Terms of Use
Platform Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR PLATFORM
1. GENERAL
1.1. These terms of use (the “Terms of Use“) must be read in conjunction with the privacy policy which is located on our website at the following URL: www.givepls.com/privacy-policy (the “Privacy Policy“) (collectively, the “Usage Conditions“). Your access to and use of the Platform (as defined below) signifies your acceptance of the Usage Conditions and agreement to be bound by them and any and all other applicable terms referenced herein absolutely. If you do not accept these terms, do not access and use the Platform.
1.2. As used in these Terms of Use:
“Affiliates“ means all of the Company’s officers, employees, directors, agents, contractors and assigns;
“Company” or “GivePlease” means GivePlease Pte. Ltd. (company registration number 201931998Z), with its registered office at 261 Waterloo Street, #03-36 Waterloo Centre, Singapore 180261 and includes any subsidiaries of GivePlease Pte. Ltd.;
“Content” means collectively, all pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform;
“Intellectual Property“ means all copyright, patents, utility innovations, rights to inventions, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, the right to sue for passing off or unfair competition, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), source and object codes, format, directories, queries, algorithms, structure and organisation of the Platform, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights;
“Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not;
“Subscribers” means any organisation with which GivePlease has entered into a Subscription Agreement pursuant to which GivePlease has agreed to provide such organisation services including but not limited to the leasing of equipment and access to web portals and/or platforms.
“Platform” means our application, terminal, platform, website or any other software, service or product which we may introduce from time to time;
“Prohibited Material” means any information, graphics, photographs, data and/or any other material that (a) contains any computer virus or other invasive or damaging code, program or macro; (b) infringes any third-party Intellectual Property or any other proprietary rights; (c) is false, defamatory, libellous or threatening; (d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996); (e) any automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform; (f) any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents and/or (g) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion;
“Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform; and
“user” means an individual, organisation or Subscriber who uses the Platform whether for the purposes or providing or collecting a donation or otherwise.
1.3. The Usage Conditions apply to the entire contents of the Platform howsoever accessed and sets out the terms and conditions of your usage of the Platform.
1.4. GivePlease is a payment technology company which aims at modernising charitable fund raising by providing seamless giving platforms through which field and event giving, contactless giving and in-store donations are promoted. To the extent that there are any goods and/or services offered by a third party provider on the Platform, GivePlease is not responsible for the acts and/or omissions of any third party provider, and any liability in relation to such goods and/or services shall be borne by the third party provider. Third party providers shall not represent to be an agent, employee or staff of GivePlease and the solutions provided by third party providers shall not be deemed to be provided by GivePlease.
1.5. By agreeing to these Usage Conditions, you are representing and warranting that you:
(a) are above 18 years old;
(b) are an authorised user; and
(c) agree to take responsibility for:
(i) your actions;
(ii) any charges associated with your use of the Platform; and
(iii) your acceptance and compliance with these Usage Conditions.
1.6. The Company may revise the Usage Conditions at any time by updating this posting. As the Usage Conditions are binding on you, you should check the website for the most current Usage Conditions.
1.7. How to contact us:
(a) our Company domain is: www.givepls.com
(b) for email enquiries, please contact us via electronic mail at hello@givepls.com and/or on our customer service hotline at +65 3138 3782.
2. YOUR ACCOUNT
2.1. In order to use the Platform, you may be required to register and maintain an account with us.
2.2. You are responsible for all your activities conducted on the Platform including but not limited to:
(a) ensuring the accuracy of all information which you have entered on the Platform;
(b) if applicable, keeping your account information (including your password and other login details) confidential and secure; and
(c) not providing any third party with access to your account. If you know or suspect any unauthorised access to or use of your account, you must promptly notify us at the following electronic mailing address: 261 Waterloo Street, #03-36 Waterloo Centre Singapore 180261.
3. ACCESS AND USAGE OF PLATFORM
3.1. By using the Platform and/or your account, you acknowledge that we will be relying on the information provided therein for the purpose of processing your requests (including but not limited to donations and subscription to marketing communications).
