Date of last modification: 2023/12/19
This is an overview of some of the important rights and obligations
as set out in the Articles below. It serves as a quick reference,
which means that the summary is not meant to be complete and that only
the numbered Articles of these Terms of Use below are legally binding.
Therefore, please read these Terms of Use thoroughly for a full
understanding of your rights and obligations.
· We provide you a license to install the App on your Device for your
own personal use;
· You may use the App if you are 18 years or older and on the further conditions mentioned in
Article 2.1;
· You may terminate your use of the Service and the App at any time by
deleting your account;
· We provide you the service that is a social networking Mobile App and
widget that enables user to share images with others users.
· While using the App, you must comply with our rules, You may not
use the App for illegal purposes or for the purpose of harming the App
or its users in any way.
· You may not mislead other users of the App, which among other things
means that you may not use fake profiles or impersonate others.
Although it is prohibited, you should be aware that other users may
attempt to mislead you by using fake profiles or by impersonating
others;
· You are responsible for the Content that you share. Other users are
responsible for the Content they share in the same way. We do not
endorse any Content.
· You are responsible for reading our Privacy Policy and understanding
its terms.
The following subjects will be discussed in these Terms of
Use:
· 1.Introduction
· 2.Eligibility
· 3.Description of the App and the Services
· 4.Intellectual Property
· 5.Content and Behaviour
· 6.Your Data
· 7.Premium Services and paid Content
· 8.Third Parties
· 9.Termination
· 10.Liability
· 11.Indemnification
· 12.Warranties
· 13.General
1.1 Please read carefully the following provisions of these Terms and
Conditions of Use (“Terms”) to ensure that you understand its contents
before you use our software programs and related documentation (the
“App”) and any of the services enabled by the App (the “Services”).
(App and Services are referred to together as “Products”)
1.2 Should you require any further information or technical support,
please send an email to customer.service.weparty@wepartytt.com
1.3 You may use the Products only in compliance with these Terms and
all applicable laws, rules and regulations and you may only use the
Products if you agree to form a binding contract with us. These Terms
are a legal agreement made between you and SPACEZ TECHNOLOGY PTE.
LTD.. (“we”, “us” or “our”), regarding the use of the Products on your
device. By registering yourself to use the Products you enter into
these Terms with us. If at any time you do not agree to these Terms or
our privacy policy, please stop using the Products.
1.4 Our Products evolve constantly. Consequently, our Products may
change from time to time if we deem it necessary to improve the performance or security of our
Products, to change our features or composition, to comply with applicable laws and
regulations, or to prevent illegal activities on or abuse of our
Products. In these cases, such change will be notified to you in
advance, unless otherwies required by law or for maintenance of
service security or other urgent circumstances occur.
We may (i) stop (permanently or temporarily) providing the Products
or any features within the Products to you or to users generally; (ii)
retain the right to create limits on your use and storage within our
Products; (iii) remove or refuse to distribute your Content on the
Services, limit distribution or visibility of any Content, suspend or
terminate users’ account, and reclaim usernames without liability to
you in accordance with these Terms. We may offer certain Products or
features for a fee; by paying for or using one of these Products, you
agree to any additional terms applicable to that Product.
1.5 We may amend, supplement or replace the conditions of these Terms
as described in Article 13.5 below.
2.1 You may only use the App and/or Services if you are eighteen (18)
years of age or older and not barred from using the App or receiving
the Services under the laws of the applicable jurisdiction, and have
the legal capacity and authority to enter into this Agreement and form
a binding contract with us;
You may not use the Products if you are under 18. You may not use the
Products if you have been a convicted sex offender, accused or
convicted of any human trafficking or modern slavery crime; lacking
legal capacity; or legally prohibited, in any way, to use the Products
by the laws of the country you reside in;
You may not use the Products if you are located in a country that is
subject to a U.S. Government embargo, or that has been designated by
the U.S. Government as a "terrorist supporting" country; and if you
are listed on any U.S. Government list of prohibited or restricted
parties.
2.2 Any use, registration or access to the Products by a person who
does not fulfill the eligibility requirements above is unauthorized,
unlicensed, and in violation of these Terms.
2.3 You hereby affirm that you fully understand these Terms, and
represent and warrant that you are fully able and competent to enter
into the terms, conditions, obligations, affirmations, representations
and warranties set forth in these Terms, and to abide by and comply
with the terms and conditions of these Terms.
