Stellar Ace Terms of Use

Stellar Ace (“Stellar Ace“, “we“, “us“, “our“) provides the following services, comprising:

(a) our mobile application (“App“) and all features, functionality, services, products and other services provided through the App, including WINK+; and

(b) our website which may be accessed at https://stellarace.com.sg/ or such other online location as we may designate from time to time (“Website“),

(collectively, the “Services“). “User“, “you“, or “your” refers to anyone who accesses or uses our Services.

This document sets out the terms of use for the Services (“Terms“). These Terms are important because they describe:

  • the rules to be followed when using our Services;
  • the terms and conditions that apply to your access to and use of our Services; and
  • how to resolve any disputes that may arise from your use of our Services.

PLEASE READ THESE TERMS CAREFULLY.

These Terms and the documents referred to in them govern your use of our Services and constitute a legally binding agreement between you and us. By accessing and/or using, or by continuing to access or use, any Services, you agree that you have read and accepted these Terms and any amendments thereto. If you do not agree to any part of these Terms, or amendments thereto or are ineligible to access and/or use any part of our Services, you should cease all access and stop using any part of our Services immediately.

We may amend these Terms at any time. Such amendments shall be effective once they are posted on the Services. It is your responsibility to review the Terms regularly. Your continued use of our Services after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments. Further, certain features of our Services may be subject to additional terms (“Additional Terms“) presented in conjunction with such part of such Service. You must agree to any applicable Additional Terms before using the features of our Services to which they apply. Unless otherwise specified in any Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, then you may not use the part of our Services to which they relate. If any Additional Terms are inconsistent with the provisions of these Terms, those Additional Terms shall prevail for the specific part of the Services to which they apply.

If you have any questions, comments, complaints or claims with respect to our Services or these Terms, you may contact us at the contact information made available via the Services from time to time.

Part A: User Accounts

Part B: Services

Part C: General Terms

Part A: User Accounts

A.1 Account Registration and Details

A.1.1 In order to use our App, you must register for a personal account with us (“Account“). In order to register for an Account, you will need to provide us with certain personal data via the App or such other means as we may permit, including: (a) your full name; (b) your address; (c) your email address; (d) your mobile phone number; and (e) any other information that we may require from time to time.

A.1.2 You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account and use our Services. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years of age, or over the age of majority in the state or country where you are a resident or citizen.

A.1.3 Your Account cannot be assigned, sold or be otherwise transferred to another person. You agree not to register and/or maintain more than one Account at the same time, unless otherwise permitted by us in writing. Where duplicate Accounts are detected in relation to one User, we may close or merge these duplicate Accounts without prior notice to you. Further, we have the right to cancel or suspend your registration for any reason or for no reason at any time, as we may determine in our sole and absolute discretion.

A.1.4 When you register an Account with us, you agree to provide us with accurate, complete, and up-to-date information during registration and at all other times. You also agree to update all information provided to us or requested by us if, and as soon as, such information changes and in any case before you make any purchase related to our Services. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use our Services.

A.2 Account Security and Activity

A.2.1 You agree to maintain the security and confidentiality of your Account credentials, including without limitation your username, password, email address, and one-time PIN (collectively, “Access Credentials“) at all times. You may not allow or purport to authorise third parties to use your Account. You are fully responsible for safeguarding information relating to your Account and for ensuring that no other person accesses or uses the Services via your Account, and you agree that we may attribute any access or use of your Account to you.

A.2.2 If you become aware or suspect that the security or confidentiality of your Access Credentials have been compromised (including any loss, theft, breach of security, or unauthorised disclosure or use) and/or there has been unauthorised access to or use of your Account, you must immediately notify us via the contact information as made available in the App from time to time and comply with such security procedures as we may prescribe from time to time, including without limitation immediately changing your Access Credentials and making a police report if required by us. You agree to be liable for any and all charges incurred due to usage of the compromised Account until we have been notified. You acknowledge and agree that we may require a minimum of 7 working days to investigate any such notifications relating to compromised Accounts.

A.2.3 We may monitor all access to and usage of our App for fraud, misuse and to detect any breach of these Terms.