3.2. You agree:
(a) to access and/or use the Platform only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to any of the goods and/or services on the Platform in good faith; and
(b) to ensure that any information or data you submit on the Platform is accurate and agree to take sole responsibility for such information and data.
3.3. You also warrant and represent that:
(a) all requests received on the Platform by your account is submitted by you or on your own behalf; and
(b) all information and documents provided to us in connection with your requests are true, complete and accurate.
3.4. In order for us to verify and process your requests, you authorise us to:
(a) perform obligations in the course of or in connection with your requests such as account registration, facilitating logins, pre-filling electronic forms or populating your profile data, including but not limited to accessing your SingPass account;
(b) process future payments and read your back transactions conducted on the Platform (including deriving and displaying your transaction and/or donation history such as details of organisations to which you have donated);
(c) conduct due diligence and credit checks on you as we deem necessary;
(d) disclose any information relating to your request to our affiliates, suppliers, service providers or any government authority; and/or
(e) contact you from time to time to inform you about charities, donations, appeals, the Platform, newsletters and other goods and/or services;
(f) administer, operate, provide, maintain and protect our business and the Platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data, as well as ensuring that unauthorised individuals do not access the information on the Platform);
(g) make further enquiries with our affiliates, suppliers, service providers or any government authority.
3.5. You agree and undertake not to:
(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the Platform for illegal purposes;
(c) attempt to gain unauthorised access to or otherwise interfere or disrupt other computer or technical systems or networks connected to the Platform;
(d) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure on the Platform;
(e) post, promote or transmit through the Platform any Prohibited Materials or make available any material in violation of any third-party intellectual property or privacy rights;
(f) interfere with another’s utilisation of the Platform;
(g) use or upload, in any way, any software or material that contains, or which you have reason to suspect contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another user’s computer or mobile device or the Platform;
(h) use the Platform other than in conformance with the acceptable use policies of any connected computer networks, any applicable internet standards and any other applicable laws;
(i) modify, copy or create derivative works based on the Platform, or any part, feature, function or user interface thereof whether for commercial benefit or otherwise;
(j) permit direct or indirect access to or use of the Platform in a way that circumvents any restrictions set by us;
(k) disassemble, reverse engineer, or the Platform or access it to build a competitive product or service, or build a competitive product or service using similar ideas, features, functions or graphics of the Platform, or copy any ideas, features, functions or graphics of the Platform, or to determine whether the Platform is within the scope of any patent;
(l) use the Platform for purposes including but not limited to data mining of the Company’s information or information related to the Platform. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and we reserve the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Platform other than for the purpose for which it is intended to be used; and
(m) will not in any way directly or indirectly:
(i) induce or attempt to induce any of our employees or other service providers to quit employment or retainer with us;
(ii) otherwise interfere with or disrupt our relationship with our employees or other service providers;
(iii) discuss employment opportunities or provide information about competitive employment to any of our employees or other service providers; or
(iv) solicit, entice, or hire away any of our employees or other service providers.
3.6. We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any of the goods and/or services offered therein and shall not be liable for any Losses if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the goods and/or services offered therein.
3.7. We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the goods and/or services offered therein. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action we deem appropriate;
(b) suspend or terminate users, and to reclaim usernames without liability to you;
(c) prevent or restrict access of any user to the Platform and/or the goods and/or services offered therein;
(d) access, read, preserve, and disclose any information as we reasonably believe is necessary to:
(i) satisfy any applicable law, regulation, legal process or governmental request;
(ii) enforce the Usage Conditions, including investigation of potential violations of the same;
(iii) detect, prevent, or otherwise address fraud, security or technical issues;
(iv) respond to user support requests; or
(v) protect the rights, property or safety of the Company, the users and the public.
(e) report any activity suspected to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(f) request any information and data from you in connection with your use of the goods and/or services offered on the Platform and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to provide such information and/or data, or if you provide information and data for which we have reasonable grounds to suspect is inaccurate, misleading or fraudulent information and/or data.
