CUREFIT TERMS OF USE

These terms of use (“Terms of Use”) govern the terms on which you (“You” or “Your” or “Yourself” or “User”) access, register on and use the ‘Cure.fit’ website, and mobile application (collectively referred to as the “Platform”), operated by CureFit Healthcare Singapore Pte. Ltd. (hereinafter referred to as “We” or “Our” or “Us” or “Company”), and such content, products or services (the “Platform Services”) from time to time provided on or through the Platform.

Please read these Terms of Use and Privacy Policy carefully before using or registering on the Platform or accessing any material, information or Platform Services. If You do not agree with any of these Terms of Use, You must immediately cease accessing and using the Platform and/or the Platform Services. Your use of the Platform or the Platform Services shall signify Your acceptance of these Terms of Use and Privacy Policy and Your agreement to be legally bound by the same.

Acceptance of Terms of Use

1. Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use, along with any amendments made by the Company at its sole discretion and posted on the Platform. By (i) using and accessing the Platform or any Platform Services in any way; or (ii) merely browsing the Platform, You agree that You have read, understood and agreed to be bound by these Terms of Use and Our Privacy Policy.

2. The Company retains an unconditional right to change, modify or amend these Terms of Use or any other of our policies or practices at any time without any requirement to notify You of the same. Any changes, modifications or amendments shall be effective immediately upon posting to the Platform. You can determine when these Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. Your continued use of the Platform or Platform Services following the posting of changes to this Terms of Use on the Platform, will constitute Your consent and acceptance of such changes.

Platform Services

1. You acknowledge that the Platform is a web service that allows You to access Platform Services that may be provided directly by the Company or by various third party vendors (“Vendors”) over the Platform.

2. Some of the Platform Services allow you to search, schedule, pay for and access:

a. Cult Live & Mind Live: content relating to physical, recreational and mental fitness or wellness sessions, live experiences, recordings and allied services (“Fitness Services”);

b. Cult, Mind & Eat: content relating to the subject of cooking, nutrition and recipes (“Cooking Services”); or

c. such content, products or services provided by various third-party Vendors with whom the Company or any of its Vendor(s) has an arrangement (“Third Party Services”).

3. Your use of the Platform Services shall be governed by these Terms of Use. In order to participate or access certain Platform Services, you may be required to agree to additional terms and conditions relating to your order or booking; those additional terms are hereby incorporated into these Terms of Use. Where such additional terms are inconsistent with these Terms of Use, the additional terms shall prevail.

Platform Services provided by third party Vendors

1. Where applicable, any order or booking made for a Platform Service(s) through the Platform shall also be subject to the separate terms and conditions imposed by the Vendors (including conditions, offers, terms of sale or use, discount and sales schemes/ campaigns offered from time to time) described on the Vendor’s respective website or mobile application, which You are presumed to have acknowledged and accepted at the time of placing the order. You understand and agree that the Company is not responsible for the content, goods or services that you purchase through the Platform from third party Vendors and that You are contracting directly with the respective Vendor for the supply of such Third Party Services. These Vendors, and not the Company, are responsible for customer service related to those goods and services, including the nature, content and quality of the class or appointment, and reservation, cancellation, return and refund policies, adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a Vendor’s personnel, policies, or processes. For the avoidance of doubt, the networks and/or other entity issuing your payment card, and not the Company, is responsible for customer service related to your payment card.

2. The charges indicated on the Platform for the Platform Services will be as determined by the Company or the respective Vendors, as the case may be, and may exclude taxes and other applicable charges as described on the Platform. The applicable fees and charges and Platform Services may change at the Company’s or Vendors’ sole discretion and We do not guarantee that the charges will be the lowest in the city, region or geography.

3. The Platform Services shall be additionally governed by specific terms and policies (payment terms, cancellation policy, exchange policy, return policy, etc.) which can be found on the Platform itself and are incorporated by reference into these Terms of Use.

Scope of Platform Services:

1. The Company shall facilitate access to Platform Services relating to physical, recreational, wellness and mental fitness sessions, live experiences, recordings, personal appointments, and allied services provided by the Company or Vendor, including the booking of its facilities and sessions (“Sessions”). Additionally, the Company may also facilitate in providing access to Sessions which relate to activities such as mindful yoga, counselling and meditation and sports related training activities.

2. In order to participate in the Sessions, You will need to book the Sessions in advance through the Platform. Further, You may need to comply with certain technical requirements to participate in the Sessions.

