Terms and Conditions

Terms and Conditions

AKSC PTE LTD trading as Trademarker

Thank you for using our website trademarker.sg, the information made available there and its services (the “Website​”). The Website is provided by AKSC PTE LTD trading as Trademarker (the “Company​”). These terms of service (the “Terms​”) govern your access and use of the Website.

Please read them carefully.

By (a) accessing and using the Website, or (b) creating an Account (defined below), or (c) purchasing, accessing or using any of the Services (defined below), you acknowledge that you have read these Terms and agree to be bound by these Terms as a User (defined below) of the Website and the Services. Please note that you must not create an Account nor access and use the Website unless you agree to these Terms. If you have already created an Account but no longer wish to accept these Terms, please immediately cease all access and use of the Website.

If you have any questions about these Terms, or if you wish to send us any notices in relation to these Terms, you may contact us at legal@aksc.sg.

1.Definition

1.1 For the avoidance of doubt, the following words have following meanings:

“Affiliate​” means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity, and includes the Representatives of such an entity.

“Applicable​ ​Laws​” means any statutes, laws, rules, regulations, codes and ordinances, any judicial or administrative court rulings or judgments, of any country, that are applicable to the subject entity or person.

“Content​” or “Contents​” means any data and/or information that is available, accessible or stored in the Website in an electronic form, including, without limitation, any advertisements, documents, text, files, images, sounds, moving images and videos

“Guidelines​” means any and all additional terms, guidelines, policies and/or rules prescribed or issued by the Company with respect to the access and use of the Website and/or the purchase and/or use of any of the Services, whether existing now or issued by the Company at a future date, and which forms part of these Terms between the Company and you and that may be posted by the Company on the Website, including any revised or amended version of the same as issued by the Company from time to time and that may be posted on the Website. Such revised or amended version of the same shall apply to you and you are deemed to have accepted the same, from the time it is published on the Website.

“Parties​” means you and the Company collectively and “Party​” means either one of them.

“PDPA​” means Singapore’s Personal Data Protection Act including all subsidiary legislation related thereto.

“Personal​ ​Data​” or “personal​ ​data”​ means data, whether true or not, about an individual who can be identified (i) from that data; or (ii) from that data and other information to which the organisation has or is likely to have access.

“Representatives”​ ​means the employees, agents and consultants of the subject entity, but, for the avoidance of doubt, shall not include the Company.

“Services”​ ​means any of the services available for free or for purchase to Users on the Website.

“Third​ ​Party​ ​Service​ ​Provider​” means such third parties which may be responsible for the sale and provision of any of the Services.

“User​” means a user of the Website and/or the Services, whether in his/her personal capacity or as a Representative of an entity, and where in the capacity as a Representative of an entity, shall include that entity.

“User​ ​Account​” means an account that is created by a User in order to access or use the Website or to purchase the Services.

1.2 Clause headings are for ease of reference only and are not intended to be part of or to affect the meaning, interpretation, or construction of any of the terms and conditions of these Terms.

1.3 Words importing the singular include the plural and vice versa.

1.4 Words importing the masculine gender include the feminine or neuter gender and vice versa.

1.5 References to persons are to be construed as references to an individual, company or trust as the context requires.

1.6 Reference to any law, statute, enactment, ordinance, order, regulation or other similar instrument shall be construed to include a reference to the law, statute, enactment, ordinance, order, regulation or instrument as from time to time amended, extended, re-enacted or consolidated and all statutory instruments, orders, regulations or instruments made pursuant to it.

2.Agreement

2.1 These Terms represent an agreement entered into between you and the Company concerning:

(i)  your access and/or use of the Website;

(ii)  the creation, maintenance, and use of a User Account; and/or

(iii)  your purchase of any of the Services,

2.2 By your proceeding with (i), (ii) and/or (iii) above, you are declaring that you have read, understood, and agree to accept and be bound by and comply with these Terms.