3.8. You agree that any use of the Platform in breach of any term under the Usage Conditions that in the Company’s sole and absolute judgement threatens the security or the availability of the Platform, may result in your immediate suspension of your access to the Platform and/or applicable goods and/or services.
3.9. We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
3.10. Where you have accessed and/or used the Platform in an unlawful manner, we will report such conduct to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to access the Platform will cease immediately.
4. PRIVACY POLICY
4.1. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By accessing the Platform, you consent to such processing and you warrant that all data provided by you is accurate.
4.2. You understand that through your use of the Platform you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information both within and outside of Singapore for storage, processing and use by us. As part of providing you the goods and/or services offered on the Platform, we may need to provide you with certain communications, such as service announcements and administrative messages. You may not be able to opt-out from receiving these communications.
5. INTELLECTUAL PROPERTY
5.1. The Intellectual Property on the Platform and the Content are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law. No rights are granted to you hereunder other than as expressly set forth herein.
5.2. No part or parts of the Platform, or any Content may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use the Content for personal and non-commercial uses, provided that you do not modify the Content and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Content.
5.3. The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Platform, without our written permission or any other applicable trademark owner.
6. LIMITATION OF LIABILITY AND INDEMNITY
6.1. The goods and services provided on the Platform, the Platform and the Content are provided on an “as is” and “as available” basis exclusive of any warranty whatsoever. All data and/or information contained in the Platform or the Content are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform or the Content. Without prejudice to the generality of the foregoing, we do not warrant (including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, to the maximum extent permitted by any applicable law):
(a) the accuracy, timeliness, adequacy or completeness of all data and/or information contained in the Platform or the Content;
(b) that the Platform or any of the Content will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
(c) that the Platform or the Content is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
(d) the security of any information transmitted by you or to you through the Platform, and you accept the risk that any information transmitted or received through the Platform may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the internet.
6.2. We and our Affiliates shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Platform or the goods and/or services provided therein;
(b) reliance on any data or information made available through the Platform. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
6.3. We shall not be liable for non-performance, error, interruption or delay in the performance of the Company’s obligations underthese Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s contents.
6.4. Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefor.
6.5. In no event shall we be liable to the you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential, or other damages or losses of any type or kind (including loss of data, goods, revenue, profits, goodwill, use or other economic advantage). We shall not be liable for any loss, damage or injury which may be incurred by or caused to you, any users or to any person for whom you accessed the Platform, including but not limited to loss, damage or injury arising out of, or in any way connected with the Platform including but not limited to the use or inability to use the Platform, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party provider or advertiser whose advertising appears on the Platform or is referred to by the Platform.
6.6. You agree to defend, indemnify and hold us harmless from and against all Losses in connection with or arising from your breach of any of these Terms of Use and/or your use of the Platform. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
7. HYPERLINKS, ALERTS AND ADVERTISING
7.1. For your convenience, we may include hyperlinks to other websites or content on the internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, false news or falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
7.2. We may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising a Subscriber’sdonation initiatives or other products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials unless specifically agreed in writing between us.
8. USER DATA AND INFORMATION
8.1. You grant to GivePlease a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into its services and/or the Platform any suggestion, recommendation, correction, remedies, enhancement request, or other feedback provided by you in respect of the Platform.
8.2. You consent to and authorise the use by us of any information provided by you (including Personal Data as defined in the Privacy Policy) for the purposes of sending informational and promotional emails to you. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere). You may subsequently opt out of receiving promotional emails by clicking on the appropriate hyperlink in any promotional email.
8.3. Upon termination of your usage of the Platform pursuant to Clause 9, the rights granted under Clause 8.2 will automatically terminate. The rights granted to us under Clause 8.1 shall survive such termination.
8.4. You hereby agree and consent to GivePlease collecting, using, disclosing and processing your data and information (including but not limited to Personal Data) in accordance with the Privacy Policy.
9. TERMINATION
9.1. These Terms of Use shall apply from either:
(a) the date commencing on the first occasion on which you access and/or use the Platform; or
(b) the date commencing on the date on which you create an account on the Platform (as the case may be),
and shall remain in effect until it is terminated pursuant to this Clause 9.