2.4 We may terminate your account, delete any Content or information
that you have posted on the Services, and/or prohibit you from using
or accessing the Products (or any part of the Services) if we do
believe that you do not fulfill the eligibility requirements
above.
Our aim is to give people the opportunity and ability to connect
with others around the world with meaningful conversations.
And give people a social networking Mobile App and widget that
enables people to share images with other users. To support this aim
we provide Products, (Apps and Services) as described below.
Connect and communicate with people and friends effectively. We help you connect and find people and friends across our
platforms. We use the data we have to help make personalised relevant
and meaningful connections and conversations. We use and have
developed technologies and designed our systems so that your
experience is consistent and seamless to help you connect and share,
through live video, chat, text, sharing photos, interests, videos and
conversation.
Research ways to make our Products and Apps better. We constantly look to improve our Products and carry out
research in order to develop and test our Products and provide new
ones. This includes analyzing data about our users and understanding
how they use our Products. This includes developing advanced
technologies such as automated method so that our Products can be used safely – for
example to improve our ability to detect and remove illegal
content.
Safety. Safety on our site is very important to us. We deploy technical
systems supported by dedicated teams to detect misuse of our Products.
Where we learn of improper content or conduct, we take action,
including, but not limited to blocking or disabling accounts. We share
data with our affiliates and third parties when we detect improper
content or conduct. You understand and agree that we may monitor or
review any and all Content that you transmit or share through our
Products, including your video chat screen, only for safety and
security reasons.
Global access to our Products. To operate our Products on a global basis we need to store and
distribute data around the world, including outside your country of
residence. This infrastructure includes third parties who help
support our Products as well as our Affiliates.
You warrant that you own the Device to which you are downloading the
App, or that you have the legal right to control the use of that
Device. You further agree to ensure that any other person whom you
permit to use the Products will do so in accordance with these
Terms.
We can choose to add additional features or functions, or to modify
the Products in any other way, for instance to improve performance,
enhance functionality, address changes to the operating system or
address security issues.
3.3 You may have to agree to a renewed version of the Terms in the
event you want to download, install or use any additional features or
functions or any modifications, updates or new versions of the
App.
3.4 You acknowledge that we may automatically issue any additional
features, functions, modifications, updates or upgraded versions of
the App and, accordingly, may modify, update or upgrade the version of
the App that you are using or have installed on your Device. You
hereby agree that your Device may automatically request and/or receive
such modifications, upgrades or updates.
3.5 We have no obligation to make available to you any additional
features or functions or any modifications, updates, support,
maintenance or subsequent versions of the App or any of the
Services.
The Products are not intended to replace phone lines and as such are
not built to support or carry emergency calls to any type of
hospitals, law enforcement agencies, medical care units or any other
kind of services that connect a user to emergency services personnel
or public safety answering points pursuant to applicable local and or
national regulatory requirements (“Emergency Services”).
3.7 There are important differences between traditional telephone
services and the Products. You acknowledge and agree that:
· We are not required to offer access to Emergency Services under any
applicable local and/or national rules, regulations or
law;
· it is your responsibility to purchase, separately from the App,
traditional wireless (cellular) or fixed line telephone services that
offer access to Emergency Services,
· We are not a replacement for your primary telephone service.
We reserve the right to exercise whatever lawful means we deems
necessary to prevent the unauthorized use of the App or Services,
including, but not limited to, technological barriers, IP mapping, and
directly contacting your wireless (cellular) carrier or device
manufacturer regarding such unauthorized use. If any personal data is
processed for this purpose, this shall be in accordance with
our Privacy Policy.
Our Products are protected by local copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. Our Products include trade secrets and information that is
confidential and proprietary to us and you agree to take all necessary
actions to protect the confidentiality of such information. All
ownership rights in the Products, including any related documentation,
graphic, image, illustration, design, icon, photo, and other related
phrases provided to users and any new releases, modifications, and
enhancements thereto, belong solely to us or our licensors, if any,
including all intellectual property rights therein. The App is
licensed to you, not sold. Except as provided in these Terms, you
shall not obtain any rights, title or interests in them, and shall not
modify, copy, rent, lease, loan, sell, distribute or create derivative
works based on them (either in whole or in part). There is no implied
license, right or interest granted in any copyright, patent, trade
secret, trademark, invention or other intellectual property right
subsisting in the App and/or Services. We hereby expressly reserve all
rights in the App and all Services, which are not expressly granted to
you hereunder.
