Gryphline Store Terms and Conditions

[Last Updated: 2024.7]

 

Welcome to Gryph Frontier’s website (the “Website”). This Website is Gryph Frontier’s official online store (Gryphline Store) where you can purchase official Gryphline merchandise. Gryphline, the global publishing brand of Hypergryph, is dedicated to delivering unique and high-quality gaming experiences to players worldwide. Currently, the titles to be launched under Gryphline include Arknights: Endfield, Ex Astris, and POPUCOM. Gryphline is also expanding its global presence by offering comprehensive services such as R&D support, localisation, marketing, and customer service.

 

The Website and Services are provided to you (“User”, “you” or “yours”) by [Gryph Frontier Pte. Ltd. (“Gryph Frontier”, “we”, “us” or “our”). The “Services” we provide or make available include (a) the Website, (b) the products and/or services provided by us made available through the Website, and (c) Website Content (as defined below), including any modifications or updates from time to time.

 

These Terms and Conditions form a binding agreement between us and you, and governs your access to and use of the Website and/or Services (including your order and purchase of our products). Please note that these Terms and Conditions includes and incorporates by reference (i) our Privacy Policy, accessible at “Privacy Policy”, which explains how we collect, use and process your personal data, (ii) other applicable terms and conditions applicable for the time being in force accessible at “User Agreements” and (iii) the Documentation (as defined below) (collectively, “Agreement”).

 

Please read the Agreement carefully before accessing our Website and using our Services. This Agreement has the same force and effect as if it were executed in writing between you and us. By accessing or using any part of the Website and/or Services, you acknowledge and agree that (i) you have read, understood, and agree to be bound by the terms of the Agreement, and (ii) you have the capacity to form a binding contract with us. If you do not agree to any terms of the Agreement, or do not have the capacity to enter into the Agreement, you may not access or use the Website and Services.

 

If you want to contact us with specific queries, requests or concerns in relation to these Terms and Conditions, please contact us at cs.store@gryphline.com.  

 

1. OURENTITIES

1.1 For the purposes of the Agreement, "Affiliates", in relation to a party, means any entity which controls, is controlled by, or is under common control with such party (where "control", including its correlative meanings such as "controlledby", "controls" and "under common control with", means, the direct or indirect power to direct or cause the direction of the management and policies of a corporation, whether through the ownership of voting securities, by contract, or otherwise).

 

2. AGE REQUIREMENTS AND PROTECTION OF MINORS

2.1 Our Website and Services are not intended for users under the age of 14. You may not access or use our Website and Services if you are under the age of 14.

 

2.2 If you are above the age of 14 but under the age of 18 or considered a minor in your jurisdiction, you must obtain your parent or legal guardian’s consent before using our Website and Services. Please have them read the Agreement with you.

 

2.3 If youare the parent or legal guardian, by allowing your child / ward to access or use our Website and Services, you acknowledge and agree that you have read, understood and agree to be bound by the terms of the Agreement, and are responsible for your child / ward’s activities on our Website and Services. You shall guide your child / ward in using our Website and Services, and shall be liable in the event your child / ward uses our Website and Services in breach of the Agreement or applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time, including the common law as may be applicable from time to time and any applicable industry codes or standards which are of a mandatory and binding nature (collectively, “Laws”).

 

3. REVISIONS TO THE AGREEMENT

3.1 We reserve the right to revise the Agreement (including Privacy Policy and User Agreements), or to amend or issue new user guides, guidelines, notices, operating rules, policies and instructions or other documentation and terms and conditions governing your access to and use of the Website and Services (including new features or functionalities in the Website and Services) (collectively, “Documentation”) at any time.

 

3.2 We will use commercially reasonable methods to notify you of such revisions, such as by a notice on the log-in screen, by emailing you, or by providing a notification to your Account (as defined below). Your continued access to or use of Website and/or Services after such notice had been given and such revised Agreement or new Documentation had come into effect shall constitute your acceptance of the revised Agreement or new Documentation (as the case may be).

 

4. USER ACCOUNT

4.1 Account Registration
  • You may be required to register an account with us (“Account”) in order to access or use certain features or functionalities on the Website or receive certain Services.
  • You may register for an Account by providing us with your registration information (such as your name and a valid email address) (“Registration Data”), setting a password, and agreeing to the Agreement on the registration page.
  • We reservethe right to require you to provide additional Registration Data at any time to verify your identity.
  • We have the absolute right and discretion not to allow you to register any Account and/or use the Website or Services (without providing any reason).