9.2. In our sole and absolute discretion, we may with immediate effect upon giving you notice (including notice via electronic mail), suspend or terminate your use of the Platform and/or disable the use of your login credentials such as your username and password. We may bar access to the Platform (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue usage of the Platform.
9.3. Either you or GivePlease may terminate these Terms of Use by providing the other party with 30 days’ written notice of the same.
9.4. All outstanding donations which have been requested on the Platform shall cease on the last effective date of these Terms of Use.
9.5. Termination these Terms of Use shall not affect any rights, remedies, obligations or liabilities which you or the Company have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of these Terms of Use which existed at or before the date of termination or expiry.
9.6. The Company shall not be required to compensate you for any suspension or termination.
10. NOTICES
10.1. You may only give notice to us in writing sent to our designated address or email address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
10.2. All notices or other communications given to you will be in writing and in the English language and will be sent to you at your last known address or by electronic mail. Any such notice or communication will be deemed to have been duly served (if given or made by letter) immediately if hand delivered or one (1) Business Day after sending by local courier or two (2) Business Days after sending by international courier and in proving such service it shall be sufficient to show the receipt from the local courier showing that package was duly addressed and the date on which it was sent or (if given or made by electronic mail) immediately and in proving the same it shall be sufficient to show the electronic mail has been sent in full to the recipient’s electronic mail address.
10.3. Notwithstanding Clause 10.1 and Clause 10.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to electronic mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
11. FORCE MAJEURE
Neither Party shall be in breach of these Terms of Use nor liable for delay in performing, or failure to perform, any of its obligations under Terms of Use if such delay or failure result from events, circumstances or causes beyond its reasonable control, including but not limited to an act of God, act of government, flood, fire, earthquake, civil unrest, lockdown, act of terror, strike or other labour problem, spread of infectious disease, failure or delay on the part of the internet service provider, denial of service attack, or any online attacks on the Platform. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for three (3) months, the party not affected may terminate these Terms of Use by giving written notice of one (1) month to the affected party.
12. MISCELLANEOUS
12.1. Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use 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.
12.2. Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
12.3. No failure to exercise, nor any delay in exercising, on the part of any Party, any right or remedy under this agreement or by law shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
12.4. If a court of competent jurisdiction holds any provision of these Terms of Use to be invalid, illegal or unenforceable (whether in whole or in part), such provision shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability and the remaining provisions of these Terms of use shall not be affected thereby.
12.5. A person who is not a party to these Terms of Use has no rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any provision of these Terms of Use. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.
12.6. Without prejudice to any other rights or remedies that we may have, damages alone would not be an adequate remedy for a breach of any of these Terms of Use by you. Accordingly, we shall be entitled to and may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
12.7. We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of email), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and terminate these Terms of Use. Our right to vary these Terms of Use in the manner stated above will be exercised without the consent of any person or entity who is not a party to these Terms of Use.
12.8. Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
12.9. Any references to a currency under these Terms of Use shall be a reference to Singapore dollars.
12.10. You acknowledge and agree that any records (including records of any telephone conversations relating to the Platform, if any) maintained by us or our service providers relating to or in connection with the Platform shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
12.11. We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
12.12. You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.
12.13. The use of the Platform and these Terms of Use shall be governed by and construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with these Terms of Use must be submitted for mediation at the Singapore Mediation Centre (“SMC“) in accordance with SMC’s Mediation Procedure in force for the time being. Either/any party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 30 days’ thereof. Every party to the mediation must be represented by senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached.
12.14. In the event that the dispute referred to in Clause 12.13 above has not been settled by the dispute resolution mechanism stated therein, the Singapore courts shall have exclusive jurisdiction in relation to such a dispute. For these purposes the user and the Company irrevocably submits to the jurisdiction of the Singapore courts and waives any objection to the exercise of that jurisdiction.