3. You understand and agree that upon booking of the Session, based on Your activity, intensity, movements during a Session and other factor(s), we may ascertain a score through an energy meter, which We will use to calculate Your ranking during the Session and display the same in the leaderboard on the Platform. Your participation in the Session and enabling access to the camera of the device will automatically enable your participation in the leaderboard experience and thereby Your personal information including your username, photo (if any), and Your ranking and Your participation in the Session shall be visible to You as well as to other Users on the Platform. You understand and agree that We may be able to ascertain Your energy score only if You enable access to the camera of Your device. If you do not consent to sharing your personal information and choose not to use the energy meter and thereby not participating in the leaderboard, you must disable Platform access to Your camera in Your device settings. The Company hereby disclaims any guarantees of exactness as to the accuracy, exactness, satisfaction from the results derived from the energy meter.

4. You warrant that You are physically and medically fit to participate in the Sessions. You acknowledge that You understand Your physical and medical limits and shall attend the Sessions within the said limits. You agree that the Sessions offered herein, by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses, death or damage. You hereby assert that Your participation in the Sessions is voluntary and that You knowingly assume all such risks and hereby release the Company, Vendor or any other third-party entity of all and any liability arising out of such risks. The Company and/or Platform and/or any third-party entity does not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with Your usage of the Platform, the Platform Services or participation in the Sessions.

5. Further, You understand and confirm that access to the Cooking Services content is solely for personal, informational and reference purposes and You shall be solely responsible for any food prepared. The Company and/or Platform and/or any third-party entity does not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with Your access to, usage of or participation in the Cooking Services.

6. You will be eligible to use the Platform Services only when You fulfil the following conditions: (a) You have attained at least 18 (eighteen) years of age; and (b) You are competent to enter into a contract under the applicable laws. If You reside in a jurisdiction that restricts the use of the Platform Services because of age or restricts Your ability to enter into contracts such as these Terms of Use, You must abide by such age limits or other restrictions. In this regard, the parent or guardian of individual violating the aforementioned conditions shall indemnify, defend and hold harmless Company, Platform, Vendors, and its business partner(s) from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company, Platform, Vendors and its affiliates that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by such individuals pursuant to these terms.

7. The Company reserves the right to refuse access to the Platform or Platform Services to new Users or to terminate access granted to existing User(s) at any time without according any reasons for doing so.

8. The Company hereby disclaims any guarantees of exactness as to the duration, type, satisfaction or fitness for purpose of the Platform Services provided by it. Further, the Company makes no representation that the Platform Services provided by it are appropriate or safe for use.

9. The Company is a provider of online and mobile health and wellness. We are not a health care or medical device provider, nor should our Platform Services be considered medical advice. While there is third party evidence from research that meditation can assist in the prevention and recovery process for a wide array of conditions, the Company makes no claims, representations or guarantees that the Platform Services provide any therapeutic benefit.

10. Any health information and links on the Platform, whether provided by the Company or by third parties, is provided simply for your convenience.

11. Any advice or other materials in the Platform are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The Platform Services, content and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. The Company shall not be liable or responsible for any consequences of your having read or been told about any content or other materials derived from the Platform as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Platform Services.

12. People with existing dietary, mental or physical health conditions should speak with their health care providers before using the Platform.

13. Any memberships, Sessions, subscriptions, classes or activity bookings bought by You are non-transferrable and non-refundable.

14. If the Company, Vendors or its affiliates run any offers or discounts subsequent to Your purchase, neither the Company, Vendors nor its affiliates are obliged to offer You the benefits under such subsequent offers, however the Company or its affiliates as may be the case, may offer You benefits under subsequent offers at an additional fee. In addition to these terms, there may be additional terms and conditions applicable on You under the specific offers, discount and sales schemes or campaigns.

15. The Company may review Your usage of the Platform Services and suspend or terminate Your membership at any time for any reason in Company’s sole discretion with or without notice to You. The Company also reserves the right to initiate legal action against You.

Feedback and Suggestions

1. You agree to provide honest feedback and reviews about the Platform Services, if required by the Company.

2. In case of any dissatisfaction with the Platform Services, You shall first file a formal complaint with the customer service of the Company, prior to pursuing any other recourse. The complaints can be lodged at [email protected], and upon lodging a complaint You agree to provide complete support to the customer service team with all such reasonable information as may required. The decision of the Company relating to Your complaints shall be final and You agree to be bound by the same.

Eligibility to Use

1. The Platform Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any individuals previously suspended, terminated or removed by the Company for any reason whatsoever.

