Terms of Service
TERMS AND CONDITIONS
AGREEMENT TO OUR LEGAL TERMS
We are DA KA, doing business as DA KA ("Company," “we,” “us,” or “our”), a company registered in Singapore, our registration number is 202525954.
We operate the website www.daka.sg (the “Site”), the mobile application [Da ka] (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and DAKA, and concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services 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 Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms 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 Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. / All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
- OUR SERVICES
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- USER REGISTRATION
- PURCHASES AND PAYMENT
- SUBSCRIPTIONS
- SOFTWARE
- PROHIBITED ACTIVITIES
- MOBILE APPLICATION LICENSE
- SOCIAL MEDIA
- THIRD-PARTY WEBSITE AND CONTENT
- ADVERTISERS
- SERVICES MANAGEMENT
- PRIVACY POLICY
- DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- CORRECTIONS
- DISCLAIMER
- LIMITATIONS OF LIABILITY
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- MISCELLANEOUS
- CONTACT US
1. OUR SERVICES
The information provided when using the Services 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 Services 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.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our advertising services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics made available through the services (collectively, the “Content”), as well as any names, logos, and branding used in connection with the services (the “Marks”).
Our Content and Marks are protected under Singapore’s Copyright Act 2021, Trade Marks Act, and other applicable intellectual property laws and international treaties.
The Content and Marks are provided through our advertising services on an “AS IS” basis for your internal business use only, unless otherwise expressly authorised by us.
You may not copy, reproduce, modify, distribute, display, or create derivative works based on our Content or Marks without our prior written consent. Any unauthorised use, including imitation or misrepresentation of our branding, may constitute a violation of our rights and may result in legal action.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use if you are a job seeker, or for your internal business purpose if you are an employer.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services, including when accessing the Services via Apple login, Google login, or phone number authentication, you:
- confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- warrant that any such Submissions are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Submissions, we shall have the right to remove or edit any Submissions at any time without notice if in our reasonable opinion we consider such Submissions harmful or in breach of these Legal Terms. If we remove or edit any such Submissions, we may also suspend or disable your account and may report you to the authorities if you in breach of the law
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the “DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY” section below.
3. USER REPRESENTATIONS
By using the Services, 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 Legal Terms; (4) you are not under the age of 18; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. Registration is completed via one-time password (OTP) verification sent to your mobile number or email, or via Apple or Google sign-in. Our platform does not use traditional account passwords, and you will be responsible for maintaining the security of the mobile number, email account, or third-party sign-in method used to access your account. 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.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- PayNow, for users on Android and the website
- Apple In-App Purchase, for users on iOS
Payment and Account Information
You agree to provide current, complete, and accurate purchase and account information for all transactions made via our Services. You further agree to promptly update your account information, including your email address, so that we can efficiently complete your transactions and contact you as needed. Any applicable sales tax will be added to the purchase price as required, and we reserve the right to adjust prices at any time. All payments will be processed in Singapore dollars, either through the Singapore PayNow Service using QR code scanning for users on Android and the website, or through Apple's In-App Purchase system for users on iOS.
Payment Authorization and Processing
By placing an order, you confirm and agree to pay for all charges at the prices then in effect. You understand that payment is initiated by scanning a QR code (Android and website) or through Apple's In-App Purchase system (iOS), and that we do not collect or store your payment method details. Once payment is authorised, you authorize your chosen payment provider to process the payment immediately for the amount due. We reserve the right to correct any errors or discrepancies in pricing even if payment has already been requested or received.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per account, or per order. These restrictions may include orders placed by or under the same customer account and/or orders that use the same billing or shipping address.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription remains active for the duration of the period you have purchased. There is no auto-renewal—once your subscription expires, access to the service and any active advertisement placements will end unless you choose to renew manually.
For users on Android and the website, a unique QR code will be generated for payment via PayNow (processed through Stripe), and every payment is initiated individually using the generated QR code. For users on iOS, payment is instead completed through Apple's In-App Purchase system.