Effective date : 18th August 2020
Last updated : 18th August 2020
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR PLATFORM
1. GENERAL
1.1. These terms of use (the “Terms of Use“) must be read in conjunction with the privacy policy which is located on our website at the following URL: www.givepls.com/privacy-policy (the “Privacy Policy“) (collectively, the “Usage Conditions“). Your access to and use of the Platform (as defined below) signifies your acceptance of the Usage Conditions and agreement to be bound by them and any and all other applicable terms referenced herein absolutely. If you do not accept these terms, do not access and use the Platform.
1.2. As used in these Terms of Use:
“Affiliates“ means all of the Company’s officers, employees, directors, agents, contractors and assigns;
“Company” or “GivePlease” means GivePlease Pte. Ltd. (company registration number 201931998Z), with its registered office at 261 Waterloo Street, #03-36 Waterloo Centre, Singapore 180261 and includes any subsidiaries of GivePlease Pte. Ltd.;
“Content” means collectively, all pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform;
“Intellectual Property“ means all copyright, patents, utility innovations, rights to inventions, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, the right to sue for passing off or unfair competition, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), source and object codes, format, directories, queries, algorithms, structure and organisation of the Platform, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights;
“Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not;
“Subscribers” means any organisation with which GivePlease has entered into a Subscription Agreement pursuant to which GivePlease has agreed to provide such organisation services including but not limited to the leasing of equipment and access to web portals and/or platforms.
“Platform” means our application, terminal, platform, website or any other software, service or product which we may introduce from time to time;
“Prohibited Material” means any information, graphics, photographs, data and/or any other material that (a) contains any computer virus or other invasive or damaging code, program or macro; (b) infringes any third-party Intellectual Property or any other proprietary rights; (c) is false, defamatory, libellous or threatening; (d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996); (e) any automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform; (f) any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents and/or (g) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion;
“Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform; and
“user” means an individual, organisation or Subscriber who uses the Platform whether for the purposes or providing or collecting a donation or otherwise.
1.3. The Usage Conditions apply to the entire contents of the Platform howsoever accessed and sets out the terms and conditions of your usage of the Platform.
1.4. GivePlease is a payment technology company which aims at modernising charitable fund raising by providing seamless giving platforms through which field and event giving, contactless giving and in-store donations are promoted. To the extent that there are any goods and/or services offered by a third party provider on the Platform, GivePlease is not responsible for the acts and/or omissions of any third party provider, and any liability in relation to such goods and/or services shall be borne by the third party provider. Third party providers shall not represent to be an agent, employee or staff of GivePlease and the solutions provided by third party providers shall not be deemed to be provided by GivePlease.
1.5. By agreeing to these Usage Conditions, you are representing and warranting that you:
(a) are above 18 years old;
(b) are an authorised user; and
(c) agree to take responsibility for:
(i) your actions;
(ii) any charges associated with your use of the Platform; and
(iii) your acceptance and compliance with these Usage Conditions.
1.6. The Company may revise the Usage Conditions at any time by updating this posting. As the Usage Conditions are binding on you, you should check the website for the most current Usage Conditions.
1.7. How to contact us:
(a) our Company domain is: www.givepls.com
(b) for email enquiries, please contact us via electronic mail at hello@givepls.com and/or on our customer service hotline at +65 3138 3782.
2. YOUR ACCOUNT
2.1. In order to use the Platform, you may be required to register and maintain an account with us.
2.2. You are responsible for all your activities conducted on the Platform including but not limited to:
(a) ensuring the accuracy of all information which you have entered on the Platform;
(b) if applicable, keeping your account information (including your password and other login details) confidential and secure; and
(c) not providing any third party with access to your account. If you know or suspect any unauthorised access to or use of your account, you must promptly notify us at the following electronic mailing address: 261 Waterloo Street, #03-36 Waterloo Centre Singapore 180261.
3. ACCESS AND USAGE OF PLATFORM
3.1. By using the Platform and/or your account, you acknowledge that we will be relying on the information provided therein for the purpose of processing your requests (including but not limited to donations and subscription to marketing communications).
