The website “www.exxa.net” (the “Site”) and “EXXA” application for mobile devices (the “App”) and any logos, designs, artworks, labels, symbols and any other details including but not limited to those mentioned above are the sole property of EXXA NETWORK LIMITED and having its service office at 360, Orchard Road, #06-07 International Building, Singapore 238869 (the “Company”; “we”; “us” and/or “our”).
Your use of the Site and the App (collectively the “Platforms”), and of any information, content or services provided through the Platforms is entirely at your own risk. You understand that the Company does not guarantee or warrant the truth, accuracy, adequacy, completeness or reasonableness of the information and content on the Platforms and that the same is being provided for your use at your control.
Your use of the service, and the Company’s provision of the Platforms to you, constitutes an agreement by the Company and by you to be bound by these Terms.
“Product” refers to apps, portals or other services provided by us within our Platform.
“User” or “You” refers to you, i.e. any individual or legal entity who seeks to use the product provided on the Platforms.
“Business Day” refers to working days in Singapore and essentially refers to days on which banks in Singapore are operational or open for business or as may be declared by us.
“Applicable Law” refers to the laws, rules and regulations currently in force in Singapore (with reference to Clause 22 below) that are relevant to, and affecting, the provisions of this Agreement and to the Parties’ obligations hereunder.
(i) Any references to Clauses in these Terms refers to clauses defined within the scope of these Terms.
(ii) Words that impart the singular shall include the plural and vice versa. Words that impart a gender shall include every gender and references to persons shall include an individual, a company, a corporation, a partnership or a firm.
(iii) References to “includes” or “including” or similar words or expressions shall mean “without limitation”, i.e. including but not limited to.
3.1. To be able to use the Platforms, You must be over 18 years of age. In case You are under 18, but would like to use the Platforms, You can only do so with the involvement of a parent or a guardian.
4.1. You must not misuse the Platforms and Product. By misuse, it means that You shall not commit, partake or encourage any sort of criminal offence by law, transmit or distribute any malware or virus including but not limited to the Trojan horse, worm, logic bomb or post any other material onto the Site or the Mobile App which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene.
4.2. You must not hack into any aspect of the Platforms, corrupt data, cause annoyance to other users, infringe upon any other person’s proprietary rights, send unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platforms. Any breach of this provision would constitute a criminal offence under Applicable Law. In the event of such a breach occurring, the Company reserves the right to report the breach to the relevant law enforcement authorities and ensure appropriate legal action is taken.
4.3. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any of the Company’s content available on the Platforms or through a service except under specific circumstances expressly permitted by law or in writing.
4.4. The content on the Platforms are the copyrighted works of either the Company or its content/ software providers, and the Company reserves and retains all rights in the content. Use of the Company content available on the Platforms may be governed by the Terms of an accompanying end user license agreement.
5. COMPANY DISCLAIMERS
5.1. All Content contained on the Platforms are provided for informational purposes only. You further acknowledge that nothing contained on the Platforms or made available through the Platforms constitutes investment, legal, tax or other advice, nor is it to be relied upon in making any investment or other decisions. You should seek professional advice prior to making any investment decisions.
5.2. The Company, to the fullest extent permissible by law, disclaims all liability for any errors in, or omissions from, information or content posted on the Platforms. No warranty of any kind, whether implied or express, or statutory (including but not limited to, warranties of satisfactory quality, merchantability, title, fitness for a particular purpose, compatibility, non-infringement of third-party intellectual property rights, security or accuracy) is given in connection with the information and content of the Platforms.
5.3. You acknowledge and agree that the Company does not guarantee uninterrupted and error free usage of the Platforms at all times. Further, the Company does not guarantee that all defects on the Platforms will be cured or that the Platforms are free from any computer virus or malicious code.
5.4. The Company reserves the right to change, modify, suspend or discontinue the whole or any portion of the Product or the Platforms at any time. The Company may also impose limits on certain features or restrict your access to parts of or the entire Platforms without notice or liability.
5.5. You agree that the Company has the right, in its sole discretion, and without providing any Notice, to either restrict, suspend or terminate your account and/or restrict your access to any part of the Platforms without assigning any reason.
5.6. The Company may provide links to other websites and applications that are owned or operated by third parties (“Linked Sites”) that may be of relevance and interest to users. You agree that the Company has no control over the content of those Linked Sites, and is not responsible for any form of damage or loss that You may incur from viewing or browsing or using the Linked Sites or from the content on those Linked Sites. These include any damages You may incur through virus, malware, worms, errors or damaging material that may be present or embedded into such Linked Sites. Any Linked Sites featured on the Platforms does not constitute the Company’s endorsement, recommendation or verification of the Linked Sites’ content.