2. You represent and warrant that You are at least 18 years old and of legal age and capacity to form a binding contract and that your access to the Platform Services is not prohibited under any applicable agreement, laws and regulations.

3. The Company reserves the right to refuse access to the Platform or Platform Services to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

4. You shall not have more than one active Account (as defined below) on the Platform. Additionally, You are prohibited from assigning, selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account on the Platform.

License to Use

1. The Company grants You a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Platform and the Platform Services.

2. The Platform contains or embodies copyrighted material, proprietary material or other intellectual property of the Company or its licensors. All right, title and ownership in the Platform remain with the Company or its licensors, as applicable. The rights to download and use the Platform Services are licensed to You and are not being sold to You, and You have no rights in them other than to use them in accordance with these Terms of Use.

3. You agree that You will not and You will not assist or permit any third party to:

a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Platform or the Platform Services in any way, or create derivative works of the Platform Services;

b) Use the Platform or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;

c) Rent, lease, loan, make available to the public, sell or distribute the Platform in whole or in part;

d) Tamper with the Platform or circumvent any technology or method used by the Company or its licensors to protect any content accessible through the Platform;

e) Circumvent any territorial or other restrictions applied to the Platform; or

f) Use the Platform in a way that violates the license granted under these Terms of Use.

4. You may not make the Platform available to the public or other third parties. The Platform made available (in whole or in part) is owned by the Company or its licensors and your use of them must be in accordance with these Terms of Use.

User Account, Password, and Security

1. In order to access the Platform Services and Platform, You will have to create and register a user account on the Platform (“Account”) by providing details about Yourself, including Your name, address, contact details and such other details as may be required (“User Information”).

2. You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any part thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.

3. You shall be responsible for maintaining the confidentiality of your Account, and are fully responsible for all activities and transactions that occur under or through Your Account. You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any suspected or actual breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision and you agree to pay the Company for all fees and charges incurred on your Account. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account secure and confidential.

4. Use of another individual’s User Account to access the Platform Services is expressly prohibited.

5. The way we use and collect User Information with respect to the privacy of such User Information is set forth in our Privacy Policy

6. By creating an account on the Platform, you are agreeing to receive emails and/or texts from us relating to occasional or special offers, marketing, survey or Platform based communications. You can unsubscribe from these notifications by following the opt-out instructions in the emails or texts.

Fees, charges and subscriptions

1. Your Platform membership may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, we will begin billing You for periodical membership fees at the end of the free trial period unless you cancel your membership prior to the end of the free trial period.

2. You agree to pay the Company for all fees and charges incurred while using the Platform and the Platform Services. Additional taxes or third party charges may apply. The Companyreserves the right to modify the price / fee of any subscription(s) and / or any service(s) and / orthe Platform Services at any time. You shall be charged such price / fee prevailing at the time ofpurchase / renewal, as the case may be.

3. The Company may offer (a) pay per session; (b) subscription options, which could be monthly, quarterly, half yearly, annual subscription options. For the purposes of our weekly, monthly and yearly subscriptions, a week constitutes 7 calendar days, a month constitutes 30 calendar days and a year constitutes 365 calendar days.

4. You may cancel your subscription to the Platform at any time by going to your Account Settings. You must cancel your subscription before the respective renewal date to avoid billing of the next period’s then subsisting subscription fee to the Payment Detail you have provided. Refunds cannot be claimed for any partial-term subscription period.

5. Any promotion code or offer provided may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Platform, except where expressly stated otherwise. Previous users, including those having only booked / utilised trial services, or trial users of the Platform do not qualify as new users. No promotion code or discount will apply to Vendor’s Services unless otherwise stated on the Platform. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription or membership purchased.

Payment Services

1. All payments in respect of the Platform Services shall be made to the Company through the Platform. To the extent permitted by applicable law and subject to the Company’s Privacy Policy, you acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.

2. In order to make payments through the Platform, You undertake to provide us with a valid payment card, bank details, third party wallets or other necessary details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that: (1) You are legally authorized to provide such Payment Details; (2) You are legally authorized to perform payments using such Payment Details; and (3) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You agree that You are responsible for any fees charged by Your mobile carrier or other third parties in connection with Your use of the payment services available through the Platform. The Company shall use the Payment Details as described in the Company’s Privacy Policy. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.

3. The payment receipt for completion of a transaction shall be provided by the respective Vendor(s) where applicable, and the transaction summary shall be provided by the Company. The payment receipt and transaction summary shall be made available on the Platform and also sent to your Account email address. While the Company collects the payment on behalf of the respective Vendor, and eventually settles the same, we are not a bank nor do we offer payment, money or remittance services.

4. Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because: (1) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (2) You have not provided the Company with correct Payment Details; (3) Your payment card has expired; or (4) circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

5. You are responsible for all transactions taken through your Account and the Platform shall not be responsible for any unauthorised transactions conducted on our Platform using Your Payment Details. The Platform shall not be obligated to refund any money to You in such instances.

Use of Platform

1. Subject to compliance with the Terms of Use, the Company grants You a non-exclusive, limited license to access and use this Platform and the Platform Services. You agree to use the Platform Services, Platform and the materials provided therein only: (a) for purposes that are permitted by the Terms of Use; (b) for purposes for which the Platform Services are meant to be used; and (b) in accordance with any applicable agreement, law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company or other Users.

2. You agree not to access (or attempt to access) the Platform and the materials or Platform Services by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

3. You acknowledge and agree that by accessing or using the Platform or Platform Services, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Platform.

4. If the Platform allows You to post and upload any material on the Platform, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility. The Company reserves the right to review any information provided or data uploaded, if any, by You on the Platform and delete any content that is inconsistent with these Terms of Use.

5. Further, in using the Platform, You undertake not to:

i) defame, abuse, harass, threaten or otherwise violate the legal rights of others;

ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

iii) copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company;

iv) conduct or forward surveys, contests, pyramid schemes or chain letters;

v) upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

vi) upload or distribute files that contain viruses, corrupted files, data, or any other similar software or programs that may damage the operation of the Platform or another's computer;

vii) engage in any activity that interferes with or disrupts access to the Platform or the Platform Services (or the servers and networks which are connected to the Platform);

viii) attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or to any of the Platform Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;

ix) probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or Platform Services or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;

x) disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;

xi) collect or store data about other individuals who use the Platform (“Users”) in connection with the prohibited conduct and activities set forth in this Section.

xii) use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

xiii) use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;

xiv) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

xv) violate any applicable laws or regulations for the time being in force within or outside Singapore or anyone’s right to privacy or personality;

xvi) violate the Terms of Use contained herein or elsewhere;

xvii) reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform;

xviii) upload to the Platform or otherwise post, transmit, distribute or disseminate through the Platform any content that in the Company’s sole judgment is objectionable, restricts or inhibits any person or entity from using or enjoying any part of the platform or which may expose the Company its affiliates or Users to any harm or liability of any nature;

xix) encourage conduct that would be considered a criminal offence or gives rise to civil liability;

xx) breach any duty toward or rights of any person or entity, including rights of publicity or privacy; and

xxi) advertise products or services competitive with the Company’s or its partners’ products and services, as determined by the Company in its sole discretion.

6. Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable (upon notice from the Company), non-transferable license to access and view any content available on the Platform, subject to the following conditions:

i) You may access the content solely for personal, informational and internal purposes, in accordance with the Terms of Use;

ii) You may not copy, record, modify or alter the content available on the Platform;

iii) You may not distribute or sell, rent, lease, license or otherwise make any content on the Platform available to others; and

iv) You may not remove any text, copyright or other proprietary notices contained in the content downloaded from the Platform.

User Content

1. In connection with your use of the Platform, you may provide reviews and other content regarding the Platform Services. This content may include photos or other materials or information uploaded to the Platform (“User Content”). You agree that you will not upload User Content to the Platform unless you have created that content yourself or you have permission from the copyright owner to do so.

2. For any User Content that you upload to the Platform, you grant us and our subsidiaries, affiliates, and successors a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right and license to use, license, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, derive revenue or other remuneration from, and communicate to the public, perform, and display that User Content (in whole or in part) throughout the world in any media in order to provide and promote the Platform and the Company’s business. You retain all rights in your User Content, subject to the rights granted to the Company in these Terms of Use.

3. You acknowledge that the Company has no obligation to pre-screen, edit, or monitor any User Content or any content produced by Vendors, although the Company reserves the right in its sole discretion to refuse, remove, screen, edit or disable any User Content at any time and for any reason without notice. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.

4. You agree to respect the intellectual property of others at all times.

Intellectual Property Rights

1. The Platform and the processes, and their selection and arrangement, including but not limited to, all material, text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content” ) on the Platform is owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

2. All Content shall only be used in accordance with these Terms of Use and You agree that you shall not acquire any ownership rights in or to such Content. Content not explicitly indicated as downloadable may not be otherwise downloaded, displayed, recorded, distributed, performed, transferred, exploited or copied from the Platform.