3.2. You agree:
(a) to access and/or use the Platform only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to any of the goods and/or services on the Platform in good faith; and
(b) to ensure that any information or data you submit on the Platform is accurate and agree to take sole responsibility for such information and data.
3.3. You also warrant and represent that:
(a) all requests received on the Platform by your account is submitted by you or on your own behalf; and
(b) all information and documents provided to us in connection with your requests are true, complete and accurate.
3.4. In order for us to verify and process your requests, you authorise us to:
(a) perform obligations in the course of or in connection with your requests such as account registration, facilitating logins, pre-filling electronic forms or populating your profile data, including but not limited to accessing your SingPass account;
(b) process future payments and read your back transactions conducted on the Platform (including deriving and displaying your transaction and/or donation history such as details of organisations to which you have donated);
(c) conduct due diligence and credit checks on you as we deem necessary;
(d) disclose any information relating to your request to our affiliates, suppliers, service providers or any government authority; and/or
(e) contact you from time to time to inform you about charities, donations, appeals, the Platform, newsletters and other goods and/or services;
(f) administer, operate, provide, maintain and protect our business and the Platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data, as well as ensuring that unauthorised individuals do not access the information on the Platform);
(g) make further enquiries with our affiliates, suppliers, service providers or any government authority.
3.5. You agree and undertake not to:
(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the Platform for illegal purposes;
(c) attempt to gain unauthorised access to or otherwise interfere or disrupt other computer or technical systems or networks connected to the Platform;
(d) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure on the Platform;
(e) post, promote or transmit through the Platform any Prohibited Materials or make available any material in violation of any third-party intellectual property or privacy rights;
(f) interfere with another’s utilisation of the Platform;
(g) use or upload, in any way, any software or material that contains, or which you have reason to suspect contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another user’s computer or mobile device or the Platform;
(h) use the Platform other than in conformance with the acceptable use policies of any connected computer networks, any applicable internet standards and any other applicable laws;
(i) modify, copy or create derivative works based on the Platform, or any part, feature, function or user interface thereof whether for commercial benefit or otherwise;
(j) permit direct or indirect access to or use of the Platform in a way that circumvents any restrictions set by us;
(k) disassemble, reverse engineer, or the Platform or access it to build a competitive product or service, or build a competitive product or service using similar ideas, features, functions or graphics of the Platform, or copy any ideas, features, functions or graphics of the Platform, or to determine whether the Platform is within the scope of any patent;
(l) use the Platform for purposes including but not limited to data mining of the Company’s information or information related to the Platform. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and we reserve the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Platform other than for the purpose for which it is intended to be used; and
(m) will not in any way directly or indirectly:
(i) induce or attempt to induce any of our employees or other service providers to quit employment or retainer with us;
(ii) otherwise interfere with or disrupt our relationship with our employees or other service providers;
(iii) discuss employment opportunities or provide information about competitive employment to any of our employees or other service providers; or
(iv) solicit, entice, or hire away any of our employees or other service providers.
3.6. We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any of the goods and/or services offered therein and shall not be liable for any Losses if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the goods and/or services offered therein.
3.7. We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the goods and/or services offered therein. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action we deem appropriate;
(b) suspend or terminate users, and to reclaim usernames without liability to you;
(c) prevent or restrict access of any user to the Platform and/or the goods and/or services offered therein;
(d) access, read, preserve, and disclose any information as we reasonably believe is necessary to:
(i) satisfy any applicable law, regulation, legal process or governmental request;
(ii) enforce the Usage Conditions, including investigation of potential violations of the same;
(iii) detect, prevent, or otherwise address fraud, security or technical issues;
(iv) respond to user support requests; or
(v) protect the rights, property or safety of the Company, the users and the public.
(e) report any activity suspected to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(f) request any information and data from you in connection with your use of the goods and/or services offered on the Platform and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to provide such information and/or data, or if you provide information and data for which we have reasonable grounds to suspect is inaccurate, misleading or fraudulent information and/or data.