4.2 Use of Account

By registering for an Account, you acknowledge and agree that: 

  • the Registration Data (including personal data) which you have provided to us are true, accurate, current and complete, and you will promptly update the Registration Data to keep it true, accurate, current and complete;
  • you will not create an Account using a false identity or information, or on behalf of anyone other than yourself;
  • you shall be solely responsible for maintaining the confidentiality and security of your Account (including your username and password), and shall not allow another person to use your Account to access the Website and Services. You shall contact usimmediately if you have reason to suspect that the confidentiality of your Account has been compromised, or if you suspect or become aware of any unauthorised use of your Account or any other breach of security;
  • notwithstanding anything in this Agreement, you shall be responsible for any access to and/or use of the Website or the Services, any actions taken on, and all operations of, the Website and Services, and any information, data or communications that occur under or through the use of your Account or are referable or traceable to your Account (including without limitation to any Services accessed or activated, and any payments or purchases made under your Account). Weshall be entitled (but not obliged) to act upon and hold you responsible and liable for such action, as if such actions were carried out by you. You also agree to indemnify us entirely against any and all losses attributable to any access to and/or use of the Website and/or the Services referable or traceable to your Account;
  • you shall access and use the Website and Services in compliance with this Agreement, the Documentation, and all applicable Laws; and
  • weshall not be liable to you for any harm or loss arising from or relating to the theft of your Account, disclosure of your Account, or the use of your Account by another person or entity.

 

4.3 Suspension or Termination of Account

Unless otherwise prohibited by applicable Laws, we reserve the right to, at our sole discretion, temporarily or permanently suspend or terminate your Account, or impose limits on or restrict your access to and use of the Website or Services with or without notice at any time for any or no reason including:

  • if you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or we havereasonable grounds to suspect that any Registration Data you provide is untrue, inaccurate, not current or incomplete;
  • if we havereasonable grounds to believe you have violated, or are about to violate, the Agreement or any applicable Laws, or that your Account may have been compromised;
  • if activities occur under your Account which, in oursole discretion, would or might cause damage or losses to us or any users (whether yourself or other users), impair our ability to provide the Website or Services, or infringe or violate any third-party rights (including Intellectual Property Rights (as defined below));
  • if you decline to disclose such information required for the continued usage of the Website or Services;
  • in response to requests by any governmental authorities, regulatory authorities, law enforcement agencies, courts, tribunals or judicial bodies (collectively, “Governmental Authorities”);
  • to address or respond to technical or security issues or problems, or to allow for repairs, maintenance or the introduction of new functionalities or services;
  • if your Account is, in our sole discretion, used to carry out any fraudulent, illegal,unethical or improper activities, including but not limited to fraudulent order placements and payments, scalping (purchase of products in bulk with the intent of reselling), and creating artificial demand or scarcity;
  • if your Accountis, in our sole discretion, used to harass, insult, threaten or abuse our employees or personnel; or 
  • pursuant to your request.

We shall not be held liable for any losses suffered by you arising out of or in connection with such suspension or termination of your Account.

 

4.4 Deletion or Disablingof your Account

  • You may request for us to delete or disableyour Account if the following conditions are satisfied:
the Account belongs to you;
there are no outstanding transactions under the Account; and 
there are no unresolved disputes or proceedings connected to the Account (including without limitation to complaints, reports, litigation, arbitration and regulatory investigations).
  • Please be aware that you are unable to initiate the disabling of the Account from your end. Should you wish to disable your Account, we  kindly ask that you contact us at store@gryphline.com.
  • Please note that if your Account is deleted or disabledby you or terminated by us:
you will no longer be able to access or use your Account;
we will not be able to help you find, retrieve or produce any content, information, data or records uploaded to the Website, created in the Website, transmitted to your Account, and/or stored in the Website under your Account, or otherwise related to your Account. Accordingly, you should periodically back up such content, information, data or records as you may require; and
anyAccount deletion, disabling or termination is  
  • You acknowledge and agree that the disablingor termination of your Account shall not relieve you of any liability or obligations arising or that have arisen during or from your use of our Website and Services.
  • While we respect your decision to delete or disable your Account, please note that depending on your prior use of your Account, we may still berequired under our internal policies or applicable Laws to retain certain content, information, data or records related to your Account.