Subject to your compliance with these Terms, we grant you a personal,
limited, non-commercial, non-exclusive, non-sublicensable,
non-assignable, revocable license to download, install and use, only
on your personal computer or mobile device (the “Device”) for the sole
purpose of your personal use of the App and any other applications
that may be explicitly authorized by us for use through the App as
permitted by these Terms.
4.3 By uploading, submitting, posting, displaying or otherwise
providing Content on or through the Products, you grant us and our
affiliates a worldwide, non-exclusive, royalty-free, unlimited,
sub-licensable and transferable license to use, host, store,
edit, perform, broadcast, rent, copy, reproduce, process, adapt,
modify, publish, transmit, display and distribute such Content in any
and all media or distribution methods now known or later developed
(for clarity, these rights include, for example, curating,
transforming, and translating). This license authorizes us to make
your Content available to others who may do the same. You agree that
this license includes the right for us to provide, promote, and
improve the Products and to make Content submitted to or through the
Products available to other users, companies, organizations or
individuals for the broadcast, distribution, promotion or publication
of such Content on other media and services – for example our Apps and
Services, subject to our terms and conditions for such Content use.
Such additional uses by us, or other companies, organizations or
individuals, is made with no compensation paid to you with respect to
the Content that you, transmit or otherwise make available through the
Products as the use of the Products by you is hereby agreed as being
sufficient compensation for the Content and grant of rights herein. In
addition, in order for us to prevent illegal use of your Content
outside our Products (if applicable), you agree to authorize us to act
on your behalf against any infringement with respect to your Content
in the App by users or other third parties. If your Content contains
personal data, your license to us and our affiliates is subject to
your rights granted by applicable laws regarding personal data
protection.
Unless applicable law expressly provides you with the right to do so,
you shall not, and you shall not permit anyone else to, directly or
indirectly:
· 1. copy, modify, adapt (including using in a collection), translate
into any language, perform, communicate with public via tools
transmitting signs, audio and visuals, distribute, or create
derivative works based on the App or any of the Services;
· 2. sublicense, sublease, lease, lend, assign, sell, license,
distribute, rent, export, re-export or grant other rights in the App
or Service to any third party, and any attempt by you to take such
action shall be void;
· 3. decompile, disassemble, reverse engineer, or attempt to
reconstruct, identify, or discover any source code, underlying ideas,
underlying user interface techniques, database or algorithms of the
Products by any means whatsoever;
· 4. remove, obscure or alter any copyright and/or other proprietary
notices or any contents thereof contained on or in or otherwise
connected to the App or any of the Services;
· 5. use the Products to create or proliferate any virus or to
circumvent any copy protection or other digital rights management
mechanism;
· 6. use the Products for any commercial purposes.
You may not:
· 1. use the Products for any illegal or unauthorized purpose;
· 2. use the Products to commit any acts in violation of applicable
laws, regulations, rulings, decisions, orders of the court and/or
administrative measures;
· 3. use the Products in any manner which could damage, disable,
overburden or impair the App or any of the Services;
· 4. use the Products to transmit worms, viruses or any code of a
destructive or malicious nature;
· 5. display, transmit or share any content consisting of text, sounds,
audio, pictures, photos, video and/or any type of materials,
information or communications (“Content”) deemed by us to be hateful,
threatening, pornographic, obscene, abusive, racially or ethnically
offensive, libelous or defamatory, or any Content that exhibits
physical violence or encourages conduct that would be considered a
criminal offense or bring forth civil liability, or any Content that
undermines, or are likely to undermine, public order or moral
customs;
· 6. attempt to hack, destabilize or adapt our website, the App (or its
source code) or any of the Services, or to falsely imply that another
website, app or service is affiliated with our Products;
· 7. use or access the Products by any means other than through the
interface provided or as required by us.
5.2 Prohibited behaviours are further described in our Community
Guidelines. Everyone using the App is expected to follow the
guidelines. This includes that you are only allowed to use photos of
yourself for your profile picture, that you may never lie about your
age and that you may not try to impersonate someone else’s identity or
create fake profiles in any other way.
5.3 Choosing to share your information in the App such as photos,
texts, screenshots, videos and other communications in the App with
other users, you agree that you may no longer be able to control how
that information is used and that it may become publicly available
(depending in part on your actions or the actions of the other users
with whom you have shared the information). It is also possible that
we may not be able to delete or remove user information if another
user chooses to take copies and distribute them.