3.8. You agree that any use of the Platform in breach of any term under the Usage Conditions that in the Company’s sole and absolute judgement threatens the security or the availability of the Platform, may result in your immediate suspension of your access to the Platform and/or applicable goods and/or services.
3.9. We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
3.10. Where you have accessed and/or used the Platform in an unlawful manner, we will report such conduct to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to access the Platform will cease immediately.
4. PRIVACY POLICY
4.1. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By accessing the Platform, you consent to such processing and you warrant that all data provided by you is accurate.
4.2. You understand that through your use of the Platform you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information both within and outside of Singapore for storage, processing and use by us. As part of providing you the goods and/or services offered on the Platform, we may need to provide you with certain communications, such as service announcements and administrative messages. You may not be able to opt-out from receiving these communications.
5. INTELLECTUAL PROPERTY
5.1. The Intellectual Property on the Platform and the Content are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law. No rights are granted to you hereunder other than as expressly set forth herein.
5.2. No part or parts of the Platform, or any Content may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use the Content for personal and non-commercial uses, provided that you do not modify the Content and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Content.
5.3. The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Platform, without our written permission or any other applicable trademark owner.
6. LIMITATION OF LIABILITY AND INDEMNITY
6.1. The goods and services provided on the Platform, the Platform and the Content are provided on an “as is” and “as available” basis exclusive of any warranty whatsoever. All data and/or information contained in the Platform or the Content are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform or the Content. Without prejudice to the generality of the foregoing, we do not warrant (including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, to the maximum extent permitted by any applicable law):
(a) the accuracy, timeliness, adequacy or completeness of all data and/or information contained in the Platform or the Content;
(b) that the Platform or any of the Content will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
(c) that the Platform or the Content is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
(d) the security of any information transmitted by you or to you through the Platform, and you accept the risk that any information transmitted or received through the Platform may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the internet.
6.2. We and our Affiliates shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Platform or the goods and/or services provided therein;
(b) reliance on any data or information made available through the Platform. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
6.3. We shall not be liable for non-performance, error, interruption or delay in the performance of the Company’s obligations underthese Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s contents.
6.4. Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefor.
6.5. In no event shall we be liable to the you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential, or other damages or losses of any type or kind (including loss of data, goods, revenue, profits, goodwill, use or other economic advantage). We shall not be liable for any loss, damage or injury which may be incurred by or caused to you, any users or to any person for whom you accessed the Platform, including but not limited to loss, damage or injury arising out of, or in any way connected with the Platform including but not limited to the use or inability to use the Platform, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party provider or advertiser whose advertising appears on the Platform or is referred to by the Platform.
6.6. You agree to defend, indemnify and hold us harmless from and against all Losses in connection with or arising from your breach of any of these Terms of Use and/or your use of the Platform. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
7. HYPERLINKS, ALERTS AND ADVERTISING
7.1. For your convenience, we may include hyperlinks to other websites or content on the internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, false news or falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
7.2. We may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising a Subscriber’sdonation initiatives or other products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials unless specifically agreed in writing between us.
8. USER DATA AND INFORMATION
8.1. You grant to GivePlease a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into its services and/or the Platform any suggestion, recommendation, correction, remedies, enhancement request, or other feedback provided by you in respect of the Platform.
8.2. You consent to and authorise the use by us of any information provided by you (including Personal Data as defined in the Privacy Policy) for the purposes of sending informational and promotional emails to you. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere). You may subsequently opt out of receiving promotional emails by clicking on the appropriate hyperlink in any promotional email.
8.3. Upon termination of your usage of the Platform pursuant to Clause 9, the rights granted under Clause 8.2 will automatically terminate. The rights granted to us under Clause 8.1 shall survive such termination.
8.4. You hereby agree and consent to GivePlease collecting, using, disclosing and processing your data and information (including but not limited to Personal Data) in accordance with the Privacy Policy.
9. TERMINATION
9.1. These Terms of Use shall apply from either:
(a) the date commencing on the first occasion on which you access and/or use the Platform; or
(b) the date commencing on the date on which you create an account on the Platform (as the case may be),
and shall remain in effect until it is terminated pursuant to this Clause 9.