A.2.4 You are responsible for all activity under and instructions to us issued or purportedly issued from your Account. We shall be entitled to consider any person who gains access to the App using your Account log-in details as an individual acting upon your authorisation, without any further inquiry or investigation. Where applicable, references to your use and/or access of the App shall be deemed to include the use and/or access of the App by an individual permitted or authorised by you to do so. Notwithstanding this, we shall be entitled at our own discretion to decline to act or refrain from acting promptly upon any instructions from your Account and to investigate or verify the authenticity, the authority or the identity of such persons effecting the instructions or the authenticity, accuracy and completeness of the instruction. We may, in our sole and absolute discretion, refuse to comply with any instruction from your Account if the instruction is ambiguous or conflicting, incomplete or inaccurate.

A.2.5 We shall not be liable or responsible for any damage, expense or loss of any kind suffered directly or indirectly by you as a result of any loss, disclosure, theft and/or unauthorised use of your Account.

A.3 Termination or Suspension

A.3.1 Without prejudice to our rights and remedies in these Terms, at law, or in equity, we may at any time, for any reason, without prior notice to you, and without any explanation, including without limitation where we have reason to suspect that: you have breached these Terms, your Account is being used by a third party (whether or not fraudulently), or the security of your Access Credentials has been compromised in any way:

(a) terminate or suspend your Account; and/or

(a) restrict, block, suspend, or disable your access to any or all of the Content or App, whether temporarily or otherwise.

A.3.2 In addition, without prejudice to Clause A.3.1 above, we may, in our sole and absolute discretion, upon 7 days’ prior notice to you, terminate or suspend your Account and/or your access or use of the App.

A.3.3 You acknowledge that we have absolute management and control over all matters relating to the Content and App, which are provided at our sole and absolute discretion. Without prejudice to the foregoing, you agree that we have sole discretion to determine the manner in which the Content and App are provided to you.

A.3.4 If you wish to terminate your Account, please contact us at the contact information as made available and amended in the App from time to time for assistance.

A.3.5 Upon termination of your Account and/or your access or use of the Content or App for any reason, you shall cease to have any and all rights to use the Content or App and any data relating to you or your Account may be deleted by us or may no longer be accessible by you, and we shall not be obliged to make available any such data to you.

Part B: Services

B.1 Use of the Services

B.1.1 To access the Services, you must have internet access and/or a compatible mobile device with the App installed.

B.1.2 Subject to your registration for and maintenance of an active Account and your full and timely compliance with these Terms, we hereby grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable right to: (a) access and use the Services in accordance with these Terms; and (b) access and use any content, data, information and materials that may be made available through the Services (collectively, “Content“), in either case solely for your personal, non-commercial use. Any rights not expressly granted in these Terms are reserved by us. Except for the limited rights set forth in this Clause B.1.2, you may not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign to any third party any part of the Content or the Services. Further, you shall use commercially reasonable efforts to prevent the unauthorised license, access, sale, transfer, lease, transmission, distribution or other disclosure of the Content or the Services.

B.1.3 The Content and Services are provided for your personal use only and shall not be used in connection with the conduct of any commercial enterprise or for financial gain, including but not limited to any direct or indirect resale of all or any part of the Content and Services.

B.1.4 As a condition of your access to and use of the Content and Services (except to the extent that such prohibition is not allowed under applicable law), you shall not:

(a) remove any proprietary notices on the Content or Services;

(b) attempt to probe, scan, test the vulnerability of, or gain unauthorised access to any system or network or attempt to interfere with the proper functioning of the Content or Services;

(c) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management, access control measure, or security system used as part of the Content or Services or any host, network, or account related thereto;

(d) represent, warrant, communication, or otherwise provide any information (including without limitation automatically using your web browser or other software) to us that is false or misleading, including without limitation masking your IP address, forging TCP/IP packets, or masking or altering your user agent or other identifiers relating to the software or device from which you appear to be accessing the Services;

(e) provide or make accessible any content, data or information to us that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;

(f) allow any person to use any or your Access Credentials (e.g., user identification(s), code(s), password(s), procedure(s) and user keys) or use any Access Credentials issued to, or selected by any other person;

(g) upload to the Services the personal information of others that you are not authorised to provide;

(h) view, download, or otherwise access or use personal information that you are not authorised to view, download, access, or use;

(i) use the Content or Services to develop applications, services, websites, or any other functionalities that leverage the Services or may compete with the Services;