5.4 Failure to comply with the Community Guidelines or these
Terms may result in your account being suspended or deactivated.
You are solely responsible for any Content that you transmit or
display through the App or Services.
5.6 When you transmit or display Content through the App or Services,
you grant us an unconditional, non-exclusive, royalty-free worldwide
license to use, reproduce, transmit, publish, display, distribute or
otherwise use this Content in the context of the App, the Services and
promotion of the Products. You may revoke this license by deleting the
Content from the App or Services. This does not affect any use of the
Content by us prior to the revocation.
5.7 You may not display any personal contact or banking information
on your individual profile page, or anywhere else on the App or
Service, whether in relation to you or any other person (for example:
home addresses or postcodes, telephone numbers, email addresses, URLs,
credit/debit card or other banking details). If you do choose to
reveal any personal information about yourself to other users, whether
via email or otherwise, you acknowledge that you do so at your own
risk.
5.8 If you share Content that is protected by intellectual property
rights, you represent and warrant that you are the creator and owner
of or have the necessary rights to transmit, display, perform or adapt
the Content and you agree to pay for all royalties, fees, and any
other monies owed to any person by reason of any of your
Content.
5.9 The Content you transmit, display, perform or adapt may
not:
· 1. infringe, violate, or misappropriate any third-party right,
including any copyright, trademark, patent, trade secret, moral right,
privacy right, right of publicity, or any other intellectual property
or proprietary right,
· 2. be incorrect or misleading;
· 3. slander, defame, libel, or invade the right of privacy, publicity
or other property rights of any other person
· 4. contain violent expressions, explicit sexual expressions,
discriminatory expressions concerning race, nationality, belief,
gender, social status, etc., or expressions that entice or promote
suicide, self-harm, drug abuse, and other expressions that contain
anti-social content and are offensive to others.
5.10 If you do not comply with the above, you may be subject to
criminal and civil liability and we have a right to immediately
(permanently or temporarily) terminate your account and/or delete or
make unavailable (all or part of) the relevant Content.
Although this is not allowed under our Community Guidelines and
these Terms, you understand and acknowledge that the Content,
including but not limited to information regarding personal and
physical appearance, transmitted, displayed or communicated by other
users through the Products may be incorrect, misleading, or edited
electronically in a manner that does not accurately represent such
user’s actual information or physical appearance, or may violate your
or third parties’ personal or intellectual property rights.
6.1 We process and store your data in compliance with our Privacy
Policy.
6.2 You understand that we can use carrier distributed mobile
messaging (SMS) to verify ownership of registered mobile phone numbers
in relation to the users of the App or Services. We use carrier
distributed mobile messaging for verification purposes and we will do
so only in accordance with our Privacy Policy.
6.3 We will use reasonable efforts to store or otherwise retain your
Content in relation to the Products.
6.4 You can choose to provide comments, suggestions, or feedback
relating to the Products (the “Feedback”) to us through the Feedback
submission channels provided to you or the “review” pages of Google
Play Store or Apple App Store or other application stores
(collectively, the “Application Stores”). You agree that we will have
an exclusive license to all rights to the Feedback and will be
entitled to use the Feedback for any commercial or other purpose
whatsoever, without any compensation or attribution to you or any
other person. We will not be required to treat any Feedback as
confidential. You agree that you do not acquire any right in or to the
Products (or any changes, modifications or corrections thereto) by
virtue of any Feedback. You also acknowledge that you are responsible
for whatever material is submitted by you, including its legality,
reliability, appropriateness, originality, and copyright.
From time to time, we may provide additional features and/or Services
that you request and pay for (“Premium Services''). We may also offer
from time to time in our sole discretion, certain Premium Services and
certain paid Content and items as part of the Products for free,
whether for a trial period or otherwise. Unless expressly stated
otherwise, references made in these Terms to the “Services'' shall
include the Premium Services and all types of paid Content and items
offered under the Services.
7.2 Any payment for the Premium Services and any paid Content and
items offered under the App or Services that you purchase will first
be made using the paid coins that you have purchased via the
App.
7.3 Subject to our sole discretion, the Premium Service and paid
Content and items under the App or Services may be offered either on a
subscription basis, per usage basis or as otherwise described at the
time of your purchase, and may be payable either in advance, in
arrears, per usage, or as otherwise described at the time of your
purchase.