 

5. PURCHASE OF PRODUCTS

5.1 We may display and make available for purchase products on the Website as part of the Services. The information page (“Information Page”) relating to a product will specify the product details.  

 

5.2 You may place an order for a product using the Website. By making an order, you acknowledge and agree that:

  • you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of us which has not been stated expressly on the Information Page or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by us;
  • the order is irrevocable and unconditional upon transmission through the Website, and we are entitled but not obliged to accept your order without your further consent; and
  • unless you receive a notice from us that your order has been accepted, no legally binding agreement regarding the sale of the product in question exists between you and us.

5.3 You shall make payment using any of the payment methods available on the Website and/or Services (“Payment Methods”). In this regard, you acknowledge and agree that:

  • while we may make available one or more Payment Methods on the Website, we do not operate or provide any payment services. The payment services behind each of the respective Payment Methods are provided to you by the relevant service providers (“Payment Service Providers”), and your use of such payment services may be subject to you entering into separate agreements or arrangements with such Payment Service Providers, which we are not a party to. We shall not be liable for, and you shall release us from, any obligations or liabilities that may be owed by you to your bank, debit or credit card company, or Payment Service Provider under any agreement or arrangement between you and such Payment Service Provider;  
  • we shall not be liable for any losses for any failure, disruption or error in connection with your chosen Payment Method;
  • we do not provide you with the service of accepting money for the purpose of executing or arranging for the execution of a payment transaction;
  • we do not provide any online payment gateway or related services and such services are provided by third parties;
  • we do not, and do not purport to, operate a payment service regulated under the Payment Services Act 2019. Consequently, we owe no duties and do not purport to owe any such duties (whether contractual or otherwise) to you in relation to the receipt of such money. You acknowledge that we are not licensed, approved or registered under the Payment Services Act 2019 and you may not be afforded the relevant protections set out in the Payment Services Act 2019 and related subsidiary legislation, regulations, circulars, notices, directions and guidelines;
  • you shall be responsible for all taxes and transaction charges associated with your payments; and
  • if you fail to make any payment pursuant to the terms and conditions of the elected Payment Methods or payment is cancelled for any reason whatsoever, we shall be entitled to cancel or suspend delivery of the products until payment is made in full.

 

5.4 Notwithstanding anything in this Agreement, we may cancel any agreement regarding the sale of our product with immediate effect by written notice to you if:

  • the product in question becomes unavailable for any reason;
  • you are in breach of any obligation under this Agreement;
  • the product in question has been mispriced on the Website; or
  • the Information Page of the product in question provides a wrong description, illustration or specification of the product in question.

 

5.5 Risk of damage to or loss of any product shall pass to you when the product has been delivered to you. Notwithstanding delivery and the passing of risk in the products to you, the property in the product shall not pass to you until we have cleared funds payment in full of the purchase price of the product agreed to be sold by us to you for which the payment is then due.

 

5.6 Before the property in the product pass to you, you shall hold the product as our fiduciary agent and bailee and shall keep the product separate from your other property. In addition, we shall be entitled at any time to demand you to deliver up the product to us. In the event of non-compliance, we reserve our right to take legal against you for the delivery of the product and compensation for any losses suffered.

 

6. LICENCE AND INTELLECTUAL PROPERTY

6.1 User Licence

  • Subject to the terms and conditions of this Agreement, during the Term(as defined below), we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, and non-assignable license to access and use the Website and Services and Website Content (defined below). (“User Licence”)
  • Unless otherwise prohibited by applicable Laws, you acknowledge and agree that wemay terminate your User Licence at any time for any reason or no reason.

6.2 Intellectual Property

  • We and ourthird-party licensors own all rights, titles and interests (including without limitation to Intellectual Property Rights) in and to:
the Website, Services, and Documentation;
 
text, graphics, images, photographs, videos, audio, music, sounds, illustrations, tools, information and content contained in the Website, Services and Documentation (“WebsiteContent”);
 
any trademarks, service marks, trade names, domain names, website names, other significant brand features or specific descriptions which will allow a third party to identify usand/or our Affiliates (including without limitation to the “GRYPHLINE” logos) (collectively, “Proprietary Markings”);
 
all updates, derivatives and modifications developed or derived from the Website, Services, and Documentation, including without limitation to any software, source and object codes, algorithms, data models, technology, web pages, layout design, and electronic documents to the Website and Services;
 
any reports or data generated by usin the course of providing the Website or Services to you;
 
any intangible ideas, residual knowledge, concepts, know-how and techniques related to or learned from ourprovision of the Website or Services, including, without limitation, any intangible ideas, residual knowledge, concepts, know-how, and techniques related to any new features for the Website or Services, whether or not created for you; and
 
any operation and technical data relating to the Website and Services (including without limitation to user Account information, Registration Data, operation records, and service orders).
 

