Introduction:

These Terms of Service (“Terms”) describe the rules for visitors of GrtWines Platform (the “Platform”), our website at www.grtwines.com and our related websites, as well as users of applications or any other software, tools, features or functionalities in connection with our services thereon (collectively, the “Service”), including their accessing, downloading or using of any component of the Service; using, sending or receiving tokens or otherwise transacting with any component of the Service; and using, transferring, buying, selling or receiving the GrtWines’ Non-Fungible Tokens (“GrtWines NFTs”), which are ERC-721 standard tokens, which we may update from time to time at our sole discretion.

These Terms constitute a legally binding and enforceable agreement between you and GrtWine Digital Solutions Pte Ltd (Company Registration No. 202329018D), a private limited company incorporated under the laws of the Republic of Singapore with its registered address at 10 Anson Road, #23-05 International Plaza, Singapore 079903 , its affiliates and subsidiaries (collectively, “Company”, “we”, “our” or “us”). For the purposes of these Terms, “you” or “your” shall mean you as the user of the Service. If you are using the Service on behalf of a company or entity, you represent and warrant that (a) you have authority to bind that entity to the Terms; and (b) by accepting the Terms, you are doing so on behalf of that entity, and all reference to “you” in the Terms shall accordingly be construed to include you and that entity.

By using the Service, you agree to be bound by the Terms, and consent to the collection, use and disclosure of personal data described in our Privacy Policy (accessible at https://www.grtwines.com/privacy-policy), which is incorporated by reference into these Terms. You are advised to read the Terms and Privacy Policy carefully before using the Service. If you do not agree to the Terms or Privacy Policy, please cease your access and usage of the Service immediately.

The Service entails the provision of a mere technical intermediary platform that functions as a primary and secondary marketplace and facilitates customer-to-customer or peer-to-peer web3 service that helps users discover and interact with each other and purchase, sell or transfer the GrtWines NFTs. The Company is not a party to the sale and purchase transactions of the GrtWines NFTs through the Service. All information on the Service is strictly for general information only and does not constitute any advice whatsoever.

The Company is not a party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of the GrtWine NFTs that you purchase from third-party sellers using the Service and we make no warranties about the identity, legitimacy, functionality, or authenticity of users or the GrtWines NFTs on the Platform.

Acceptance:

You represent and warrant that you are of legal age and possess the legal right to drink alcohol, to accept the Terms and to use the Service in accordance with the Terms.

The Company reserves the right to terminate your account on the Service or restrict your use of the Service, without prejudice to any other legal right or remedy the Company may have against you, where you have acted in breach of these Terms. Additionally, all other licences granted by the Company will terminate automatically if you breach any of these Terms.

Validity:

The Terms shall remain in full force and effect if you have an account with us and use the Service. We reserve the right to suspend, disable, terminate or delete your account and/or your ability to access or use the Service at any time without notice if we believe that you have breached the Terms, or for any other reason, including but not limited to the following, with or without cause, in our sole discretion, and you acknowledge and agree that we shall have no liability or obligation to you in such an event and that you will not be entitled to a refund of any amounts paid to us:

1. You do not meet the minimum age to use the Service;
2. You fail any of our Know-Your-Client/ Anti-money Laundering checks and requirements;
3. The redemption window of the GrtWines NFT has expired; or
4. You are subject to the laws of a jurisdiction which do not allow for the activities contemplated in relation to the GrtWines NFT, the Platform and the Services.

Modifications:

These Terms were last updated on [26/10/2023]. We may modify these Terms in whole or in part, from time to time, at our absolute discretion and such modifications shall come into effect immediately. We may try to notify you of such modifications, for example, via a notice or pop-up notification on the Service or an email associated with your account. By continuing to access or use the Service, you agree to be bound by the new terms. If you do not agree to the new terms, you must stop accessing or using the Service.

Your account:

You must create an account to use the Service. By creating an account, you authorise us to collect and use certain information. To create an account, you must provide a valid email address and connect a third party blockchain wallet to our Platform. Please refer to our Privacy Policy for more details on the information we collect from you and how we use it.

It is your responsibility for maintaining the confidentiality of your account and all the activities that occur under your account. If you believe that your account has been compromised, please immediately notify us at: [email protected] .