7.4 If you purchase any Premium Service and/or any paid Content and
items offered under the Services or App, you hereby agree to pay all
charges to your account, including all applicable taxes and
transaction costs, in accordance with our standard billing terms in
effect at the time the charges are payable, regardless of whether such
costs are charged by the Application Stores. Before your purchase, the
full and final price of any Premium Service and/or any paid Content
will be displayed.
7.5 You agree to abide by any relevant third parties’ terms of
service or other legal agreements that govern your use of a given
payment processing service and/or method in relation to the App or
Services.
7.6 If you purchase Premium Services and/or any paid Content and
items under the Services on a subscription basis, you acknowledge and
agree that payments will be made on a recurring basis and by the
payment method and payment intervals you have selected, until such
subscription for Premium Services and/or paid Content and items is
terminated.
7.7 You agree that if you purchase Premium Services and/or any paid
Content and items through an Application Store, all payment related
questions, issues, disagreements and/or disputes regarding that
transaction with an Application Store shall be handled in accordance
with the terms of service or other legal agreement that governs your
use of a given payment processing service and/or method, and in no
event will we have any responsibility in connection with any of the
foregoing. You shall indemnify and hold us harmless from any
Application Stores’ claims as mentioned under this paragraph, even if
a court or administrative agency decides that we are be liable for
such question, issue, disagreement or dispute.
When you purchase any Premium Service and/or any paid Content or
item, you purchase digital content that we supply. Before you make the
purchase, you consent to us immediately performing the Service or
delivering the Content or item after your purchase. As a consequence
of this consent, you can no longer request a refund for that
particular Service, Content or item based on your right to withdraw
from a consumer purchase. The following Articles 7.10 and 7.11 only
apply in a situation where you made a purchase without giving consent
to immediately perform the Service or deliver the Content of the
item.
7.9 You may request a full refund for any Premium Service and/or any
paid Content and item purchased from an Application Store if permitted
by, and pursuant to the refund rules of the Application Store, subject
to the following exceptions: (1) refunds are not available to users
who are banned by us and/or its community; and (2) refunds are not
available for partially used purchases.
7.10 You may request a refund for any Premium Service and/or any paid
Content and item purchased outside of the Application Store within 14
days of purchase by contacting our customer service (see contact
details at Article 1.2 above) or by filling in the form attached to
these Terms, subject to the following exceptions: (1) refunds are not
available if they are not permitted by payment channels and/or
platforms; and (2) full refunds are not available for partially used
purchases. You acknowledge that, upon a successful request, your money
will be refunded in the same manner you used to make the original
payment.
· 1. As part of your use of the App and the Services you are automatically
part of the App loyalty programme, which rewards you for your use of
the Services according to the loyalty programme terms. You will
receive updates regarding your loyalty programme rewards via the
Loyalty program notification. You will also see the loyalty programme
rewards in your account in the App.
· 2. The loyalty programme will send to you notifications only about your
rewards.
· 3. The loyalty programme may be changed, amended or cancelled by us at
anytime and in our sole discretion.
The App may be incorporated into, and may itself incorporate,
software and other technology owned and controlled by third parties.
Any such third-party software or technology that is incorporated in
the App falls under the scope of these Terms.
For particular Devices, we may ask for your permission to use your
native SMS application to deliver messages or invitations to people
who are not registered users of the Products and with whom you choose
to communicate. Some of these services may charge additional fees,
which shall be incurred solely at your own cost and risk.
You may terminate your use of the App and/or Services at any time by
deleting your account.
Without limiting any other remedies, we may limit, suspend,
discontinue or terminate these Terms, your account and/or your use of
all or any part of the App and/or Services, your Content on the App
and/or Services, or reclaim your usernames, with immediate effect,
automatically, if we believe that you are or may be:
· 1. in breach of any of the terms of these Terms;
· 2. causing, or threatening to cause us to incur any legal liabilities
(actual or potential);
· 3. delinquent with respect to any charges due for a Premium Service
and/or any paid Content and items;
· 4. infringing a third party’s intellectual property rights or
personal rights or performing any forbidden activity listed under
Article 4.4; or
· 5. engaging in prohibited behaviours listed under Article 5.1,
including but not limited to child abuse, prostitution, pornography,
discrimination based on age, sex, gender, ethnicity, nationality,
profession, political stance, religion, scamming, consumption of
illegal drugs or substances.