5.7. Under no circumstances shall it be construed that, in case of your access to and use of systems (including messaging systems), services, content, materials, products, applications or programmes of any third-party (“Third-party Systems”), the Company is a party to any transaction, if any, between You and such thirdparty or that the Company endorses, sponsors, certifies, or is involved in the provision of such Third-Party Systems accessible through the Platforms. Company shall not be liable in any way for your access to and use of the systems or for any products obtained and/or purchased from or services rendered by any such third-party, and You agree that the same shall be your responsibility or that of the relevant third-party.
5.8. You acknowledge and agree that You will be solely responsible for any access to or use of Third-party Systems through the Platforms. If You access or use any Third-Party Systems through the Platforms, You must comply with the relevant Terms for the access or the use of such Third-party Systems and be responsible for the registration and use of any user names or passwords required to connect to any Thirdparty Systems. In particular, should access to and use of Third-party Systems through the Platforms be prohibited (whether in full or in part) by such third-party Terms, please discontinue any such access and use as soon as possible upon becoming aware of or receiving notice of such prohibition from the relevant third-party.
5.9. Use of the App does not include the provision of a mobile device or other necessary equipment to access it. To use the App you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.
LEGAL AND REGULATORY
6.1 Your Compliance with Applicable Law. You must comply with all applicable laws, regulations, licensing requirements and third-party rights (including, without limitation, data privacy laws) in your use of the Platforms.
We make no promise that the Services and/or the contents and materials of the Services are legal, appropriate or available for use in your location. You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit you from using or accessing the Services. From whatever location you choose to utilise the Services, you do so on your own initiative and are responsible for compliance with local laws and we shall not be liable for any claims, infringement, charges, penalties, fines and or losses of any nature whatsoever
6.2 Export Controls and Sanctions. The Company operates the software underlying and required for Your use of the Platforms, including the App from Singapore and it is possible that some downloads from the App could be subject to government export controls or other restrictions If you download anything from or use the App, You represent that You are not subject to such controls or restrictions. The Company makes no representation that anything is appropriate, permissible or available for use outside Singapore, and using the App from territories in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited. If you choose to access or use the Platforms, you do so on your own initiative and are responsible for:
a) ensuring that what You are doing in that country is legal;
b) ensuring that You are not a citizen, lawful permanent resident or domiciled in any jurisdiction or country where such acceptance or usage of the Platforms and its services would be contrary to any law or regulation, or which would subject the Company, including their affiliates, or any of their products or services to any registration, licensing or other authorisation requirement within such jurisdiction or country. The Company shall reserve the right to refuse access to anyone who does not meet the required criteria as set out hereunder and by the applicable law. You agree that if Your country of residence or other circumstances change such that the above representations are no longer accurate, that You will immediately cease accessing and using the Platforms;
c) the consequences and compliance by You with all applicable laws, regulations, byelaws, codes of practice, licences, registrations, permits and authorisations (including any laws that relate to businesses providing services).
d) all access to the Site and App through your mobile device and for bringing these Terms to the attention of all such persons;
e) ensuring that You are not in, under the control of a country included in the list as a “Sanctioned Country”, or if you are included in the “Sanctioned Person” list of any country; or
f) ensuring that You do not and do not intend to supply any acquired or stored digital currency, token, or Platform services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
6.3 Limited License. We grant you a limited, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the Site, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by us from time to time. Any other use of the Site or Content is expressly prohibited and all other right, title, and interest in the Site or Content is exclusively the property of the Company and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.
6.4 “EXXA.NET”, “EXXA” and all logos related to the Platforms or displayed on the Site are trademarks or registered marks of the Company or its licensors. You may not copy, imitate or use them without our prior written consent.
7. LIMITATION OF LIABILITY
7.1. The Company, will not, in any circumstances, be liable for any loss or damages whatsoever, including any direct, indirect, special, incidental or consequential damages, loss of profits or lost opportunity, arising out of (i) your use of the Platforms; or (ii) your reliance on any information or content or services provided on the Platforms; or (iii) any errors in, or omissions from, the Platforms’ information and content; or (iv) your reliance on any results obtained after entering the calibrations on the Platforms.
7.2. You understand and agree that the Company is simply presenting information on the Platforms for You to use as You see fit. You also understand that the results that You see depend on the calibrations entered and that You are solely responsible for the calibrations inputted. You agree that the results shown are as a direct consequence of the calibrations entered by You and that the Company bears no responsibility for the results produced, or shown as a result of the calibrations You have chosen to enter.
7.3. You hereby release EXXA PRIVATE LIMITED, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any suppliers, or between you and other App or Site users.
7.4. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE PLATFORMS. THE PLATFORMS ARE AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. THE COMPANY DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE PLATFORMS. THE COMPANY HAS NO DUTY TO UPDATE OR MODIFY THE PLATFORMS AND THE COMPANY IS NOT LIABLE FOR ITS FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL THE COMPANY OR ANY OF ITD RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE PLATFORMS, THE USE OF THE PLATFORMS OR THE COMPANY’S AGREEMENT WITH YOU CONCERNING THE PLATFORMS, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF THE COMPANY IS HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF S$100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.