 

      (collectively, the “Brand Intellectual Property”).

 

  • Other than the limited User Licence set forth in this Agreement to BrandIntellectual Property, we do not grant you any rights to Brand Intellectual Property and reserves all rights therein.
  • You shall not, and shall not permit any other person to:
access or use BrandIntellectual Property except in accordance with the terms of and otherwise permitted under this Agreement;
 
display, use, apply for registration any Proprietary Markings;
 
represent to any other persons, that you have the right to display, use or to otherwise dispose of Proprietary Markings;
 
modify, alter, remove, delete or destroy any Proprietary Markings placed upon or contained within the Website, Services or any Documentation; or
 
take any action which would cause the Website and/or Services or any part thereof to be placed in the public domain or to become open-source software.
 
6.3 In this Agreement, “Intellectual Property Rights” means patents, trademarks, service marks, copyright, know-how, design rights, database rights, rights in software, rights in designs and inventions, trade secrets, confidential information, trade and business names and brands, internet domain names, any application (whether pending, in process or issued) for any of the foregoing and any other industrial, intellectual property or protected right similar to the foregoing (whether registered, registrable or unregistered) in any country and in any form, media, or technology now known or later developed.

 

7. USER OBLIGATIONS

7.1 General
  • You shall access and use our Website and Services in compliance with this Agreement, the User Agreements, and all applicable Laws;
  • You shall not use the Website or Services:
for any unlawful purposes or criminal activity;
 
to carry out any fraudulent, illegal, unethical or improper activities, including but not limited to fraudulent order placements and payments, scalping (purchase of products in bulk with the intent of reselling), and creatingartificial demand or scarcity;
 
harass, insult, threaten or abuse our employees or personnel; or
 
to buy any illegal products or services or products prohibited under applicable Laws;

 

  • In using the Website and Services, you shall not:
 
impersonate any person or party or falsely declare, distort or misrepresent your affiliation with any person or party;
 
attempt to gain unauthorised access to or otherwise interfere with the performance, operation or functionality of any part of the Website or Services, or any computer facilities of and/or accessed through the Website;
 
make the Website or Services available to, or use the Website or Services (or any part thereof) for the benefit of anyone other than yourself;
 
rent, lease, lend, sell, resell, sublicense, assign, distribute, publish, or lease the Website or Services (or any part thereof) or otherwise make available to any third party for any reason, or include the Website or Services in a service bureau, time-sharing, or outsourcing offering;
 
interfere with or disrupt the integrity, performance, operation or functionality of the Website or Services, or any information and content contained thereon;
 
copy, adapt, modify, prepare derivative works based upon, transfer, publicly display, transmit, or otherwise exploit the Website or Services, including any function or feature thereof;
 
use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or similar tools) to “scrape”, collect or download any information and data from the Website or Services;
 
access the Website or Services in order to build a competitive product or service or otherwise to compete with us;
 
reverse engineer, disassemble, or otherwise attempt to derive or gain access to the source code or infrastructure of the Website or Services or any part thereof;
 
attempt to probe, scan, or test the vulnerability of the Website or Services, any of oursystem or network or breach any security or authentication measures, or otherwise attempt to benchmark the Website or Services or our performance of any services;
 
upload, store on, or transmit or make available through the Website or Services any computer code, files, scripts and programs, including any malware and/or software, that is intended or known to be harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorised disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, keyloggers, trojans, ransomware and any other type of threats (collectively, “Harmful Code”); or
 
provide any competitor of us(including any employee or contractor of such competitor) with access to or use of the Website or Services (or any part thereof), including by read-only access, direct access through your identification and password information, or otherwise.

