of, the other company;
“Customer” means an authorised user of the Platform and/or the Services.
“Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
“Habitap”, “we”, “our” and “us” refer to the Manager and Operator, where relevant.
“Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
“Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.
“Manager and Operator” means Philip Tang & Sons Pte Ltd, the manager and operator of Habitap.
“Order” means your order for Products and/or Services sent through the Platform in accordance with the Terms & Conditions. “Password” refers to the valid password that a Customer who has an account with Habitap, its Platform and Services, may use in conjunction with the Username to access the relevant Platform and/or Services.
“Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.
“Product” means a product (including any instalment of the product or any parts thereof) available for sale to Customers on the Platform.
“Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
|(a)||contains any computer virus or other invasive or damaging code, program or macro;|
|(b)||infringes any third-party Intellectual Property or any other proprietary rights;|
|(c)||is defamatory, libellous or threatening;|
|(d)||is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996); and/or|
|(e)||is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.|
“Services” means services, information and functions made available by us an/or the Third Party Vendors on the Platform.
“Submission” is as defined in Clause 8.1 of these Terms and Conditions.
“Terms & Conditions of Sale” means the terms and conditions governing a Customer’s purchase of the Products and are set out at in the contracts between the Customer and the Third Party Vendor(s).
“Terms and Conditions” means the recitals, Clauses 1 to 15 and any Schedules to these terms and conditions.
“Third Party Vendor” refers to the vendors who are not the Affiliates of the Manager and Operator.
“Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
“Username” refers to the unique login identification name or code which identifies a Customer who has an account with Habitap, its Platform and its Services.
“you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
Interpretation: Any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions.
In the event of a conflict or inconsistency between any two or more provisions under these Terms and Conditions, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of Habitap and the provision which is more favourable to Habitap shall prevail.2. General use of Services and/or access of Platform
Licence grant: Subject to these Terms and Conditions, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Platform and/or Services. We reserve all rights not expressly granted herein in the Platform and/or Services. We may terminate this license at any time for any reason or no reason.
Guidelines to the use of Platform and/or Services: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
Restricted activities: You agree and undertake NOT to:
impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; use the Platform or Services for illegal purposes; attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services; post, promote or transmit through the Platform or Services any Prohibited Materials; interfere with another’s utilization and enjoyment of the Platform or Services; use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or Services; and use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
Upgrade of Platform and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services. You acknowledge that we may from time to time issue upgraded versions of the Platform, and may automatically electronically upgrade the version of the Platform that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms and Conditions will apply to all such upgrades. The foregoing license grant is not a sale of the Platform or any copy thereof, and we and our Third Party Vendors retain all right, title, and interest in and to the Platform and Services. Standard carrier data charges may apply to your use of the Platform and Services.
Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:
|(a)||monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action we deem appropriate to;|
|(b)||prevent or restrict access of any Customer to the Platform and/or the Services;|
|(c)||report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/|
|(d)||to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.|
We respect the rights you have under the relevant data protection laws. We collect, use and disclose personal data for purposes as notified to you or as permitted by law.
This statement may be modified from time to time.
If you have any enquiries, comments or suggestions about how we collect, use or disclose your personal data or this statement, please contact our Data Protection Officer by email at email@example.com.
If you would like to receive information about your personal data which we retain, to update such personal data or to withdraw any consent given, please contact our Data Protection Officer at the email address above.
Where you submit information through this Platform, you will be regarded as having agreed and consented to the collection, use and disclosure of all such information in the manner described herein.
Information you have submitted will be used and disclosed generally only for the purpose requested, for example, to help us manage and enhance our products and services, including by analysing future customer needs.
We reserve the right to use and disclose any submitted information to contact you and to comply with law, including disclosing
submitted information in response to
(i) a request made by any government authority or regulator; or
(ii) our service providers and specialist advisers who have been contracted to provide us with administrative, financial, research, professional or other services including insurance and credit services. You hereby consent to all such use and disclosure of submitted information by us and any service provider to us, within Singapore or otherwise, and such consent shall be valid until you withdraw your consent.