(j) communicate the Services to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address), mirrors, or frames, or otherwise grant access (other than a “bookmark” from a web browser) to any non-public aspect of the Content or Services, or any part thereof;

(k) use the Content or Services in a way that suggests you are a representative of ours;

(l) interfere with or disrupt the proper functioning of the Content or Services, or our or any third party systems used to host the Content or Services, or other equipment or networks used to provide the Content or Services;

(m) decompile, disassemble, reverse-engineer, or determine or attempt to determine any source code, algorithms, methods, or techniques embodied by the Content or Services or any derivative works thereof;

(n) use the Content or Services to develop, test, market, or train artificial intelligence technology, machine learning models, automated analytical techniques, or related technology;

(o) portray us and/or any of our affiliates, or our Content or Services, in a false, misleading, derogatory, or offensive manner; and/or

(p) access or use the Content or Services in any way that may:

(i) infringe any applicable law or regulation or misappropriates or violates any third party rights, including without limitation any intellectual property rights, privacy rights or proprietary rights;

(ii) cause harm, nuisance, annoyance, inconvenience, damage or adversely affect: (A) any person or any property; or (B) our reputation, employees, members, facilities or property; and/or

(iii) jeopardise or impair, or is reasonably likely to jeopardise or impair, the operation of all or any part of the Content or Services.

B.1.5 Any scraping, automated access, or other unauthorised access to, or storage of, any part of the Services may result in immediate termination of your access to the Content and/or Services. Use of any part of the Content and/or Services for any purpose other than what is described in this Clause B.1 is prohibited.

B.1.6 Any and all Content is only for general information or use. It does not constitute advice (whether financial, legal, or otherwise) and should not be relied upon in making (or refraining from making) any decision. Your use of, or reliance on, the Content is solely at your own risk. No oral advice or written information given through the Services by us or our officers, directors, employees, agents, third party service providers or third-party content providers, shall create any warranty nor shall you rely on any such information or advice.

B.1.7 You acknowledge and agree that we may modify the Content and Services in any way and at any time, with or without notice. You further acknowledge and agree that, while we have attempted to provide accurate information on via the Services, such information may change frequently and in no event shall we be responsible for the accuracy, timeliness, reliability, usefulness or completeness of any Content, or that any such Content is the most up-to date. We do not represent or warrant that the App will be error-free, free of viruses or other harmful components, and expressly disclaim any representations and warranties in connection with the same.

B.2 User Content

B.2.1 Where we permit you to post, upload, transmit, or make available any content through the Services, including without limitation any images, text, reviews, feedback (“User Content“), you agree that:

(a) you are solely responsible for the User Content that you upload and you shall procure and ensure that such User Content will not infringe any rights of any third party (including without limitation intellectual property rights, data privacy rights, and proprietary rights) when accessed or used by us in the manner or for the purposes described or contemplated by these Terms;

(b) you shall not upload, post, transmit, or make available to us any User Content that is confidential or proprietary. Any User Content uploaded, posted, transmitted, or made available via the Services shall be deemed to be non-confidential and non-proprietary. We shall not be under any obligation of confidence to you in relation to any User Content unless otherwise agreed in a separate direct contract between you and us or to the extent required under applicable law;

(c) you shall procure and ensure that you own or otherwise have all necessary intellectual property rights, licenses, consents, and permissions to use and to authorise us and our Users to use the User Content in the manner or for the purposes described or contemplated by these Terms;

(d) you waive your rights to prior inspection or approval of any marketing or promotional materials related to User Content and shall procure and ensure the waiver of any and all rights of privacy, publicity, moral, or any other rights of a similar nature in connection with such User Content. To the extent that any moral rights are not transferable or assignable, you hereby waive and agree (or shall procure of the waiver of and undertaking to) never to assert any and all moral rights (including “moral rights” as defined under the Copyright Act 2021 of Singapore), or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content;

(e) you hereby grant us and our affiliates a non-exclusive, unrestricted, unconditional, unlimited, perpetual, royalty-free, worldwide, irrevocable, transferrable and sub-licensable right to host, use, copy, record, reproduce both electronically or otherwise, publicly display, distribute, modify, adapt, publish, translate, transmit, broadcast, and creative derivative works from, sell, resell and otherwise exploit in any manner whatsoever, any and all such User Content and derivative works thereof, for any purpose whatsoever (including without limitation for the purposes of advertising and marketing our Services), in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You agree that the license includes the right to copy, analyse and use any User Content as we, in its sole discretion, may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with services provided by us or our affiliates;