When you are ready to renew your subscription or refresh your ad placements, complete the payment via the PayNow QR code (Android and website) or Apple's In-App Purchase system (iOS) for the applicable plan. Please ensure your account information is up to date to facilitate smooth processing of your transactions.
Fee Changes
We may revise the subscription plan fees from time to time, and such changes will take effect immediately upon being updated in the service. Please check the latest pricing before making any payment, as continued use of the service constitutes acceptance of the current rates.
Disclaimer: You are solely responsible for reviewing the current fees before initiating any transaction. We are not obligated to provide prior notice of fee adjustments for manually renewed or one-time payment plans.
7. SOFTWARE
We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided “AS IS” without warranty of any
kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
8. PROHIBITED ACTIVITIES
You may access and use the Services only for the purposes we make them available. You must not use the Services in connection with any commercial activities unless specifically authorised by us.
As a user of the Services, you agree not to:
- Systematically extract data or content from the Services to compile, directly or indirectly, a collection, database, or directory without our written consent.
- Engage in any unauthorised use of the Services, including collecting usernames or email addresses for unsolicited communications or creating fake or automated user accounts
- Use a purchasing or buying agent to make transactions on your behalf.
- Interfere with, disable, or attempt to bypass security features of the Services or any feature that restricts usage or protects the Content.
- Frame or link to the Services without our prior authorisation.
- Mislead, defraud, or attempt to gain unauthorised access to sensitive information such as passwords.
- Abuse our support channels or submit false reports of abuse or misconduct.
- Disrupt or overload the Services or any networks connected to it.
- Impersonate any other person or user, or use another user’s login credentials.
- Harass, harm, or stalk any person using information obtained through the Services.
- Use the Services to compete with us or for any commercial venture not authorised by us.
- Decompile, reverse engineer, or otherwise tamper with the software that forms part of the Services, except as permitted by law.
- Attempt to circumvent any access restrictions or technical protections implemented in the Services or any portion of the Services.
- Harass, threaten, or intimidate our staff or representatives engaged in providing any portion of the services to you.
- Remove copyright or proprietary right notices from any Content.
- Copy, modify, or adapt the underlying code of the Services, including HTML, JavaScript, PHP, or similar.
- 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 Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- 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 Services, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use the Services in violation of any applicable laws or regulations in Singapore or any relevant
9. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App, which is free to download, from either the Apple App Store or Google Play Store (each an “App Distributor”) to access the Services in Singapore:
(1) You are granted a non-exclusive, non-transferable license to use the App on a mobile device running Apple iOS or Android, as applicable, and in accordance with the usage rules outlined in the relevant App Distributor’s terms of service.
(2) We are responsible for providing any maintenance and support services for the App only if such services are explicitly stated in these Legal Terms or otherwise made available by us. There is no general legal requirement under the Consumer Protection (Fair Trading) Act 2003 (CPFTA) to provide maintenance or support for free mobile applications. You acknowledge that App Distributors have no obligation to provide any maintenance or support services in connection with the App.
(3) You must comply with applicable third-party agreements when using the App. For example, if you use a VoIP or data-based feature, you must ensure that doing so does not violate your wireless data service agreement or relevant local telecommunications terms.
(4) You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms in this mobile application license. Each App Distributor has the right (and is deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary.
Additionally, any personal data collected through the App will be handled in accordance with Singapore’s Personal Data Protection Act 2012 (PDPA). By using the App, you consent to our collection, use, and disclosure of your personal data in line with our Privacy Policy and the PDPA.
10. SOCIAL MEDIA
As part of the functionality of the Services, you may create and access your account using supported authentication methods, including phone number, email, Google, or Apple login credentials (each a “Third-Party Login Method”). By choosing a Third-Party Login Method, you authorize us to access and use limited account information from the respective provider (such as your name, email address, or profile picture) solely for the purpose of account registration, login, and user identification within our Services. We do not collect or store your login credentials for any third-party services.