You acknowledge and agree that we will not be liable with regard to
such limitation, suspension and termination of these Terms, your
account and your use of all or any part of our Products under the
abovementioned circumstances. We will notify you without delay of the reasons for any such
limitation, suspension or termination of these Terms, your use of our
Products or your Content, except in the event that the notification is
not permitted under applicable laws, regulations and policies
(including without limitation, a regulatory authority’s order, a
regulatory investigation) or we reasonably determines that such
notification may result in damage to the users, third parties, or us
(e.g., if it impairs the security of our Products).
In case of termination of your account by you or by us, for whatever
reason, your license to use the Service will immediately end and any
Premium Service you may have subscribed to will also end and any paid
Content you may have in your account will be deleted. After
termination of your account, you will not be entitled to a refund for
any paid Content or Premium Services that were connected to your
account prior to termination.
9.4 If you have subscribed to any Premium Service and/or any paid
Content, you agree that you are solely responsible for directly
terminating all payment obligations you may have with any Application
Store and/or payment processing service in connection with such
Premium Service and/or paid Content before deleting your
account. Any and all liabilities that occur as a result of your failure to do
so will be at your own cost and risk.
10.1 We are not liable for any damages based on your use of the App
or the Services, your ability to use the App or the Services or in any
way or for any failures in the App or Services. Your access to and use
of the Services and App or any content is at your own risk. You
understand and agree that the Services are provided to you on an “As
Is” and “As Available basis”.
10.2 If we are liable for any event, this liability shall be limited
to direct damages. This means that we are not liable for, among other
things, any consequential, indirect or reputational damages, any loss,
deletion, destruction or damage of or to your personal rights, your
data, your personal data or your device.
10.3 As some jurisdictions do not allow the enforcement of some of
the exclusions or limitations set forth in these Terms, some of these
exclusions or limitations may not apply to you. In such an event, our
liability will be limited to the maximum extent possible under
applicable law. Our liability for damages will never exceed the amount
of € 1500,- per event. These limitations of liability also apply
with respect to damages incurred by you by reason of any products or
services sold or provided by third parties other than by us and
received through or advertised on the App or any of the
Services.
10.4 Any limitations of liability as set out above do not apply
insofar as the damage has resulted from willful misconduct or gross
negligence on our part.
11.1 You hereby agree to indemnify defend and hold us harmless, as
well as our licensors, partners, and our respective affiliates,
officers, directors, employees, contractors and suppliers
(individually and collectively ), from and against any and all claims,
actions, liability, damages and costs, including reasonable attorneys’
fees incurred by such parties, in connection with or arising out
of:
· a). your violation or breach of any term of these Terms or any
applicable law or regulation, whether or not referenced herein;
· b). your violation of any rights of any third party;
· c). your use or misuse of the Products; or
· d). your Content or other communication displayed or transmitted by
means of the Products.
11.2 The above indemnification applies even if a court, an
administrative agency or any other dispute resolving or investigating
body decides we shall be held liable and/or imposes sanction on
us.
11.3 If you downloaded the App from the Application Stores, you
acknowledge that, if there is a claim by any third party that the
Products or your possession and use of the Products infringes any
intellectual property rights, only we are responsible for the
investigation, defense, settlement and discharge of such claim. We can
exclusively defend and control any matter for which you indemnify us,
at your expense. You agree to cooperate with our defense of these
claims, and you will not settle any matter without our prior written
consent.
12.1 The Products are provided to you “as is” and “as available” with
no warranties. We hereby, to the fullest extent possible, disclaim all
warranties, terms, or conditions, express or implied, either in fact
or by operation of law, statutory or otherwise, including, without
limitation, warranties, terms or conditions of merchantability,
fitness for a particular purpose, satisfactory quality, correspondence
with description, title, non-infringement, and accuracy of information
generated.
12.2 We do not warrant that the Content displayed or transmitted on
or through the Products will be uninterrupted, or free of errors,
viruses or other harmful components, and do not warrant that any of
the foregoing will be corrected. We do not warrant or make any
representations regarding the use of, or the results from the use of,
the App or Services.
12.3 Accordingly, you acknowledge and agree that we (and any
Application Stores from which you downloaded the App) will have no
liability in connection with or arising from your use of the App
and/or any of the Services. Your only right or remedy with respect to
any problems or dissatisfaction with the App and/or any of the
Services is to immediately uninstall the App and cease use of the App
and all Services. You further acknowledge that we (and Apple or
Google, as providers of Application Stores, where relevant) have no
obligation whatsoever to provide any maintenance or support services
with respect to the App and/or Services.