 

7.2 Enforcement

You acknowledge and agree that we reserve the right to:

  • monitor your access to or use of the Website or Services to ensure your compliance with this Agreement or applicable Laws;
  • investigate and prosecute violations of this Agreement or applicable Laws;
  • report any suspicious or unlawful activities occurring on or through the Website and Services to relevantGovernmental Authorities;
  • consult and cooperate with relevant Governmental Authorities; and
  • suspend or terminate the User Licence granted to you under this Agreement and/or remove or disable your access to and use of the Website or Services (or any part thereof) at any time and without prior notice for any reason or no reason, including without limitation to circumstances where we, at oursole discretion, consider any of your actions or operations to be in violation of this Agreement or applicable Laws, is harmful to the Website or Services or any users of the Website or Services, or to comply with the order or requirement of any Governmental Authorities.

 

8. UPDATES AND AVAILABILITY

8.1 Your access to and use of the Website and Services do not entitle you to the continued provision or availability of the Website and Services. We may (but shall have no obligation) at any time, at our sole discretion, and without giving any reason or notice, introduce updates, bug fixes, patches, corrections, modifications, enhancements, new releases, new functionalities or features to, or remove or modify existing functionalities or features from, the Website or Services (“Updates”), without any liability towards you. All Updates will be deemed part of the Website or Services and be subject to all terms and conditions of this Agreement.

 

8.2 Notwithstanding anything in this Agreement, we shall not be held responsible or liable for any errors or disruptions in the Website and/or Services (“Errors”), or your inability to access or use the Website and/or Services (or any part thereof) (“Unavailability”) for any reasons, and any losses or damages you may suffer as a result of such Error or Unavailability, including where such Error or Unavailability is due in part or in whole to any of the following:

  • User Failure: Where the Error or Unavailability is in part or in whole due to you, including without limitation:
your access or use of, or attempt to access or use, the Website and/or Services in breach of this Agreement or non-compliance with your obligations under this Agreement;
 
connectivity issues with your internet connection, or
 
failure or incompatibility of your mobile phone, laptop, computer, tablet, smart watch and/or other hardware (“User Device”) or software components required in order for you to access or use the Website or Services which are not provided by us;

 

  • Maintenance: Where the Error or Unavailability is in part or in whole due to any scheduled or urgent suspension or restriction of the Website or Services to allow for Updates, upgrades, repairs, and maintenance of the Website or Services. Notwithstanding the foregoing, weshall have no obligation to provide any Updates, upgrades, repairs, and maintenance;
  • Force Majeure Event: Where the Error or Unavailability is in part or in whole due to any circumstance not within a party's reasonable control, including, without limitation to:
fire, storm, lightning, flood, drought, earthquake or other natural disaster or other similar acts of God;
 
epidemic or pandemic (including the COVID-19 pandemic);
 
terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
 
any Law or any action taken by a Governmental Authority, including without limitation to changes to Law, imposing an export or import restriction, quota or prohibition, or failing to grant a necessary license or consent;
 
any labour or trade dispute, strikes, industrial action or lockouts;
 
non-performance by suppliers or subcontractors; and
 
the unavailability, interruption or failure of utility services such as electricity, gas, water, telecommunications including the internet;
 

(Each a “Force Majeure Event”.)

  • any suspension or termination of your Account, access and/or use of the Website and/or Services in accordance with this Agreement; and/or
  • any other reasons not caused by or attributable to us, or beyond our

 

9. THIRD PARTY MATERIALS 

9.1 Wemay display, include or make available third-party content or provide links to third-party websites, products or services (collectively, “Third-Party Materials”) on the Website. You acknowledge and agree that your use or purchase of any Third-Party Materials are entirely at your own risk. 

 

9.2 Without prejudice to the foregoing, you acknowledge and agree that:

  • we may but shall have no obligation to monitor and review any Third-Party Materials, and shall not be responsible for such Third-Party Materials, including their accuracy, completeness, timeliness, currency, validity, copyright compliance, legality, decency, quality or any other aspect thereof;
  • we are not a party to any arrangement, transaction or contractual relationship between you and any third parties;
  • we do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials;
  • Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions;
  • we do not guarantee the continued availability of such Third-Party Materials, and may cease displaying, including or making available such Third-Party Materials at any time at our sole discretion without any liability to you;
  • we make no representations or warranties whatsoever, and shall not be liable for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur arising out of or in relation to your use of Third-Party Materials, any transactions completed in or through the same, nor for any contract entered into by you with any third party; and
  • we shall not be responsible for ensuring that any third partes will honour, perform or comply with any arrangement or agreement entered with you.