You understand and agree that any information obtained from your chosen login method is subject to the privacy settings and terms of the respective provider. If your Third-Party Login Method becomes unavailable or access is revoked by the provider, your ability to access the Services may be affected. You may unlink your chosen login method through your account settings (if applicable) or by contacting us using the contact details provided below. Please note that your relationship with each Third-Party Login Method provider is governed solely by your agreement with that provider. We do not review, control, or take responsibility for any data, content, or practices of such providers.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site [or App],) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third- Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
12. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, 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 any part of the service and to the extent technologically feasible):
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about your data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please note that our Services are hosted in a region selected during deployment (such as Asia, Europe, or North America). If you access or use the Services from Singapore or any other region with personal data laws that differ from those of the selected hosting region, you acknowledge and agree that your data may be transferred to, stored, and processed in that hosting region. By continuing to use the Services, you expressly consent to this transfer and processing, subject to applicable data protection safeguards.
We are committed to complying with the Personal Data Protection Act 2012 (PDPA) of Singapore. Regardless of where our servers are located, we ensure that your personal data is protected by appropriate technical, organizational, and contractual measures that provide a standard of protection comparable to the requirements under the PDPA.
15. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of Singapore applicable to agreements made and to be entirely performed within Singapore , without regard to its conflict of law principles.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) shall be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. The arbitration shall be commenced and conducted in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”), which are deemed to be incorporated by reference into this clause.
The costs of arbitration, including arbitrator’s fees and administrative expenses, shall be borne in accordance with the SIAC Rules. If the arbitrator determines that such costs are excessive for either Party, and the claim is found to be non-frivolous and brought in good faith, we will bear all reasonable arbitration fees and expenses. This provision is intended to ensure fair access to arbitration while preventing abuse of the process.
The arbitration may be conducted in person, through submission of documents, by phone, or online. The arbitrator shall render a written decision, but need not provide reasons unless requested by either Party. The arbitrator shall apply the applicable laws of Singapore, and any award may be challenged if the arbitrator fails to do so. Unless otherwise required by law or the SIAC Rules, the arbitration will take place in Singapore. Except as otherwise provided herein, either Party may apply to a court in Singapore to compel arbitration, stay proceedings pending arbitration, or to enforce, modify, set aside, or enter judgment upon the award of the arbitrator.
If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or heard in the courts of Singapore, and the Parties irrevocably submit to the exclusive jurisdiction of those courts and waive all objections to jurisdiction and venue, including those based on forum non conveniens. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) is expressly excluded.
In no event shall any Dispute brought by either Party relating in any way to the Services be commenced more than [#] years after the cause of action arose. If any portion of this arbitration clause is found to be illegal or unenforceable, that portion shall be severed, and the remaining provisions shall remain in full force and effect. Any Dispute not subject to arbitration shall be resolved in a court of competent jurisdiction in Singapore.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the maximum extent permitted by law:
(a) no arbitration shall be joined with any other proceeding;
(b) there shall be no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class-action procedures; and
(c) there shall be no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
(a) any Dispute seeking to enforce or protect, or concerning the validity of, a Party’s intellectual property rights;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and
(c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, that portion shall be severed, and the Dispute shall be resolved by a court of competent jurisdiction in Singapore. The Parties agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, 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 Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
To the fullest extent permitted by law, we and our directors, officers, employees, affiliates, agents, contractors, or licensors shall not be liable to you or any third party for any losses, damages, expenses, or liabilities whatsoever (whether direct, indirect, consequential, incidental, special, exemplary, or punitive and whether arising in contract, tort—including negligence—or otherwise), including but not limited to loss of profits, loss of revenue, loss of data, or business interruption, arising from or related to:
- your access to or use of, or inability to access or use, the Services;
- any content (including User Content or Third-Party Content) provided through the Services;
- any third-party websites or services linked to or from the Services; or
- any software, systems, or networks used in connection with the Services.
In the event we are found liable despite the foregoing, our aggregate liability to you for all claims arising out of or related to the Services shall not exceed the lower of S$50.00 or the total amount of fees paid by you to us for the Services during the one (1) month period immediately preceding the event giving rise to the claim.
Nothing in this clause shall operate to exclude or limit any liability that cannot be excluded or limited under applicable Singapore law.
23. INDEMNIFICATION
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: (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Phone: 96491999
Email: [email protected]
Effective Date: August 2026