2.3 These Terms may be amended or supplemented from time to time by the Company at its sole discretion, by posting an amended set of the Terms on the Website. Your continued access or use of the Website, your User Account and/or your continued use and/or purchases of the Services, including those previously purchased, following the posting of any changes or modifications will constitute your acceptance of such changes, modifications, supplements or of such amended Terms.

2.4 You agree to be bound by and to fully observe and comply with these Terms including any Guidelines that may be issued by the Company from time to time, with regard to your access and/or use of the Website and/or your User Account and/or your purchase and/or use of the Services.

3.User​ ​Account

3.1 In order to purchase, access and use the Services and/or to access some features or aspects of the Website, you will be required to create a User Account which is protected by a password. In doing so, you agree to:

(i) provide true, accurate, complete, and up-to-date information as is necessary for the

creation and maintenance of your account; and

(ii) promptly update such information to ensure that it is true, accurate, complete and

up to date. In the event that you provide any information that is false, inaccurate, incomplete or outdated, or if the Company has reason to believe that such information is false, inaccurate, incomplete or outdated, the Company reserves the right to suspend or terminate your account and refuse any and all current or future use of the Website and/or the Services, or to act in accordance with Section 13 below.

3.2 You acknowledge and agree that you are responsible for maintaining the confidentiality, safekeeping and security of your User Account details, including any passwords that may be used to access your User Account. You must promptly notify the Company in writing at legal@aksc.sg if you know or suspect that your password or User Account has been compromised. You agree to exit and log out from your User Account each time your use of the Website and/or the Services has ended.

3.3 Please note that in accessing and using your User Account through the Website, you must ensure that you continue to comply with the Terms and other Guidelines which may be issued by the Company from time to time.

3.4 Without prejudice to the foregoing, you shall be solely liable and responsible for any activity conducted through your User Account or using your User Account information, unless you have notified the Company in writing of the closure, compromise or misuse of your User Account and the Company has received such notification. You acknowledge that the Company would not have the means to verify the identity of the party using your User Account information or of your username and password on the Website or in your purchase of any Services and you agree that the Company will not be responsible, in any way whatsoever, for losses or damages suffered by you or any third party if there is any unauthorised use of your User Account information, username or password.

3.5 You agree that the Company is under no obligation to investigate the authenticity or authority of any activity conducted through your User Account or using your User Account information or to verify the accuracy and completeness of the same. Accordingly, any activity conducted through your User Account or using your User Account information may be treated as valid and binding on you.

3.6 Except where authorized by the Company, you agree not to:

(i) register more than one User Account; or

(ii) register a User Account on behalf of or for the benefit of any other party without that

party’s consent; or

(iii) operate a User Account on behalf of or for the benefit of any other party who is not

eligible to register for or operate a User Account in their own capacity; or

(iv) transfer your User Account to another party.

3.7 You agree that the Company is not and will not be liable for any loss or damage arising from your failure to comply with the obligations set out in this Section 3.

3.8 In the event that any activity conducted through your User Account, including but not limited to any transactions entered into, is found to be fraudulent and/or unauthorized (whether due to the actions of a third party or otherwise), and/or in the event that there is an unauthorized access and use of your User Account in violation of your obligations set out in this Clause 3, you agree that without prejudice to any other remedies available to the Company and/or any relevant Third Party Service Providers under these Terms, the Company and/or the relevant Third Party Service Provider shall be entitled to deem such activity, including but not limited to any transactions entered into, as void and invalid at the Company’s and/or the relevant Third Party Service Provider’s own discretion (as the case may be) and that such activity, including but not limited to any transactions entered into, shall not be legally binding against the Company and/or the relevant Third Party Service Provider unless otherwise expressly stated by the Company and/or the relevant Third Party Service Provider.

4.Privacy

4.1 You agree that the Company may collect, use, disclose, process and/or store your personal data, in accordance with the terms of the Company’s Privacy Policy.

4.2 Your personal data and such other personal data provided by you to the Company may also be disclosed to the Company’s third party vendors, agents, affiliates or related corporations, and/or other third parties, including the Third Party Service Providers, whether sited in Singapore or outside of Singapore, for one or more of the purposes set out in the Company’s Privacy Policy or as indicated below. Where such personal data is to be transferred out of Singapore, the Company will comply with the PDPA in doing so.

