TERMS AND CONDITIONS OF USE

 

Effective Date: 9 December 2021

  1.                 AGREEMENT TO TERMS AND CONDITIONS OF USE

1.1 These Terms and Conditions of Use (“Terms and Conditions”) constitute a legally binding agreement made between you (“you”, “your” or “user”) and Abcomo Ecommerce Pte Ltd (“we,” “us” or “our”), concerning your access and/or visit to and use of the website igamie.com and/or its services as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”).

1.2 You agree that by accessing and/or visiting the Platform, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not accept or agree to these Terms and Conditions, you must immediately discontinue use, your visit and/or access the Platform.

1.3 Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Effective Date” of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically check these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Platform after the date such revised Terms and Conditions are posted.

1.4 The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

 

  1.                 USER REGISTRATION

 

2.1 You may be required to register with the Platform. You agree to keep your password confidential and will be responsible for all use of and activities that occur under your account and password and to notify us immediately of any unauthorised use. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.  

2.2 As part of the functionality of the Platform, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Platform; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

 

2.3 You shall provide true, legal, accurate and valid identity information and other relevant information about yourself when authenticating your real name, and shall not authenticate your real name with another person's identity information. Otherwise, we have the right to terminate your use of, access to the Platform and any of the services provided to you by us and take measures against your account, including but not limited to warning, restricting or prohibiting the use of all or part of the account functions, deleting the account and data, and deleting relevant information, and you shall be responsible for all consequences caused by this.

 

2.4 If you do not authenticate with your real name or if the authentication information you provide is incomplete, you may not be able to use some of the services or may be subject to restrictions in the process of using or accessing the Platform.

 

2.5 You understand and agree that, except for the rights of the relevant right holders in accordance with the law, the data and records generated by your use of your account, including but not limited to logins, activities, consumption records and related statistics, are owned by us. In the event of a dispute, you agree that the data provided by us shall prevail.

 

  1.                 PLATFORM AND SERVICES

 

3.1 You may use the following services provided by the Platform:

  1.                 Account management service: the Platform provides you with account- related services such as account registration and maintenance, account operation and historical operation records, etc.;
  2.                 Selling and/or reselling services: you may purchase certain digital content such as gift codes, app/game  credits, and vouchers from us and/or our third-party suppliers through the Platform and/or third-party suppliers’ platforms linked therewith;
  3.                 Community and information service: the Platform provides you with information and community services such as information browsing and community comments, topic discussions, videos, live streaming; and
  4.                 Other services: other services that the Platform offers to you from time to time.

 

3.2 You understand and agree that our services are provided in accordance with the current state of the art and conditions, and that we will use its best efforts to provide the services to you and to ensure the consistency and security of the service. However, we cannot at any time foresee and protect against legal, technical and other risks, including but not limited to force majeure, viruses, Trojan horses, hacker attacks, system instability, third-party service defects, governmental actions, and other possible causes of service interruption, data loss, and other losses and risks.

 

3.3 You understand that you are required to prepare your own terminal equipment (such as computers, cell phones, other mobile terminals, etc.) in connection with the services and to bear the costs thereof (such as mobile, telephone, internet and/or broadband charges).

 

3.4 You agree and understand that subject to privacy laws and our Privacy Policy, we may send you advertising, promotional or publicity information (including commercial and non-commercial information) in the course of providing the services, either on our own or by third parties.

 

3.5 We perform the advertising and promotional obligations in accordance with the law, and you shall judge the truthfulness of the advertising information and be responsible for your own judgment. Except as expressly provided by law, we shall not be liable for any loss or damage you suffer as a result of transactions conducted pursuant to such advertising information or the content provided by the aforementioned advertisers.

 

3.6 Some of our services are provided on a fee-based basis and if you use the fee-based services, relevant agreements or terms and conditions for such services shall apply to your use or access of such services when you sign up, opt in or register for such services. If You do not pay in full and on time, we have the right to interrupt, suspend or terminate the provision of the corresponding service.

 

3.7 We may modify and change the rates and methods for the paid services as needed, and we may also start charging for some of the free services. We will provide notice or announcement on the respective service pages before the aforementioned modifications, changes or charges are introduced. If you do not accept the aforementioned modifications, changes or paid content, you should stop using or accessing the service.