(f) we shall be under no obligation to store, retain, publish or make available any User Content uploaded by you and that you will be responsible for creating backups of any User Content if necessary; and

(g) we shall have no obligation to monitor or enforce your intellectual property rights to your User Content, but you shall provide such assistance as we may require to protect and enforce our rights to your User Content, including without limitation assisting us in bringing and controlling actions in your name and on your behalf.

B.2.2 You agree and acknowledge that:

(a) we shall have no liability in respect of any User Content. We do not represent or warrant the accuracy, integrity, appropriateness, quality of any User Content, nor that the User Content does not infringe any third party rights, and under no circumstances shall we be liable in any way for any User Content (including for the avoidance of doubt any third party materials incorporated in User Content);

(b) User Content is not verified or approved by us and we do not assume any obligation to remove, validate, screen, verify, or edit any User Content;

(c) we may edit or remove any User Content in our sole and absolute discretion, including without limitation where such User Content violates these Terms or any applicable law.

B.3 Third Party App Stores

B.3.1 You acknowledge that the availability of the App may be dependent on the third-party platform from which you downloaded the App (for example, Apple App Store or Google Play Store). Each of these platforms may have their own terms and conditions for the downloading, installation and use of the App and you agree that it is your responsibility to ensure compliance with such terms and conditions.

B.4 Third Party Links

B.4.1 Certain links on the Services may lead to websites, services, social media channels or apps not operated by us or under our control (“Third Party Links“). We shall not be responsible for Third Party Links, or for any information or materials on, or any form of transmission received from, any Third Party Links. We shall have no obligation to investigate, verify or monitor the Third Party Links. Third Party Links are provided as a convenience to you as a user of our Services, and do not imply the endorsement by us of any information, products, advertising or other materials that can be found on those Third Party Links or any association with the operators of the Third Party Links. You access such Third Party Links at your own risk and we accept no responsibility or liability for any damage caused or alleged to be caused by or in connection with the use of the material or functions contained on those Third Party Links.

B.4.2 You shall ensure that you have read and agree to be bound by all applicable policies of these Third Party Links, whether relating to your use of our Services or otherwise, and that you act in accordance with those policies, in addition to your obligations under these Terms. Your interactions with these third parties, including but not limited to the purchasing of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third parties. You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

B.5 Compatible Devices

B.5.1 We shall in no event be liable to you if relation to the compatibility of the Services (including without limitation the App) with your devices and/or any other software, including without limitation where you do not have a device which is compatible with the software of the App or you have downloaded the wrong version of the App. We reserve the right not to permit you to access and/or use the Services should the Services be incompatible with your device or any software therein.

B.5.2 You agree and acknowledge that these Terms and the Services do not include the provision of internet access or other telecommunication services by us. Any internet access or telecommunications services (such as mobile data connectivity) required to access and use the Services shall be your sole responsibility and shall be separately obtained by you, at your own cost, from the appropriate telecommunications or internet access service provider.

Part C: General Terms

C.1 Intellectual Property

C.1.1 As between you and us, all title, ownership rights and intellectual property rights in and to the Services shall be absolutely owned by us (and our licensees) for the full duration of all such rights and all throughout the world. Unless otherwise expressly stated in these Terms, no licence or right is granted and your access to and/or use of the Services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property rights in any part of the Services without our (and/or our licensors’) prior written consent.

C.1.2 All trademarks, service marks, logos, trade names, and any other proprietary designations of ours used in connection with these Terms or the Services are trademarks or registered trademarks of ours or our affiliates. You may not use any of our trademarks, logos, or trade dress in connection with any product or service that is not owned or provided by us, in a manner that is likely to cause confusion among customers or users, or in any manner that disparages us or our affiliates.

C.1.3 We reserve the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement“) in respect of User Content and other material on the Website (“Infringing Material“) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the Website, please notify us in writing immediately in the form and containing the information prescribed by the Copyright Act 2021 (“Infringement Notice“).