By using a wallet for the Service, you agree that you are using the said wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with the Company, and we do not have custody or control over the contents of your wallet and we have no ability to retrieve or transfer its contents. We accept no responsibility for, or liability to you, in connection with your use of a wallet or your losses of access to your wallet or your loss of any GrtWines NFTs in your wallet. We make no representation or warranty whatsoever regarding how the service will operate with any specific wallet. You are solely responsible for keeping your wallet secure. If you discover an issue related to your wallet, please contact your wallet provider. We recommend that all users backup their wallets and keep them as secured as possible.

KYC Procedure:

You represent and warrant to and for the benefit of the Company that any information and documents provided to us in the “Know-Your-Client” (KYC) procedure, shall be accurate, complete, and not misleading, and you agree that you will keep such information accurate and up to date at all times. You undertake to notify us of any changes to the contents of the information and documents provided under the KYC procedure as long as you hold the GrtWines NFTs and that the funds utilised in connection with the relevant payments are not the proceeds of fraudulent, illegal or money laundering activities.

You consent to the collection, use and disclosure of your personal data by the Company, where applicable, for the purposes of KYC, Anti-Money Laundering and Counter-Financing of Terrorism due diligence procedures.

Before any GrtWines NFTs can be redeemed and delivered, full KYC must be completed.

Payment Terms:

Fees

When you use the Service, you may be required to make or receive payment for the purchase or sale of GrtWines NFTs in ETH or other cryptocurrency through your wallet, where applicable.

You are responsible for paying all fees, applicable taxes (if any) and associated costs charged by the Company in a timely manner with a payment mechanism associated with the Platform (including making payments using ETH or other cryptocurrency through your respective blockchain e-wallet that are independent of the Company). The payment transaction in consideration for the sale, purchase or transfer of the GrtWines NFTs takes place directly between you and the seller or purchaser of the GrtWines NFT, without the involvement of the Service or the Company, save that the Company only receives a commission for every transaction on the Service. The sale, purchase or transfer of the GrtWines NFTs, as well as transfer of ownership of the GrtWines NFTs from the seller to the purchaser will be completed by way of a blockchain smart contract on the Service, to which the Company is not a party as stated above.

By making payment on the Platform, you agree to the following:

1. The fees may be subject to variation in accordance with fluctuations in cryptocurrency at the time of payment;
2. Unless otherwise specified, you may make payment in specified cryptocurrencies only;
3. To declare and pay any local taxes as applicable on the payments made on the Platform;
4. That the actions of third-party logistics providers and payment platforms that you have selected from the options available on the Service are not within our control and by selecting a third-party logistics provider or payment platforms, you shall hold the Company harmless against all losses and damage caused by the actions of such third-party logistics providers or payment platforms;
5. Subject to our cancellation and refund policy, all purchases are non-refundable;
6. Taxes payable by you are calculated based on the billing information at the time of purchase; and
7. There will be gas fees charged to you for the processing of your transactions on the Ethereum network used by the Platform, payable directly to the Ethereum network, the amount of which may vary based on the Ethereum network's demand and congestion at any given time.

Overview of Platform usage:

The Platform is designed to streamline and simplify the purchase of wine from primary sources such as producers or negociants (collectively, “Producers”).

The Producers’ wine would be tokenised by the minting of GrtWines NFTs, each being an ERC-721 token representing a redemption certificate for a package of wine of a specified quantity (e.g. a number of bottles or cases) (“Wine Package”). The GrtWines NFT itself does not serve as an indicator of ownership of the Wine Package. Instead, it represents the right to receive the Wine Package upon redemption, subject to meeting the applicable criteria.

The GrtWines NFTs may be purchased on the Platform from the Producers initially. Thereafter, the GrtWines NFTs may be resold on the Platform to other users of the Platform or used to redeem the Wine Package from the Producers. (Any party purchasing any GrtWines NFTs on the Platform shall be referred to herein as a “Purchaser”, while any party selling the GrtWines NFTs on the Platform shall be referred to herein as a “Vendor”.)

Payment for the purchase of GrtWines NFTs may be made in ETH cryptocurrency and potentially other cryptocurrencies, which would be transferred directly from the Purchaser’s crypto wallet to the Vendor’s crypto wallet by operation of the Platform’s smart contract.