 

3.8 You agree that you are responsible for any taxes, duties, currency exchange fees, data charges, and related charges on purchases that you make as a result of or in the course of using any of the Platform and/or its services.‍

 

3.9 No returns; limitation on refunds. When we provide you with digital content, the transaction is instantaneous, such that a deduction is immediately made through your chosen payment channel, and the content or Publisher Code is instantly credited to you through the Publishers’ respective platforms or delivered to you within a short period of time after the successful completion of your purchase. Hence, any implied guarantees regarding goods shall not be applicable, and no right of redress or remedies such as, but not limited to, replacement, repair, return, or damages shall therefore apply. However, this does not prevent you from raising valid disputes or errors according to the procedures outlined in the sections on Disputes and Error Handling. ‍

 

3.10 The Platform may determine that a mistake has been made that affects you. If the platform determines that you have been incorrectly charged or overcharged, the platform will arrange a refund to rectify the mistake. .‍

 

3.11 If you are dissatisfied with any Publisher Codes purchased on the Platform, or if you believe that you have been charged in error, please directly contact the Platform. The Platform will investigate all disputes that are filed and will make reasonable efforts to resolve them. However, the ultimate resolution of such disputes shall be at our sole discretion.

 

  1.                 USER REPRESENTATIONS, RIGHTS AND OBLIGATIONS

 

4.1 By using the Platform, you represent and warrant that:

  1.                 all registration information you submit will be true, accurate, current, and complete;
  2.                 you will maintain the accuracy of such information and promptly update such registration information as necessary;
  3.                 you have the legal capacity and you agree to comply with these Terms and Conditions;
  4.                 you are not a minor in the jurisdiction in which you reside, or if a minor, you may use the Platform only with the involvement of a parent or guardian;
  5.                 you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise;
  6.                  you will not use the Platform for any illegal or unauthorized purpose;
  7.                 our use of the Platform will not violate any applicable law or regulation.

 

4.2 You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Platform, you agree not to:

  1.                 systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2.                 make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3.                 use a buying agent or purchasing agent to make purchases on the Platform.
  4.                 circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and/or the content contained therein.
  5.                 engage in unauthorized framing of or linking to the Platform.
  6.                  trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  7.                 make improper use of our support services or submit false reports of abuse or misconduct.
  8.                 engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  9.                  interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
  10.                  attempt to impersonate another user or person or use the username of another user.
  11.                 use any information obtained from the Platform in order to harass, abuse, or harm another person.
  12.                  use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the content for any revenue-generating endeavour or commercial enterprise.
  13.               decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
  14.                 attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
  15.                 harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
  16.                 delete the copyright or other proprietary rights notice from any content.
  17.                 copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  18.                  upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
  19.                 except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
  20.                  disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
  21.                 use the Platform in a manner inconsistent with any applicable laws or regulations.

 

4.3 If you violate these Terms and Conditions, we reserve the right to refuse service or terminate your accounts or restrict your use or access to the Platform and the relevant authorities or institutions may file lawsuits, impose fines or take other sanctions against you and request our assistance. If you cause damage, you shall pay compensation in accordance with the law and we shall not be liable.

 

4.4 If we find or receive reports from others that you have posted information that violates these Terms and Conditions, we have the right to make independent judgments and take technical measures to remove, block or disconnect the links. We also reserve the right to take measures, including but not limited to suspending or terminating the services, restricting, freezing or terminating the use of your account, and pursuing legal liability, depending on the nature of your actions.

 

4.5 You shall be independently liable for any damage caused to any third party as a result of your violation of these Terms and Conditions, and you shall also compensate us for any damages suffered as a result (including, but not limited to, property damages, reputation damages and reasonable costs incurred in defending your rights, such as litigation costs, attorney's fees, notary fees, transportation costs, etc.).

 

  1.                 USER CONTRIBUTIONS OR CONTENT

 

5.1 The Platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

 

5.2 Contributions may be viewable by other users of the Platform and through third-party platforms. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

 

  1.                 the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2.                 you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other users of the Platform to use your Contributions in any manner contemplated by the Platform and these Terms and Conditions.
  3.                 you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platform and these Terms and Conditions.
  4.                 your Contributions are not false, inaccurate, or misleading.
  5.                 your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6.                  your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7.                 your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8.                 your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9.                  your Contributions do not violate any applicable law, regulation, or rule, including any law, regulation, or rule concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  10.                  your Contributions do not violate the privacy or publicity rights of any third party.
  11.                 your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12.                  your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  13.               your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

 

5.3 Any use of the Platform in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Platform or your account.

 

5.4 By posting your Contributions to any part of the Platform or making Contributions accessible to the Platform by linking your account from the Platform to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, sublicensable, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, adapt, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), create derivative works from and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

 

5.5 Subject to Clause 5.4 and Clause 5.6, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform. You will indemnify us for all claims resulting from any and all Contributions you post or supply.