3. The intellectual property, images, products, trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company or Vendors or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Company, or the Vendors, or the third party that may own the Marks.

Disclaimer of Warranties & Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law:

1. The Platform, Platform Services and other Content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Platform or the Platform Services will meet Your requirements or Your use of the Platform or the Platform Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform, or Platform Services will be effective, accurate or reliable; (iii) the quality of the Platform or Platform Services will meet Your expectations; or (iv) any errors or defects in the Platform or Platform Services will be corrected. No statement or information, whether oral or written, obtained by You from the Company or through use of the Platform Services shall create any warranty or duty not expressly stated in the Terms of Use.

2. The Company will have no liability related to any claim relating to User Content infringing intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Content.

3. The Company will not be liable for any loss, injury or damage that You may incur as a consequence of use of Your Account or Account information in connection with the Platform or Platform Services, either with or without your knowledge.

4. The Company has endeavored to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Platform Services. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company's control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

Indemnification and Limitation of Liability

1. You agree to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, employees and Vendors on the Platform (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any term, condition, representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your User Content, use of the Platform or Platform Services, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

2. In no event shall the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform, Platform Services or Content on the Platform.

3. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

Violation of the Terms of Use

You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company and/or Vendors, as the case may be, for which monetary damages would be inadequate, and You consent to the Company and/or Vendors obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company and/or Vendors obtaining may have at law or in equity. If the Company and/or Vendors take any legal action as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

Suspension and Termination

1. The Terms of Use will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) immediately stop accessing the Platform.

2. The Company may delist You or block Your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them.

3. If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to Your use of the Platform Services and the Company shall have no liability to You or any third party for doing so. However, your transactions details may be preserved by the Company for purposes of tax or regulatory compliance.

4. You shall be liable to pay for any Platform Services that you have already ordered till the time of termination by either party whatsoever.

5. The Company shall have the absolute right to suspend, cease or terminate your Account and access to the Platform. If the Company unilaterally terminates Your account without providing any reason and You have not breached these Terms of Use, then the applicable subscription fee (pro-rated) or cash back (if any) shall be refunded to You.

Governing Law, Dispute Resolution and Arbitration Agreement

1. Any dispute, controversy or claim arising out of or relating to this Terms of Use or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the applicable laws shall be amicably settled through mutual consultation and escalation at such offices of the Company as Company may designate. If the Dispute is not settled amicably as aforesaid within a period of 14 (Fourteen) calendar days, any and all Disputes, as defined above, whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration (including any question regarding the existence, validity or termination of these Terms of Use) rather than in court and 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 Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be Singapore and the Tribunal shall consist of a sole arbitrator appointed mutually appointed by the Parties. The language of the arbitration shall be English. To the maximum extent permitted by law, the arbitrator’s award will be final and binding on the Parties.

2. You acknowledge and agree that you and the Company are each hereby waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding or having any Dispute decided in a lawsuit, in court, by a judge or jury trial. However, each Party retains the right to bring an individual action in a competent court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

3. These terms shall be governed by and constructed in accordance with the laws of Singapore without reference to conflict of laws principles and disputes arising in relation hereto .

Report Abuse

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: [email protected].

Communications

You hereby expressly agree to receive communications by way of SMS and/or e-mails from the Company, Vendors and other third parties relating to the Platform Services provided through the Platform. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by e-mailing to [email protected]. However, this may limit the extent of Platform Services that you can avail.

General Provisions

1. Force Majeure: We will not be liable to you for any lack of performance, or the unavailability or failure, of the Platform, or for any failure or delay by us to comply with these Terms of Use, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

2. Entire Agreement: These Terms of Use and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms of Use or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.

3. Severability: If any provision of these Terms of User is found unenforceable, then that provision will be severed from these Terms of Use and not affect the validity and enforceability of any remaining provisions.

4. Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to [email protected] with subject line – Attention: TERMS OF USE.

5. Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. These Terms of Usee are personal to you and no third party is entitled to benefit under these Terms except as set out here. The Company’s rights and obligations under the Terms of Use are freely transferable by the Company to any third party without the requirement of seeking Your consent.

6. Severability:If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

7. Waiver:Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

IP Infringement

If You believe the Platform or any of the Platform Services violates Your intellectual property, You must promptly notify the Company in writing at [email protected] / [email protected]. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:

i) The intellectual property that You believe is being infringed;

ii) The item that You think is infringing and include sufficient information about where the material is located on the Platform;

iii) A statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;

iv) Your contact details, such as Your address, telephone number, and/or email;

v) A statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and

vi) Your physical or electronic signature.