The Company will not hold or transfer any cryptocurrency or Wine Packages on behalf of the Purchasers, Vendors, or Producers. The Company does not provide any crypto wallet services.

Stages of the GrtWines NFT life cycle:

Allocation and pre-mint:

Producers will designate Wine Packages to be tokenized for listing and trading on the Platform, under a master agreement with the Company.

These Wine Packages will remain stored with the Producers until redemption.

The physical Wine Packages are identified with a unique GrtWines serial number placed on the package, corresponding to each GrtWines NFT

Minting and listing:

The GrtWines NFTs are minted and listed on the Platform for direct sale or sale by auction, with an issue price and redemption window specified.

Primary sales:

When a sale of a GrtWines NFT is made, the smart contract sends the ETH funds directly to the Producers' wallet and sends the mint fee to the Company's wallet.

Secondary sales:

After purchasing a GrtWines NFT, the GrtWines NFT holder will be able to resell their GrtWines NFTs on the Platform.

The Company will levy on each Purchaser a royalty fee at the rate of 5% of the value of the GrtWines NFTs being traded, which will be made in ETH or potentially other cryptocurrencies as you may decide and transferred directly from the Purchaser’s crypto wallet to the Company’s crypto wallet by operation of the Platform’s smart contract.

Storage:

Storage will be managed and controlled by each Producer, within their respective controlled network or infrastructure (“Storage”).

Storage fees will be included in the initial listing price but additional storage fees may be charged to Purchasers who wish to extend the period of Storage.

It is the Producer's responsibility to ensure that the Storage is kept in pristine conditions and all movements of the Storage facility will be visible on the Platform's blockchain.

The Producer may offer to provide to the GrtWines NFT holder, directly or through a third-party service provider, longer term storage services at a price agreed upon by the GrtWines NFT holder, the Company, and the Producer. Such arrangements will be noted on the Platform's blockchain.

Redemption of Wine Packages:

Each GrtWines NFT must be redeemed within the redemption window. The redemption window can be extended, upon agreement by the GrtWines NFT holder redeeming the GrtWines NFT (“Redeemer”), the Producer and the Company. The redemption window cannot be shortened.

Should the GrtWines NFTs not be redeemed within the redemption window, the GrtWines NFTs becomes void.

Upon redemption, the GrtWines NFT holder will need to provide full “Know-Your-Client” (KYC) requirements, proving their age and if required, proof of funds, addresses, and any other relevant background checks as required by the Company. Additionally, the Purchasers are required to adhere to any stipulations mandated by the shipping partner, as well as comply with the regulatory requirements of their respective jurisdictions, which pertain to the receipt of the Wine Packages.

As soon as the Wine Packages are redeemed, there will be a new NFT piece of artwork created and distributed to the Redeemer, which has the word “redeemed” printed over it.

Delivery of Wine Packages:

The Redeemer is required to pay for all expenses related to shipping and delivery of the Wine Packages, including taxes and duties. If for any reason, the Wine Packages are lost, damaged or unavailable, the Company and the Producers will offer the Redeemer replacement Wine Packages that are as close to its original Wine Packages in value and quality as possible. However, the replacement will not necessarily be an exact replacement of the initial product. Should the Redeemer not accept the replacement, the initial purchase price, being the price of the primary sale paid by the first Purchaser of the GrtWines NFT, will be returned to the Redeemer.

Your obligations:

You hereby represent, warrant and/or undertake the following:

Capacity:
(a) You are not prohibited (whether by reason of any statute, legislation, direction, order, ruling, principle or any rule or theory having the force of law wheresoever in force that is applicable to you (the “Laws”)) from holding, selling, offering for sale, purchasing, disposing of or otherwise dealing in GrtWines NFT, nor are you prohibited from holding, dealing, redeeming, possessing or consuming alcohol under the Laws.
(b) You are of the minimum age of contracting in your country of residence or where you are not, you have obtained all consents necessary to agree to these Terms;
(c) Where you are contracting on behalf of an entity, you represent and warrant that you are duly authorised to act on behalf of that entity and possess all consents necessary to enter into these Terms.