 

5.6 We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Platform; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

  1.                 PLATFORM MANAGEMENT

 

We reserve the right, but not the obligation, to: 

  1.                 monitor the Platform for violations of these Terms and Conditions;
  2.                 take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
  3.                 in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  4.                 in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  5.                 otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

 

  1.                 INTELLECTUAL PROPERTY

 

7.1 Unless otherwise stated, we own all proprietary and intellectual property rights (including all existing and future copyright, trademarks and patent rights) in the Platform (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos, software and source code).

 

7.2 The contents are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Platform and no content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

7.3 We respect the intellectual property rights of others. If you believe that any material available on or through the Platform including any Contributions infringes upon any copyright you own or control, or is posed or made available on the Platform without your authorization please immediately notify us at service@igamie.com and provide the following information to us:

 

 

 

 

Please be advised that you may be held liable for damages if you make material misrepresentations in the notification. Thus, if you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting a lawyer.

 

  1.                 PRIVACY POLICY AND CONFIDENTIAL INFORMATION

 

8.1 We care about data privacy and security. Please review our Privacy Policy posted on the Platform [Privacy Policy link]. By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions.

 

8.2 You shall not upload, post, email, transmit, or otherwise make available through the services any content that you do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).‍

 

  1.                 DISCLAMERS

 

9.1 YOU HEREBY UNDERSTAND AND AGREE THAT USE OF THE PLATFORM, SERVICES AND ALL CONTENT ON THE PLATFORM SHALL BE AT YOUR SOLE RISK. THE PLATFORM, SERVICES AND ALL CONTENT ON THE PLATFORM ARE PROVIDED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE PLATFORM, SERVICES, ALL CONTENTS THEREON INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

 

9.2 WE HAVE NO CONTROL OVER THE QUALITY, FITNESS FOR PURPOSE, SAFETY, RELIABILITY, LEGALITY, OR ANY OTHER ASPECT OF ANY GOOD OR SERVICE PROVIDED BY A THIRD PARTIES THAT YOU PURCHASE ON THE PLATFORM. EXCEPT AS OTHERWISE INDICATED IN THESE TERMS AND CONDITIONS, WE SHALL NOT BE OBLIGED TO ISSUE REFUNDS IF A PURCHASE DOES NOT MEET YOUR EXPECTATIONS, OR IF THE RELEVANT THIRD PARTY DOES NOT FULFIL ITS COMMITMENTS, ALTHOUGH WE WILL MAKE REASONABLE EFFORTS TO ASSIST YOU IN THESE MATTERS. WE HAVE NO OBLIGATION, AND CANNOT GUARANTEE, THAT IT WILL RESOLVE ANY DISPUTES RELATED TO YOUR TRANSACTION TO YOUR SATISFACTION. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY PLATFORM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

9.3 YOU UNDERSTAND AND AGREE THAT IN THE COURSE OF USING THE PLATFORM, YOU MAY ENCOUNTER FORCE MAJEURE AND OTHER RISK FACTORS THAT MAY CAUSE INTERRUPTION OF THE SERVICES. FORCE MAJEURE REFERS TO OBJECTIVE EVENTS THAT CANNOT BE FORESEEN, OVERCOME AND AVOIDED AND THAT MATERIALLY AFFECT ONE OR BOTH PARTIES, INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS SUCH AS FLOODS, EARTHQUAKES, PLAGUE EPIDEMICS AND STORMS, AS WELL AS SOCIAL EVENTS SUCH AS WAR, UNREST, GOVERNMENTAL ACTIONS, ETC. IN THE EVENT OF ANY OF THE ABOVE, WE WILL ENDEAVOR TO COOPERATE WITH THE RELEVANT INSTITUTIONS IN THE FIRST INSTANCE AND MAKE TIMELY REPAIRS, BUT WE ARE EXEMPT FROM LIABILITY FOR ANY DAMAGE CAUSED TO YOU AS A RESULT TO THE EXTENT PERMITTED BY LAW.