    9.3 You shall indemnify usagainst all costs, losses, liabilities and damages which arise from any action or claim against us from third parties in respect of your use of, integration and/or interface with Third-Party Materials and related data.

     

    10. USER DATA

    10.1 We will collect, use, disclose, and/or process your personal data in accordance with applicable Laws. By accessing and using the Website and Services, you acknowledge and agree that you have read, understood and consent to our Processing of your personal data in accordance with our policy.

     

    10.2 If you have any questions or complaints about personal data protection, you can contact us. Please refer to our Privacy Policy for our data protection measures and contact information.

     

    11. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNITY

    11.1 Disclaimer

    • You acknowledge and agree that to the fullest extent permitted by applicable Laws, the Website and Services are provided by uson an “as is,” and “as available” basis, with all faults. We expressly disclaim all warranties, representations, and undertakings of any kind, whether express, implied, statutory or otherwise, with respect to the Website and Services and/or the results that may (or may not) be achieved by the use of the Website and Services, including without limitation to all warranties of merchantability, third-party rights, title, satisfactory quality, fitness for a particular purpose, non-infringement, accuracy, timeliness or effectiveness, compliance with Laws, and any warranties arising from a course of dealing or usage or trade. 
    • Without limitation to the foregoing, we do not warrant or represent that:
    that the Website or the Services will meet your requirements;
     
    the use of the Website or Services will be or will remain to be permitted by Laws;
     
    the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Website or the Services;
     
    that the Website or the Services, or any material or information obtained through the Website or Services, will be provided uninterrupted, secure, or free from Errors or omissions;
     
    that the Website or the Services or any material obtained through or from the Website or Services are free from any Harmful Code;
     
    the security of any data or information transmitted by you or to you through the Website or the Services. In this regard, you acknowledge and agree that you understand that any material or information transmitted or received through the Website or Services may be accessed by unauthorised third parties, and accept the risk of such occurrences and shall not hold usliable for the same; and
     
    that any description or pricing of any products or services will be true, complete, accurate or up to date.
    11.2 Limitation of Liability
    • In no event shall webe liable to you for:
    any loss of earnings, revenue, profits, sales, contracts, business opportunity, business or anticipated savings;
     
    any loss of goodwill or loss of reputation;
     
    any loss or corruption of data;
     
    any damage to your User Device, or
     
    any incidental, consequential, exemplary, special, punitive, multiple, pure economic loss or other indirect losses,

    under any theory of liability, whether based upon warranty, contract, tort, statute, strict liability or otherwise, even if we have been advised of the possibility of such damages or losses, arising out of, resulting from or relating in any way to:

    your use or inability to use the Website or Services for any reasons;
     
    your reliance on any material or information made available through the Website or Services;
     
    the cost of procurement of substitute products or services resulting from any products, data, information or Services purchased or obtained or messages received for transactions entered into through the Website and Services;
     
    any unauthorized access to or alteration of your data or information;
     
    statements or conduct of any third party on the Website; or
     
    any other matter relating to the Website and Services.
     
    • Save with respect to death or personal injury caused by ournegligence, to the maximum extent permitted by Law, we shall not be liable to you for any death or personal injury, however caused and under any theory of liability, arising out of this Agreement or your use of the Website and/or Services, or resulting from or relating in any way to your use or inability to use the Website or Services.
    • To the maximum extent permitted by Law, in no event shall ouraggregate liability to you arising out of or related to this Agreement exceed:
    the amount of monies you paid in relation to the purchase or transaction on our Website from which your claim arose (if your claim relates to a purchase or transaction on our Website); or
     
    S$100.00 (for all other claims).
     
    11.3 Indemnity
    • You shall indemnify, defend and hold harmless us, our related corporations, our and our related corporations’ directors, officers, employees and agents (collectively, our "Personnel") from and against any and all claims, demands, actions, suits proceedings, damages, obligations, losses, liabilities, costs, penalties or expenses (including, but not limited to, legal fees incurred by us on a full indemnity basis) of whatsoever nature which may be suffered or incurred by us as a result of or in connection with:
    your use of the Website or Services or the results obtained therefrom;
     
    your dispute with any third parties or other User(s) of our Website;
     
    your breach of any terms of this Agreement, or any representations, warranties or undertakings under this Agreement;
     
    any damage or injury caused by you to any person and/or their property; and
     
    your infringement of any third party right (including any Intellectual Property Rights, property rights, or privacy rights).