7.5. You agree to indemnify and hold the Company and each of its affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the Platforms and/or any violation of the terms of this Agreement. The Company reserves the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Platforms and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by the Company.
8.1. By using the Platforms as a person utilizing the Product, You agree to provide the Company or any thirdparty system entities on our Platforms with certain personal data, billing data and payment data (“Registration Details”) as may be required. You understand and agree that the Company or the third-party system entities will first verify and confirm these details prior to allowing You to register on and use the Platforms.
8.2. By using the Platforms, You represent and warrant that You will not use the Platforms in a way that violates any laws or regulations, including anything which in any respect:
(a) is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
(b) is fraudulent, criminal or unlawful;
(c) is inaccurate or out-of-date;
(d) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
(e) impersonates any other person or body or misrepresents a relationship with any person or body;
(f) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third-party;
(g) may be contrary to our interests;
(h) infringe or misappropriate the intellectual property rights of any third-party;
(i) Is contrary to any specific rule or requirement that we stipulate on the App in relation to a particular part of the App or the App generally; or
(j) involves your use, delivery or transmission of a malicious intent and nature, including but not restricted to any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
8.3. You understand that the application provided on the Platform is for your understanding and use as You see fit based on details entered by You.
8.4. You understand that the results that are displayed are directly related to the calibrations that You have entered without any input or guidance or suggestions from the Company and that You bear the sole responsibility for the results displayed.
8.5. You represent and warrant that all information You provide when establishing your account, and when You access and use the Product, is and will remain up-to-date, complete and accurate.
8.6. You agree and warrant that You will not disclose (wilfully, negligently or otherwise) credentials of your password to any third-party or otherwise allow any third-party to use your password or your access to your account. If You have reason to believe that a third-party has gained access to your account, You must immediately notify the Company. The Company is not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence.
8.7. The Company may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
8.9. You agree not to access without authority, interfere with, damage or disrupt:
(a) any part of the Platforms;
(b) any equipment or network on which the Platforms are stored;
(c) any software used in the provision of the Platforms; or
(d) any equipment or network or software owned or used by any third-party.
9. AVAILABILITY OF THE APP, SECURITY & ACCURACY
9.1 We make no warranty that your access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
9.2 Access to the App may be suspended or withdrawn to or from You personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the App for any reason. If we impose restrictions on You personally, you must not attempt to use the App under any other name or user or on any other mobile device.
9.3 We do not warrant that the App will be compatible with all hardware and software which You may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.
9.4 We may change or update the App and anything described in it without notice to You. If the need arises, we may suspend access to the App, or close it indefinitely.
9.5 We make no representation or warranty, express or implied, that information and materials on the App are correct, no warranty or representation, express or implied, is given that they are complete, accurate, upto-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions.
10. INDEPENDENCE FROM PLATFORMS
10.1 The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple and Android (each being an “Operator”).
10.2 Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator.
10.3 You and we acknowledge that these Terms are concluded between You and us only, and not with an Operator, and we, not those Operators, are solely responsible for the App and the content thereof to the extent specified in these Term.
10.4 The license granted to you for the App is limited to a non-transferable license to use the App on a mobile device that you own or control and as permitted by these Terms.
10.5 We are solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
10.6 In the event of any failure of the App to conform to any applicable warranty, you may notify the relevant Operator and to the maximum extent permitted by applicable law, that Operator will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
10.7 You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third-party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable gal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
10.8 You and we acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by us.
10.9 You must comply with any applicable third-party terms of agreement when using the App (e.g. you must ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement).
11. CHANGES AND UPDATES
11.1. Changes to Terms.
The Company may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Products, and to account for new Products or functionality. The most current version will always be posted on the Company website. If an amendment is material, as determined in The Company’s sole discretion, The Company will notify you via our Platform. Notice of amendments may also be posted to The Company’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require The Company to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Product, you should stop using that Product, because by continuing to use the Products you indicate your agreement to be bound by the updated terms.
11.2. Changes to Platforms.
The Company constantly changes and improves the Platforms. The Company may add, alter, or remove functionality from a Product at any time without prior notice. The Company may also limit, suspend, or discontinue a Product at its discretion. If the Company discontinues a Product, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Product. The Company may remove content from the Platforms at any time in our sole discretion, although we will endeavour to notify you before we do that if it materially impacts you and if practicable under the circumstances.
Downgrading your mobile platform provided by the Operator may cause the loss of content, features, functionality, or capacity of your account.