Nature of Service:
(d) The GrtWines NFTs, nor the Services, are not subject to regulation under the Payment Services Act 2019, the Securities and Futures Act 2001 or any mandatory regulatory scheme unless otherwise indicated. GrtWines NFTs are not securities, units in a collective investment scheme, derivatives contract, or spot foreign exchange contract.

Conduct on the Service:
(e)You must not engage in, or encourage or facilitate other users of the Service to engage in, unlawful, unlicensed, unauthorised, misleading, or fraudulent activities on or using the Service. Such activities include, but are not limited to, carrying out unlicensed financial activities; capital raising; misusing computer technology in any way whatsoever whether through web2 or web3 technologies or malicious scripts or actors to compromise or damage the Services in any way; using the Services to harm, defame, harass, offend, threaten, cause distress to or alarm any third parties to these Terms, including other users of the Services and to create accounts using bots or other means of automation.

Intellectual Property and Privacy:
(f) You must not distribute, licence, transfer, or sell, in whole or in part, any of the content of the Service, or create any derivative works thereof unless permitted to under these Terms;
(g) You will respect others’ privacy and intellectual property rights. For more information, please see the Company’s Privacy Policy.

Ownership:

All content, text, links, graphics, logos, icons, photos, audio, videos, visual interfaces, design, compilation information, data, computer code, products, software, the overall “look and feel” (e.g., page headers, button icons, and scripts) or other materials uploaded, downloaded or appearing on the Service (collectively, the “Content”) is owned and controlled by us and/or our licensors and is protected by worldwide copyright laws. Except as expressly authorised by the Company, you are not permitted to use the Content. “GrtWines” and its logos are trademarks of the Company and are owned by the Company. All other third-party trademarks, registered trademarks and product names on the Service or contained in the content linked to or associated with any NFTs displayed on the Service are a property of their respective owners who may not be affiliated with or connected to us. You agree to comply with all copyright, trademarks and other proprietary rights of such third parties when you use the Service. We are not responsible for any copyright, trademark or proprietary rights infringements caused by third party material on the Service.

Licence:

You may download or review the Content strictly for non-commercial purposes only, for which we grant you a limited, personal, non-exclusive, non-assignable, non-sublicensable, non-transferable and revocable licence for that purpose, subject to your complete and ongoing compliance with these Terms.

You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on the Service nor use any such Content in connection with any business or commercial enterprise. We reserve the right to terminate the limited licence granted by us if there is any unauthorised use of the Content.

Intellectual Property Rights:

We own (and are entitled to enforce) all proprietary rights in the Service, and in all Content, copyright, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains copyrighted material, trademarks, and other proprietary information by us and/our licensors. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.

Disclaimer:

(a) Information Disclaimer:
i. The information provided on the Service is for general information purposes only and does not constitute any advice.
ii. We do not guarantee the accuracy or reliability of the content on the Service, and we are not liable for any decisions made or actions taken based on such content.

(b) Blockchain and GrtWines NFTs:
i. We do not warrant or guarantee the reliability and suitability of the blockchains used in the Service.
ii. We disclaim liability for GrtWines NFTs and the Service, including their quality, safety, and legality.

(c) User Conduct and Interaction:
i. We do not warrant or guarantee the reliability and suitability of the blockchains used in the Service.
ii. We disclaim liability for GrtWines NFTs and the Service, including their quality, safety, and legality.

(d) Regulatory Status:
i. We are not regulated or licensed under the Securities and Futures Act 2001 or the Payment Services Act 2019.

(e) Data Accuracy and Reliance:
i. The accuracy and completeness of data, programmes, or materials accessed through the Service are not guaranteed.
ii. Users should conduct their own independent investigations and seek professional advice relevant to their circumstances before relying on any information access through the Service.