 

9.4 TO THE EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OR DISRUPTION OF SERVICE CAUSED BY:

  1.                 DAMAGE BY COMPUTER VIRUSES, TROJAN HORSES OR OTHER MALICIOUS PROGRAMS, OR HACKING ATTACKS.;
  2.                FAILURE OF YOUR OR OUR EQUIPMENT, SYSTEMS, SOFTWARE, HARDWARE AND COMMUNICATION LINES;
  3.                 IMPROPER OPERATION BY YOU;
  4.                YOUR USE OF THE SERVICE BY MEANS OTHER THAN THOSE AUTHORIZED BY THE PLATFORM;
  5.                 OTHER CIRCUMSTANCES BEYOND OUR CONTROL OR REASONABLY FORESEEABLE.

 

9.5 YOU UNDERSTAND AND AGREE THAT IN THE COURSE OF USING THE PLATFORM, YOU MAY ENCOUNTER RISKS ARISING FROM NETWORK INFORMATION OR THE ACTIONS OF THIRD PARTIES, AND THAT WE ARE NOT RESPONSIBLE FOR THE AUTHENTICITY, SUITABILITY, OR LEGALITY OF ANY INFORMATION ORIGINATING FROM THIRD PARTIES, NOR RESPONSIBLE FOR DAMAGES CAUSED TO YOU AS A RESULT OF INFRINGEMENT BY OTHERS. THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO:

  1.                 INFORMATION CONTAINING THREATENING, DEFAMATORY, OBJECTIONABLE OR UNLAWFUL CONTENT FROM ANOTHER PERSON, EITHER ANONYMOUSLY OR UNDER FALSE PRETENSES;
  2.                ANY PSYCHOLOGICAL OR PHYSICAL HARM, AS WELL AS FINANCIAL LOSS, SUFFERED BY OTHERS AS A RESULT OF MISLEADING, DECEPTIVE OR OTHERWISE CAUSED OR LIKELY TO BE CAUSED BY THE USE OF THE SERVICES UNDER THIS AGREEMENT;
  3.                 OTHER RISKS ARISING FROM NETWORK INFORMATION OR THE ACTIONS OF THIRD PARTIES.

 

 

  1.             INDEMNIFICATION AND LIABILITY

 

10.1 You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of or in connection with your use of the Platform, your Contributions and/or violation by you of these Terms and Conditions.

 

10.2 ‍IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM AND/OR THE SERVICES. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED IN THESE TERMS AND CONDITIONS. OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

10.3 Notwithstanding anything to the contrary contained herein and to the extent permitted by law, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us on the Platform during the twelve (12) month period prior to any cause of action arising.

 

10.4 Notwithstanding any law, rule or regulation to the contrary, you agree that any claim you may have arising out of these Terms and Conditions must be brought or filed before the relevant tribunal in the jurisdiction where you are located within twelve (12) months after such claim could be first filed. Any claims brought after such period shall be forever barred.‍

 

  1.             GOVERNING LAW AND DISPUTE RESOLUTION

 

11.1 These Terms and Conditions and your use of the Platform are governed by and construed in accordance with the laws of Singapore without regard to its conflicts-of-law provisions.

 

11.2 We shall endeavor to amicably resolve any disputes that arise out of or in connection with these Terms and Conditions (including any question regarding its existence, validity or termination), but in the event that such efforts shall fail, such dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC for the time being in force. The seat of arbitration shall be Singapore, and the Tribunal shall consist of one (1) arbitrator. All arbitration proceedings shall be in the English language. The decision of the arbitrator shall be final and binding.

 

  1.             GENERAL TERMS

 

12.1 Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you hereby agree that all terms and conditions, notices, rules, disclosures, policies, and other communications provided electronically to you shall be deemed to satisfy any legal requirement relating to communications in writing and shall be deemed to be given on the date of the electronic communication. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

 

12.2 These Terms and Conditions and any policies or operating rules posted by us on the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

 

12.3 These Terms and Conditions operate to the fullest extent permissible by law. You may not assign any of your rights or obligations under these Terms and Conditions, or any part of it, to any other party without our prior written approval. Any attempt by you to do so without our prior written approval shall be deemed null and void. However, We may assign any or all of our rights and obligations to others at any time, with or without notice to you. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

 

12.4 If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

 

12.5 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Platform. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

 

12.6 We may, at our sole discretion, terminate your access to any of the Platform, the services, and/or your account if you breach any of the Terms and Conditions. In the event of termination, the provisions regarding indemnification and liability shall survive.

 

12.7 There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Platform, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

 

12.8 References to goods, services, and/or businesses on any of the Platform do not constitute or imply an endorsement, approval or recommendation by us of those goods, services and/or businesses.‍

 

12.9 In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us at service@igamie.com.