In addition to these Terms and Conditions, the use of specific aspects of the Services, may be subject to additional terms and conditions, which will apply in full force and effect.
Application of this Clause: In addition to all other terms and conditions of these Terms and Conditions, the provisions in this Clause 3 are the additional specific terms and conditions governing your use of the Services.
Use of the Services is limited to authorised Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 3(B).
General Terms and Conditions:
You agree to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith.
While we endeavour to provide an accurate description of the Services, we do not warrant that such description is accurate, current or free from error.
Fees for Services:
Certain aspects of the Platform and/or Services may be provided for a fee or other charge. All listed fees are subject to the relevant taxes, unless otherwise stated. We reserve the right to amend the listed fees at any time without giving any reason or prior notice.
Third Party Vendors:
You acknowledge that parties other than Habitap (i.e. Third Party Vendors) list and offer Services on the Platform. Whether a particular Service is listed on the Platform by Habitap or a Third Party Vendor may be stated on the webpage listing that Service. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Service to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer.
Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or
for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be:
(i) determined and issued to you by us; or
(ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password or if your Personal Data requires updating.
You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
(a) access to the relevant Platform and/or use of the Services by you; or
(b) information, data or communications posted, transmitted and validly issued by you.
You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorised by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Platform.5. Paid Subscriptions
By subscribing to our Platform and paying the applicable fees, where applicable, you become a “Customer” with access to certain password-restricted areas of the Platform and to use certain Services and Materials offered on and through the Platform (a “Subscription”). Each Subscription and the rights and privileges provided to a Customer is personal and non-transferable.
You agree to pay all applicable fees, where applicable, related to your use of the Platform and Services, all of which are described fully on the Platform. All payments will be made in advance in Singapore Dollars. We may suspend or terminate your Subscription, your account and/or your access to our Services if your payment is late and/ or your offered payment method (e.g., credit card) cannot be processed. By providing your credit card information, you expressly authorize us and/or our third party payment processor to charge the applicable fees on said credit card as well as any Taxes (as defined below) and other charges incurred thereto at regular intervals, all of which depend on your particular Subscription and utilized Services. You agree that we may invoice you any unpaid fees.
When you sign up for a Subscription, we (or our third party payment processor) will charge your credit card or debit card or via other authorised payment methods for your first fee on the date that we process the order for your Subscription. Once your credit or debit card is charged the first Subscription fee, you will receive a confirmation e-mail notifying you of your ability to access those Subscriber-only portions of the Site. We reserve the right to change prices for Subscriptions at any time, and do not provide price protection or refunds in the event of promotions or price decreases. We will notify you at least 30 days prior to any such changes and, if you do not agree to the new fees, you may cancel your Subscription at any time before the pricing takes effect.
IMPORTANT NOTICE: [All Subscription terms are for a period of one year, unless otherwise stated. Unless you cancel prior to the expiration of your current Subscription, we will automatically renew your Subscription for an additional year on each anniversary of the date that we charged your credit card or debit card or via other authorised payment methods for the first Subscription fee. At such time, we will charge your credit card or debit card or via other authorised payment methods with the applicable renewal Subscription fee and any Taxes (as defined below) that may be imposed on such fee payment. A receipt for such payment will be emailed to the account in our records that is associated with your Subscription.]
You may cancel your Subscription at any time by notifying Habitap at [firstname.lastname@example.org]. If you cancel within the first year, any fees charged prior to the effective date of cancellation will not be refunded, in whole or in part but, you will enjoy your Subscriber benefits until the expiration of the then-current Subscription term for which you have paid, and your Subscriber benefits will expire at the end of the then-current Subscription term. If you cancel after your first renewal, your cancellation will be effective 30 days after we receive your notice of cancellation, and you will be eligible for a pro-rata refund of any portion of the Subscription fees paid for any unused days of the then-current pre-paid term. You will enjoy your Subscriber benefits until the effective date of cancellation, and your Subscriber benefits will expire at that time.