C.1.4 All Infringement Notices shall be sent to us at our registered office.

C.1.5 You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on websites linked to the Website, other third-party sites and/or Third Party Links.

C.2 Data Protection

C.2.1 For information regarding our treatment of your personal data, please review our current Privacy Policy, which is incorporated by reference into these Terms. Your acceptance of these Terms constitutes acceptance and agreement to our collection, use and disclosure of your personal data in accordance with our privacy policy (found at https://stellarace.com.sg/privacy-policy/) (“Privacy Policy“), as may be updated and/or amended from time to time, which describes our practices and policies related to the collection, use, and storage of information. The terms of the Privacy Policy are incorporated into this Terms by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information.

C.3 Electronic Communications

C.3.1 When you access and/or use the Services or communicate with us through email or the App, you may communicate with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail sent to the last updated address made known to us or by posting notices on the App. Where the communication is given by us to you electronically, it will be deemed to have been received upon delivery (and a delivery report received by us will be conclusive evidence of delivery even if the communication is not opened by you); and where the communication is given to us electronically, it will be deemed to have been received upon being opened by us. You agree that all agreements, notices, disclosures and other communications that we may provide to you electronically will satisfy any and all legal requirements that such communications be in writing.

C.3.2 You agree that our records and any records of the communications, transactions, instructions or operations made or performed, processed or effected through the Services by you or any person purporting to be you, or any record of the communications, transactions, instructions or operations relating to the operation of the Services and any record of any communications, transactions, instructions or operations maintained by us or by any relevant person authorised by us relating to or connected with the Services shall be binding on you for all purposes and shall be conclusive evidence of such communications, transactions, instructions or operations.

C.3.3 It is your responsibility to regularly examine and verify the correctness of any and all confirmations, statements, records and any other documents issued by us in relation to your Account. You further undertake to promptly inform us in writing of any alleged error, irregularity, discrepancies or omissions in such documents. If no such notice is received by us within 7 days from the date stated in such documents, you shall be deemed to have conclusively accepted all content contained in such documents; and be liable for any and all losses arising from or in connection with any alleged error, irregularity, discrepancies or omissions in such documents.

C.4 Electron Form

C.4.1 You agree that these Terms in electronic form constitute a written document and therefore you undertake not to dispute or challenge the validity or enforceability of these Terms on the grounds that it is not a written document and you hereby waive any such right that you may have at law.

C.5 Our Policies

C.5.1 You agree to comply with all our policies in relation to the Services (“Policies“) which may be made available from time to time via the Services and/or directly communicated to you. Each such Policy is hereby incorporated by reference into these Terms.

C.5.2 Where any conflict or contradiction appears between the provisions of these Terms and any Policy, the terms of the relevant Policy shall prevail in respect of your use of the relevant part of our Services.

C.6 Disclaimers

C.6.1 The Services and the Content are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable laws and regulations, we expressly disclaim any and all warranties (express, implied or otherwise), including without limitation, warranties of suitability, merchantability, safety, non-infringement, fitness for a particular purpose, that all or any part of the Services is always available, secure, or free from malware, defects, interruptions, errors or other inaccuracies, whether arising by a course of dealing, usage, trade practice or course of performance. We do not make any representations or warranties regarding the use or the results of the use of the Services or Content in terms of their correctness, accuracy, currency, availability, reliability, or otherwise,

C.6.2 Some features of the App may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network provider. We are also not liable for any costs associated with your network provider, who may charge you for accessing their connection services to access and use our Services. We are also not responsible for the availability and quality of your telecommunication reception when you access or use our App. You acknowledge that the suitability and performance of your device or data access is solely your responsibility.

C.6.3 We have no obligation to monitor your access to or use of the App or Services but have the right to do so for the purpose of ensuring your compliance with these Terms or to comply with applicable law or an order or requirement of a court or governmental agency.

C.7 Limitation of Liability

C.7.1 To the fullest extent permitted by law, we and/or our affiliates shall not, in any event, be liable to you or any other party for any damages, losses, expenses, penalties or costs whatsoever (including without limitation, any direct, indirect, special, incidental or consequential damages, loss of actual or anticipated income and profits, opportunity and loss of data) arising in connection with your use of the Services, your reliance on any Content and/or Services, or in connection with these Terms, regardless of the form of action and even if we had been advised as to the possibility of such damages.