Assumption of Risk:

(a) The prices and value of GrtWines NFTs may fluctuate significantly and you accept and acknowledge all risks associated with holding, selling, purchasing or transferring GrtWines NFTs on the Service, including but not limited to subjectivity in the appraisal of its value, changes in its function by the Company, speculation, lack of interest, regulatory uncertainty and third party attacks.
(b) You may face the risk of losing access to GrtWines NFTs due to loss of private key(s), custodial error or acquiror error:
(c) Blockchain is a new and novel technology. While it is, by design through a decentralised ledger and cryptographic abilities, capable of providing a high level of provenance and security, there nonetheless remains risks of mining attacks, cyber-attacks, hacking and security weaknesses or other unpredictable malicious actors and scripts. The Company will take all steps that are commercially reasonable and customary to prevent or mitigate the impact of cyber-attacks. However, there can be no guarantee that the Company will be successful in preventing all cyberattacks on its systems and you are responsible for your own cyber hygiene.
(d) There are risks associated with secondary markets for the GrtWines NFTs, such as, but not limited to, the subjectivity of pricing in such secondary markets.
(e) While the underlying asset, Wine Packages are subject to certain representations and warranties as set out below, GrtWines NFTs, if lost, burnt, or otherwise compromised, are not insured.
(f) Changes in laws or regulations could negatively impact the Company and GrtWines NFTs, potentially leading to operational limitations or cessation in certain jurisdictions if compliance becomes impractical or undesirable.
(g) You must seek your own tax advice in connection with acquiring GrtWines NFTs, which may result in adverse tax consequences to you, including withholding taxes, income taxes and tax reporting requirements.
(h) You may face risk of disruption or dissolution of the Company.

Third party content:

The Service may contain references, links, hyperlinks to websites or platforms, referrals to or connections with or reliance on third-party resources, products, services or content including smart contracts developed or operated by third parties. Third parties may also offer promotions related to the Service. We do not control such websites or platforms nor do we review, control or monitor the materials found there. We do not endorse or assume any responsibility for any activities of or resources, products, services, content, or promotions owned, controlled, operated, or sponsored by third parties. If you access any such resources, products, services, or content or participate in any such promotions, you do so solely at your own risk. You hereby expressly waive and release us from all liability arising from your use of any such resources, products, services or content or participation in any such promotions. You further acknowledge and agree that we will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or your reliance on any such resources, products, services, content, or promotions from third parties.

Information, data, programs or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may infiltrate or become accessible through the Service due to circumstances beyond our control and we make no representation as to the suitability of the information accessible for viewing by minors or any other persons.

By using the Service, you will be assuming all risks associated with use of the website including risk of your computer, software or data being damaged by any virus which might be transmitted to or activated via the Service or your access to it.

Relationship:

Nothing in these Terms shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
You shall not have the right or authority to negotiate, conclude or execute any contract, perform KYC/AML compliance procedures or legal document with any third person in the name of the Company; to assume, create, or incur any liability of any kind, express or implied, against or in the name of any of the Company; or to otherwise act as the representative of the Company in relation to any NFT sale or offering, unless expressly authorised in writing by the Company.

Indemnity:

You hereby agree to defend, indemnify, and hold harmless to the fullest extent the Service, the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

Where you are an entity, you agree to defend, indemnify, and hold harmless to the fullest extent the Service, the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of the breach of these Terms by your representatives or officers.

Warranties:

We take utmost care in ensuring the authenticity, quality, and proper handling of the Wine Packages throughout the entire process, providing users with a reliable and enjoyable wine experience through NFT ownership:
(a) We ensure that the Wine Packages are sourced directly from known and respected wineries/negociants/suppliers and are governed by a master agreement.
(b) The Wine Packages are stored in a secure and controlled environment at the supplier’s storage (e.g. either at the source itself, or in negociants cellars in Bordeaux) until redemption, ensuring their authenticity and proper preservation.
(c) All Wine Packages will have a pre-defined redemption window, which will correspond to optimal drinking window for them. This allows Purchasers to have the wine stored, in perfect condition, until the Wine Packages have some bottle age.
(d) Each bottle/case in the Wine Package is uniquely identified with a GrtWines serial number and a special GrtWines sticker, providing clear and verifiable traceability of the wine’s origin and authenticity.
(e) With redemption, we deliver the Wine Packages through already established and licensed wine logistics companies.
(f) In the unlikely event that a corresponding bottle is lost, damaged, or unavailable, we will offer a suitable replacement bottle of comparable value and quality, or the option of a return of the original mint fee, ensuring customer satisfaction and protection. However, the replacement will not necessarily be an exact replacement of the initial product.

Save for the above, we make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; (iv) whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis; and (v) that other than the warranties and representations identified above concerning Wine Packages, your experience with the suppliers of the Wine Packages will necessarily meet any standard, guarantee, representation, warranty, quality or other feature howsoever arising.