12. PROTECTION OF PERSONAL DATA AND INFORMATION
12.1 In strict accordance with the provisions of the Personal Data Protection Act, 2012 (the “PDPA”) and all other applicable laws, personal data and information (“Personal Information”) collected by the Company or its third-party system entities via the Platforms will be used solely in connection with the Company’s business. The Company is committed to protecting personal information collected by it and will not share such information with any third-party or for any business or marketing purposes to the extent required by any law or regulation.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 As between you and us, we are the sole and exclusive owner or the licensee of all intellectual property rights in the Platforms, and in the material published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
13.2 You may print off one copy, and may download extracts, of any page(s) from the Platforms for your personal reference and you may draw the attention of others within your organisation to material available on the Platforms.
13.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
13.4. You must not use any part of the materials on the Platforms for commercial purposes without obtaining a licence to do so from us or our licensors.
13.5. If you print off, copy or download any part of the Platforms in breach of these Terms, your right to use the Platforms will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The Company cannot and does not guarantee or warrant that the Platforms are compatible with any computer system or that the Platforms, or any links from the Platforms, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platforms. The Company will maintain industry standard anti-virus software and tools on systems provided by the Platform.
15. APPLE APP STORE ADDITIONAL LICENCE TERMS
(a) The parties acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Platform.
(b) If any of the terms in these Terms are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement, located at http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ (the “Apple EULA Terms”) or the App Store Terms, located at http://www.apple.com/legal/internetservices/itunes/ca/terms.html (the “Apple App Store Terms”), the Terms of the Apple EULA Terms or Apple App Store Terms, as applicable, will apply to the extent of such inconsistency or conflict.
16. GOOGLE PLAY ADDITIONAL LICENCE TERMS
(a) You acknowledge that Google is not responsible for providing support services for the Platform.
(b) If any of the terms in these Terms are inconsistent or in conflict with Google’s Google Play Developer Distribution Agreement located at https://play.google.com/about/developer-distributionagreement.html (the “Google EULA Terms”), the Terms of Google EULA Terms will apply to the extent of such inconsistency or conflict.
17. AGREEING TO THE TERMS AND VARIATION
17.1 By using the Platforms You agree to these Terms. If You sign up on the Platforms on behalf of a company or other entity, You represent and warrant that You have the authority to accept these Terms.
17.2 The Company reserves the right to amend these Terms at any time. All amendments to these Terms will be posted on the Platforms. Your continued use of the Platforms will be deemed to constitute acceptance of the new Terms. If You do not agree to use the amended Platforms, You have the right to cease using the services.
20. NO SOLICITATION OR RECOMMENDATION
20.1 The information contained on the Platforms have been prepared for informational purposes only without regard to any particular user’s investment objectives, financial situation, or means, and the Company is not soliciting any action based upon it. The information contained in or provided through the Platforms is not to be construed as a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal; or as an offer of services or participation. Certain transactions, including (but not limited to) those involving cryptocurrency, rewards, tokens, digital assets, with or without the use of leverage, give rise to substantial risk and are not suitable for all investors. Although such information may be considered by the Company to be reliable, the Company has not verified this information and does not represent that any such information is accurate, current, or complete. No reliance may be placed for any purpose on the information provided in this presentation or the accuracy or completeness thereof and no responsibility can be accepted by Company to anyone for any action taken on the basis of such information.
20.2 The fact that the Company has made the Platforms and its content available to You is neither a recommendation that You enter into a particular transaction nor a representation that any product or service described on the Platforms is suitable or appropriate for You. The transactions described in the Platforms involve significant risks, and You should not enter into any transactions unless You have fully understood all such risks and have independently determined that such transactions are appropriate for You. Any discussion of the risks contained herein with respect to any transaction should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the information contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax or accounting advice nor make the Company Platforms or the information contained therein the primary basis for any investment decisions made by or on behalf of You, your accountants, or your managed or fiduciary accounts, and You may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions and investments.
20.3 The Platforms are not directed at or intended for distribution to any person (or entity) who is a citizen or resident of (or located or established in) any jurisdiction where the use of the Platforms would be contrary to Applicable Law or regulation or would subject Company to any registration or licensing requirement in such jurisdiction. Persons who wish to access the Platforms are required by the Company to inform
themselves about and to observe any legal or regulatory restrictions which may affect their eligibility to access the Platforms and use the Company’s services. Professional advice should be sought from a financial or other professional adviser regarding the suitability of any transactions and/or investments.
21 THIRD-PARTY RIGHTS
22 GOVERNING LAW
These Terms and all obligations arising from or connected therein, shall be governed and construed in accordance with the laws of Singapore. Both You, and the Company, agree hereby to submit to the nonexclusive jurisdiction of Singapore courts in relation to any disagreements, disputes or arbitrations arising out of these Terms and any transactions between the parties governed by the terms herein. All dealings, correspondence and contacts between us shall be in English.
If You have any questions about these Terms, You may contact the Company at [email protected]
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assign