C.7.2 Without prejudice to Clause D.7.1 above, should any liability be attributed to us, to the maximum extent permitted by applicable law, our total liability in connection with these Terms shall not exceed in aggregate the sum of S$50 or the total amount of User Charges paid to us by you, whichever is less.

C.8 Indemnification

C.8.1 You hereby agree and undertake to defend, indemnify and hold us and our affiliates, officers, directors, employees, agents, third party service providers, third party content providers and licensors (“Our Indemnitees“) harmless from and against all damages, claims, expenses, penalties, suits, actions, proceedings, investigations, demands, actions, charges, and costs (including indemnification of legal costs on a full indemnity basis arising out of the User’s use of the Services) directly or indirectly suffered or incurred by Our Indemnitees in connection with or arising from:

(a) your access and/or use of the Services (whether purported, attributable to you, or otherwise);

(b) your breach or purported breach of any of these Terms;

(c) the enforcement of our rights under these Terms or our acting upon any instructions which you may give in relation to the Services;

(d) any negligence, fraud and/or misconduct on your part;

(e) any violation of any rights of a third party by you; and/or

(f) any sum or obligation expressed to be payable or liable to be performed under these Terms (including any and all addendum(s) to these Terms and any and all other documents, materials or information incorporated by reference herein) not being paid or performed by you by the time, on the date and otherwise in the manner specified in these Terms (including any and all addendum(s) to these Terms and any and all other documents, materials or information incorporated by reference herein).

C.8.2 If you are obliged to indemnify any of Our Indemnitees pursuant to these Terms, we shall have the right (which we may exercise in our sole and absolute discretion), to control any action or proceeding and to determine whether any settlement should be made or offered, and if so, on what terms.

C.9 Miscellaneous

C.9.1 Survival: Clauses A.3 (Termination or Suspension) and B.2 (User Content), and Part C: General Terms and any other provision that expressly or by implication is intended to survive shall survive expiry or termination of these Terms for any reason

C.9.2 Events beyond our control: We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes, breakdown of systems or network access, any damage caused by a third party to our facilities or properties, flood, fire, explosion, accident or acts of God.

C.9.3 Entire agreement: These Terms and any other documents expressly referred to in these Terms, as may be amended from time to time, constitute the entire agreement and understanding between us and you in relation to the subject matter of these Terms and supersedes any previous agreement or understanding between us and yourself in relation to such subject matter.

C.9.4 Illegality and severability: Where any or part of these Terms is deemed to be invalid, void, illegal or unenforceable, the legality, validity and enforceability of the remaining parts of these Terms shall not be affected or impaired thereby and shall continue in force as if such invalid, void, illegal or unenforceable part of these Terms was severed from these Terms.

C.9.5 Assignment: You may not assign any of your rights under these Terms without our prior written consent. We may assign any of our rights under these Terms to any of its affiliates or any third party.

C.9.6 Waiver: No failure or delay by us to exercise our rights under these Terms shall operate as a waiver thereof nor shall such failure or delay affect the enforcement of such rights.

C.9.7 Third party rights: A person or entity who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 2001 or any similar legislation in any jurisdiction to enforce any part of these Terms.

C.9.8 Governing law: By accessing and/or using any part of the Services, you agree that such access and/or use, as well as these Terms shall be governed by, and construed in accordance with, the laws of Singapore and you agree to submit to the exclusive jurisdiction of the Singapore courts.

C.9.9 Contact: If you have any questions, complaints, or claims with respect to our Services, you may contact us at the contact information as stated in the Services from time to time.

C.9.10 Amendments: The Terms may be revised or updated from time to time, in our sole discretion, upon notice to you, such as by posting the updated Terms, Additional Terms and/or Privacy Policy on our Website, sending you an email to your Account email, or by any other reasonable means. All changes are effective immediately when notified to you via the Services, and apply to all access to, and use of, the Services thereafter. Your continued use of the Services following the effective date of any revised terms of the Terms constitutes your acceptance of such updated terms. You should review the terms of the Terms from time to time for any updates or changes to ensure that you are familiar with the most current version. If you do not agree to any revised or updated Terms, you must discontinue your access to and use of the Services.