9.2. In our sole and absolute discretion, we may with immediate effect upon giving you notice (including notice via electronic mail), suspend or terminate your use of the Platform and/or disable the use of your login credentials such as your username and password. We may bar access to the Platform (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue usage of the Platform.
9.3. Either you or GivePlease may terminate these Terms of Use by providing the other party with 30 days’ written notice of the same.
9.4. All outstanding donations which have been requested on the Platform shall cease on the last effective date of these Terms of Use.
9.5. Termination these Terms of Use shall not affect any rights, remedies, obligations or liabilities which you or the Company have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of these Terms of Use which existed at or before the date of termination or expiry.
9.6. The Company shall not be required to compensate you for any suspension or termination.
10. NOTICES
10.1. You may only give notice to us in writing sent to our designated address or email address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
10.2. All notices or other communications given to you will be in writing and in the English language and will be sent to you at your last known address or by electronic mail. Any such notice or communication will be deemed to have been duly served (if given or made by letter) immediately if hand delivered or one (1) Business Day after sending by local courier or two (2) Business Days after sending by international courier and in proving such service it shall be sufficient to show the receipt from the local courier showing that package was duly addressed and the date on which it was sent or (if given or made by electronic mail) immediately and in proving the same it shall be sufficient to show the electronic mail has been sent in full to the recipient’s electronic mail address.
10.3. Notwithstanding Clause 10.1 and Clause 10.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to electronic mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
11. FORCE MAJEURE
Neither Party shall be in breach of these Terms of Use nor liable for delay in performing, or failure to perform, any of its obligations under Terms of Use if such delay or failure result from events, circumstances or causes beyond its reasonable control, including but not limited to an act of God, act of government, flood, fire, earthquake, civil unrest, lockdown, act of terror, strike or other labour problem, spread of infectious disease, failure or delay on the part of the internet service provider, denial of service attack, or any online attacks on the Platform. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for three (3) months, the party not affected may terminate these Terms of Use by giving written notice of one (1) month to the affected party.
12. MISCELLANEOUS
12.1. Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use 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.
12.2. Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
12.3. No failure to exercise, nor any delay in exercising, on the part of any Party, any right or remedy under this agreement or by law shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
12.4. If a court of competent jurisdiction holds any provision of these Terms of Use to be invalid, illegal or unenforceable (whether in whole or in part), such provision shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability and the remaining provisions of these Terms of use shall not be affected thereby.
12.5. A person who is not a party to these Terms of Use has no rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any provision of these Terms of Use. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.
12.6. Without prejudice to any other rights or remedies that we may have, damages alone would not be an adequate remedy for a breach of any of these Terms of Use by you. Accordingly, we shall be entitled to and may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
12.7. We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of email), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and terminate these Terms of Use. Our right to vary these Terms of Use in the manner stated above will be exercised without the consent of any person or entity who is not a party to these Terms of Use.
12.8. Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
12.9. Any references to a currency under these Terms of Use shall be a reference to Singapore dollars.
12.10. You acknowledge and agree that any records (including records of any telephone conversations relating to the Platform, if any) maintained by us or our service providers relating to or in connection with the Platform shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
12.11. We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
12.12. You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.
12.13. The use of the Platform and these Terms of Use shall be governed by and construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with these Terms of Use must be submitted for mediation at the Singapore Mediation Centre (“SMC“) in accordance with SMC’s Mediation Procedure in force for the time being. Either/any party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 30 days’ thereof. Every party to the mediation must be represented by senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached.
12.14. In the event that the dispute referred to in Clause 12.13 above has not been settled by the dispute resolution mechanism stated therein, the Singapore courts shall have exclusive jurisdiction in relation to such a dispute. For these purposes the user and the Company irrevocably submits to the jurisdiction of the Singapore courts and waives any objection to the exercise of that jurisdiction.
Effective date : 18th August 2020
Last updated : 18th August 2020