We do not guarantee the validity or compatibility of the App and/or
Services to your device and we are not responsible for your damages
and losses which arose due to faults, bugs, troubles on your Device,
App, information systems, online access point and network, errors of
design, interface, linking, virus infection, disconnection from
network, power outages and voltage volatility, regardless of whether
such damages and losses were foreseeable or advised to us.
If you downloaded the App from the Application Stores, you
acknowledge that the providers of those Application Stores shall have
no responsibility for addressing any claims relating to the Products
or your possession and/or use of the App or Services, including, but
not limited to: (i) product liability claims; (ii) any claim that the
Products fail to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or
similar legislation, without prejudice to this Article 10.
You acknowledge and agree that we have offered the App and/or
Services and set its prices in reliance upon the warranty disclaimers
and the limitations of liability set forth herein, that the warranty
disclaimers and the limitations of liability set forth herein reflect
a reasonable and fair allocation of risk between you and us, and that
the warranty disclaimers and the limitations of liability set forth
herein form an essential basis of the bargain between you and us. We
would not be able to provide the Products to you on an economically
reasonable basis without these limitations.
We may provide you with notices by email, notifications through the
App or posts on our website.
For notices provided via emails, such notice will be deemed to be
given twenty-four (24) hours after the email is sent. You are
responsible for providing us with your accurate contact details at all
times. Notice provided through the App shall be deemed to be given at
the time you read or view it. Notice posted on our website shall be
deemed to be given ten (10) days following the initial posting. We
reserve the right to determine the form and means of providing
notifications to the users.
We reserve the right to amend the Terms at any time as we deems
necessary to the maximum extent permitted by relevant laws and
regulations. We will publish the revised Terms on our website and
provide notice of such amendment by email or a notification through
the App. The revised Terms shall become effective following the
applicable notice period unless you expressly accept the revised Terms
earlier by clicking on the accept button (where relevant). Your
express acceptance or continued use of the Products after the
applicable notice period shall constitute your acceptance to be bound
by the terms and conditions of the revised Terms.
You are not allowed to assign these Terms or any rights or
obligations hereunder. We are allowed at our sole discretion to assign
these Terms and any rights hereunder to any third party, in accordance
with procedures set forth in relevant laws and regulations, and you
hereby provide your consent to such assignment. In case of assignment
to a third party, you are allowed to terminate your use of the
Services and App by deleting your account.
These Terms and our other policies mentioned herein represent the
complete agreement concerning the matters covered between you and us.
These Terms may be amended only in writing executed by both parties,
except as set forth under Amendments (Article 13.5) above. If any
provision of these Terms is held to be unenforceable, such provision
shall be modified only to the extent necessary to make it enforceable
and shall not affect the enforceability or validity of the remaining
provisions, which shall remain in full force and effect.
13.8 The provisions referred to in these Terms apply to the extent
that such are permitted under applicable law. In the event that
certain provisions are not permitted, those provisions shall not apply
to you, while the other provisions shall continue to apply.
Should we not exercise or enforce any right or provision of these
Terms, this will not constitute a waiver of such right or provision.
Any waiver of any provision of these Terms will be effective only if
in writing and signed by us.
The heading references used in these Terms are for convenience
purposes only and do not constitute a part of the Terms and will not
be deemed to limit or affect any of the provisions hereof.
You acknowledge that the obligations you agree to undertake with
these Terms are of a unique and irreplaceable nature, and that failure
to comply with them shall irreparably harm us and that such failure
cannot be compensated by monetary damages alone so that we shall be
entitled to injunctive or other equitable relief if it is available
under the applicable law (without the obligations of posting any bond
or surety) in the event of any breach or anticipatory breach by
you.
These terms are governed and construed in accordance with laws of
Singapore, and you consent and agree that any dispute arising out of or in
connection with these Terms, including any question regarding its
existence, validity or termination, shall be referred to and finally
resolved by [by arbitration administered by the Singapore
International Arbitration Centre] in accordance with its rules in
force at that time, which rules are deemed to be incorporated by
reference in this clause. The seat of the arbitration shall be
[Singapore]. The language of the arbitration shall be English. If you
are acting as a consumer and if mandatory statutory consumer
protection regulations in your country of residence contain provisions
that are beneficial for you, such provisions shall apply irrespective
of the choice of Singapore’s law.