To the maximum extent permitted under applicable law and save for such representations and warranties set out herein, we DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability:

WE DO NOT CONTROL OR DIRECT WHAT PEOPLE AND OTHERS, INCLUDING ANY THIRD-PARTY LOGISTICS PROVIDERS DO OR SAY, AND WE ARE NOT RESPONSIBLE FOR THEIR ACTIONS OR CONDUCT (WHETHER ONLINE OR OFFLINE, IN RELATION TO THE SERVICE OR THE GRTWINES NFTs) OR ANY CONTENT THAT THEY SHARE (INCLUDING OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL AND OTHER OBJECTIONABLE CONTENT).

WE CANNOT PREDICT WHEN ISSUES MAY ARISE WITH THE SERVICE. ACCORDINGLY, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCES WILL THE SERVICE OR THE COMPANY NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, DIRECTORS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE (DIRECTLY OR INDIRECTLY) IN ANY WAY TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY DIRECT OR INDIRECT ECONOMIC OR FINANCIAL LOSS OR DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, REPUTATION, INFORMATION OR DATA) OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES HOWSOEVER CAUSED OR ARISING FROM ANY BREACH OR FAILURE OF THE COMPANY TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS.

THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, DIRECTORS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Amendments:

The Company reserves the unfettered right to modify the Service with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You are responsible for regularly reviewing the content to obtain timely notice of such amendments. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any content on the Sites, limit distribution or visibility of any content on the Service, and suspend or terminate users, without liability to you.

Third-party rights:

No person who is not a party to these Terms shall acquire any rights under it or be entitled to benefit from it even if that person has relied on any such term or has indicated to any party to these Terms its assent to any such term.

Governing Law:

These Terms (and the Privacy Policy) shall be governed by and interpreted in accordance with the laws of the Republic of Singapore.
All disputes, controversies, or differences arising out of or in connection with these Terms shall first be attempted to be mediated and resolved internally between the Parties. The Parties hereto agree to participate in the internal mediation in good faith. The disputes, controversies or differences shall be referred within ten (10) business days to the Singapore Mediation Centre in the event the internal mediation does not work. The Parties agree to participate in mediation in good faith and undertake to abide by the terms of any settlement reached.
If the dispute cannot be resolved by mediation within sixty (60) days of the date that it is referred to mediation, then the dispute shall be submitted to the non-exclusive jurisdiction of the Courts of Singapore.

General:

(a)The Company does not warrant that your access and usage of the Service will always be safe and seamless in its operation. The Service may face delays, errors, service disruptions, time-outs and may even ‘hang’ (collectively, “Disruptions”). The Company shall not be responsible for any of these Disruptions and the Company disclaims liability for any claims, costs and damages known or unknown that may arise out of the Disruptions.

(b)You undertake not to utilise the Service to do anything unlawful and criminal in nature. You agree to indemnify, defend and hold the Company and its staff harmless from any loss, liability, claim or demand arising out of or in connection with your access and use of the Service and/or your breach of these Terms.

(c)The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.

(d)You shall not assign or purport to assign any of your rights or obligations under these Terms without the prior written consent of the Company and any such assignment or purported assignment shall be null and void.

(e)If at any time any provision in these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the remaining provisions of these Terms shall not be affected or impaired thereby.

(f)No failure on the part of the Company to exercise and no delay on the part of the Company in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under these Terms by the Company preclude any other or further exercise of it.

(g)These Terms contain the whole agreement between you and the Company relating to the subject matter hereof to the exclusion of any terms implied by law which may be excluded by contract and supersedes any previous written or oral agreement between you and the Company in relation to the matters dealt with in these Terms.

Google Analytics / Usage Information:

(a)We use Google Analytics to understand how our customers engage with our business so we can deliver better experiences and drive results.

(b)We may use cookies to track your activity on the Service or across other sites for marketing and data reasons.

(c)The Company gathers certain information and stores them in log files automatically in order to improve the services. This information includes operating system, internet protocol addresses, internet service provider, referring/exit pages, files viewed on the Service, date/time stamp, clickstream data and/or browser type. This information may be combined with other information the Company collects about users.

(d)The Company and/or its service providers may use local storage to store content information and preferences.