     

    • You further acknowledge and agree that any Personnel shall be entitled to rely on and enforce the indemnity in Clause 11.3 as if such Personnel were a party to this Agreement.

     

    11.4 Reasonableness

    • You hereby acknowledge and agree that the disclaimer of warranties, limitations of liability and indemnity in this clauseand in the other provisions of this Agreement and the allocation of risk therein are essential elements of the bargain in our provision of the Website and/or Services, without which we would not have provided the Website and/or Services or entered into this Agreement, and accordingly such disclaimer, limitations of liability and indemnity are reasonable.

     

    12. TERM AND TERMINATION

    12.1 This Agreement shall commence on the date when you accepted this Agreement (as described in the preamble above) and remain in full force and effect while you access or use the Website and Services, until the earlier of (i) your deletion of your Account, or (ii) our termination of your Account in accordance with this Agreement (the “Term”).

     

    12.2 Upon any termination of this Agreement:

    • all rights and licenses granted to you (including the User Licence) shall cease, and you shall immediately discontinue use of the Website and Services;
    • your Account and related information, files and content associated with or inside your Account (or any part thereof), including your data, may be deleted from ourdatabase at our You acknowledge and agree that we will not have any liability whatsoever to you for deletion of your Account or your data; and
    • you shall promptly pay all unpaid amounts due to usas of the effective date of termination.  

    12.3 Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after the termination of this Agreement shall remain in full force and effect, including without limitation to Clauses 6(Licence and Intellectual Property), 7 (User Obligations), 9 (Third Party Materials), 11 (Disclaimers, Limitation of Liability and Indemnity), 12 (Term and Termination), 13 (Governing Law and Dispute Resolution) and 14 (General Provisions).

     

    13. GOVERNING LAW AND DISPUTE RESOLUTION

    13.1 This Agreement shall be governed by and construed under the Laws of the Republic of Singapore.

     

    13.2 Any dispute arising out of or in connection with this Agreement, 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 in accordance with the arbitration rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in 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.

     

    14. GENERAL PROVISIONS 

    14.1 No Third-Party Beneficiaries. No third party who is not a party to this Agreement (whether or not such person shall be named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to, or identified, in this Agreement) shall have any rights to enforce or rely upon any of the provisions of this Agreement.

     

    14.2 Partnership. Neither you nor we shall, by virtue of this Agreement, be deemed to be a partner or agent of each other, nor shall anything contained herein be construed as creating a partnership, joint association or trust, it is agreed that each party will be responsible only for its obligations under this Agreement, and neither party shall be authorised to represent or bind the other to any other person.

     

    14.3 Notices. Where we requirethat you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. All notices or other communications given to you will be deemed received by you on, if sent by email, the time at which the email was sent by us. You may only send us notices in writing to our designated address or email address. We shall be considered as having received such notice only upon receipt. Though we endeavour to respond to customer notices as swiftly as we are able, we cannot promise to always answer with consistent speed.

     

    14.4 No Waiver. No failure on our part to exercise, and no delay on our part in exercising, any right or remedy under this Agreement, will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof, or the exercise of any other right or remedy.

     

    14.5 Cumulative Rights and Remedies. Unless otherwise provided under this Agreement, the provisions of this Agreement and our rights and remedies under this Agreement are cumulative and are without prejudice and in addition to any rights or remedies we may have at Law or in equity, and no exercise by us of any one right or remedy under this Agreement, or at Law or in equity, shall (save to the extent, if any, expressly provided for in this Agreement 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.

     

    14.6 Assignment

    • This Agreement shall be binding upon and inure to our and your benefit, and any of our and your successors and permitted assigns. You may not assign or transfer any of your rights, benefits or obligations under this Agreement without our prior written consent. No assignment shall relieve or discharge you of any of your obligations or liabilities hereunder, notwithstanding any voluntary assumption by the assignee of such obligations and liabilities.
    • We shall be entitled, in our discretion, to delegate or subcontract the performance of any of our functions in connection with the Website, Services and our performance of our obligations under this Agreement, and reserve the right to use any service provider, subcontractor and/or agent on such terms as we deem appropriate.

      14.7 Severability. If a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of this Agreement will be amended to achieve as nearly as possible the intent of the parties, and the remainder of this Agreement will remain in full force and effect.

      [End of Document]