All Subscription fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes, tariffs or other amounts attributable to your use of the Site and Services (collectively, “Taxes”). You are solely responsible for the payment of any such Taxes. In the event we are required to pay Taxes on your behalf, you shall promptly reimburse us for all amounts paid.]6. Log Data
When you visit the Platform, we may automatically record information that your browser sends whenever you visit a website or use the applications (“Log Data”). This Log Data may include information such as your Internet Protocol address, the browser type or the webpage you were visiting before you came to the Platform, pages of the Platform that you visit, the time spent on those pages, information you search for on the Platform, access times and dates, and other statistics. We may use this information to monitor and analyse use of the Platform and the services provided through the Platform, for the purpose of administration of the Platform, to increase the Platform’s functionality and user-friendliness, and to better tailor the Platform to our visitors’ needs.
For example, some of this information is collected so that when you visit the Platform again, it may recognise you and serve advertisements and other information which it believes to be in line with your interests. We also use this information to verify that visitors to the Platform meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyse and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.7. Device Information
In addition to Log Data, we may also collect information about the device you are using to access the Platform, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. To learn more about what information your device makes available to us, you are advised to check the policies of your device manufacturer or software provider.8. Cookies
Unlike persistent cookies, session cookies are deleted from your computer or mobile device when you log off from the Platform and close your browser or mobile app.
Third party advertisers and/or Third Party Vendors on the Platform may also place or read cookies on your browser or mobile app. You can instruct your browser or mobile app, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to enjoy the full functionality of the Platform and/or website.9. Intellectual property
Ownership: The Intellectual Property in and to the Platform and the Services are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law. Restricted use: No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners.
Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms and Conditions shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.10. Our limitation of responsibility and liability
No representations or warranties: The Services and the Platform are provided on an “as is” and “as available” basis. Services are provided by Third Party Vendors and we do not hold ourselves out as representatives, agents or contractors for these Third Party Vendors. Payments made by customers for the Services are made directly to the relevant Third Party Vendor via the Platform. All data and/or information contained in the Platform and the Services are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform or the Services. Without prejudice to the generality of the foregoing, we do not warrant: the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform or the Services; that the Platform or the Services will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected; that the Platform or the Services are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
Exclusion of liability:
Habitap shall not be liable to you for any direct or indirect loss and damage, loss of profits, revenue, goodwill, opportunity and business, whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: any access, use and/or inability to use the Platform or the Services; reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents; any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
At your own risk:
Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefor.
For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
We may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising our or our Third Party Vendors’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
Submissions by you:
You grant us a non-exclusive licence to use the materials or information or data that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.
Consent to receive e-mails:
You consent to and authorise the use by us and our Affiliates of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
Termination by us:
In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Platform and/or Services and/or disable your Username and Password. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a change of ownership or a breach of any of these Terms and Conditions or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform. Termination by you: You may terminate these Terms and Conditions by giving 30 days’ notice in writing to us.
Notices from us:
All notices or other communications given to you if: communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
Notices from you:
You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
Notwithstanding Clauses 11(A) and 11(B), we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
Cumulative rights and remedies: Unless otherwise provided under these Terms and Conditions, the provisions of these Terms and Conditions and our rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms and Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
Our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms and Conditions. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.
If at any time any provision of these Terms and Conditions shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.
Rights of third parties:
Save for our Affiliates, a person or entity who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms and Conditions.
Governing law and Dispute Resolution:
Use of the Platform and/or the Services and these Terms and Conditions shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts. Any dispute arising out of, relating to or in connection with this Terms and Conditions including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (the “SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference into this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. This shall not affect our right to seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms and Conditions, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms and Conditions. Our right to vary these Terms and Conditions in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms and Conditions.
Correction of errors:
Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
Money references under these Terms and Conditions shall be in Singapore Dollars.
These Terms and Conditions shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
Binding and conclusive:
You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
Sub-contracting and delegation:
We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
You may not assign your rights under these Terms and Conditions without our prior written consent. We may assign our rights under these Terms and Conditions to any third party.
Dated: 5 March 2019