4.3 You represent and warrant that:

(i) for personal data of any third party individuals that you disclose to the Company, whether in the course of accessing and using your User Account (if applicable), accessing and using the Website, and/or purchasing, accessing or using any of the Services or otherwise, that you would have prior to disclosing such personal data to the Company obtained consent from the individuals whose personal data are being disclosed, to:

(a) permit you to disclose the individuals’ personal data to the Company for the purposes as set out in the Company’s Privacy Policy; and

(b) permit the Company to collect, use, disclose and/or process the individuals’ personal data for the purposes as set out in the Company’s Privacy Policy, including disclosing the said personal data to the Company’s third party vendors, agents, affiliates or related corporations, and/or other third parties, including the Third Party Service Providers, which may be sited outside of Singapore, for the purposes as set out in the Company’s Privacy Policy and such third party vendors, agents, affiliates or related corporations, and/or other third parties, including the Third Party Service Providers, processing their personal data for the purposes as set out in the Company’s Privacy Policy;

(ii) any personal data of individuals that you will be or are disclosing to the Company are accurate; and

(iii) for any personal data of individuals that you disclose to the Company, that you are validly acting on behalf of such individuals and that you have the authority of such individuals to provide their personal data to the Company and for the Company, its third party services providers and agents to collect, use, disclose and process such personal data for the purposes as set out in the Company’s Privacy Policy.

5.Invitations​ ​to​ ​Treat

5.1 Unless otherwise expressly stated, nothing in the Website is intended to be, or shall be construed as an offer by the Company (or any Third Party Service Provider) for the provision of any services, including but not limited to the Services, and shall be deemed to be invitations to treat only. Any information relating to any services, including but not limited to Services, that may be found on the Website is for informational purposes only and should not be taken as a warranty or representation that such services, including but not limited to the Services, are available.

5.2 Any orders for any of the Services by you through the Website shall be deemed as an offer by you to the Company (or the relevant Third Party Service Provider) which the Company (or the relevant Third Party Service Provider) may choose to accept or not. The Company (or the relevant Third Party Service Provider) may issue Guideline(s) further elaborating on how orders for any of the Services are to be accepted or rejected.

5.3 Notwithstanding the generality of the above, any offer or invitation to treat that is made available through the Website shall only extend to Services that are offered and provided in the Republic of Singapore and shall be void where prohibited by law. For the avoidance of doubt, the Company does not, by any offer or invitation to treat made available through the Website, represent or warrant that the Services shall be available, offered or provided in any other country.

6.Using​ ​our​ ​Website

6.1 You are entitled to access and use the Website in accordance with these Terms and any policies, terms or conditions made available to you within the Website.

6.2 You agree that you shall not:

(i) reverse engineer or reverse compile, or directly or indirectly allow or cause a third party to reverse engineer or reverse compile, the whole or any part of the Website and/or the Services;

(ii) reproduce or make any copies of the Website and/or any Contents in or on the Website, in whole or in part, including any software therein, except with the prior written consent of the Company;

(iii) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, including but not limited to any features that:

(a) are designed to verify the identity of the User;

(b) prevent or restrict the access to or use of any particular functionalities and/or facilities of the Website and/or the Services;

(c) prevent or restrict the access to, use of, or the copying of any Content that is made available or accessible through the Website;

(iv) delete any trademarks, service marks, logos, signs and/or marks used by the Company (the “Trademarks​”), and/or other proprietary rights notices that is/are displayed on the Website therein;

(v) use the Website and/or the Services for any purpose that is unlawful or prohibited by these Terms and/or any Guidelines;

(vi) use the Website in any manner that could damage, disable, overburden, or impair the operation of the Website, or interfere with any other persons’ access to and use of the Website;

(vii) use any device, software or routine, including, but not limited to, any viruses, trojan horses, worms, time bombs or bots intended to damage or interfere with the proper working of the Website and/or to intercept or expropriate any Content, system, data or personal data from the Website;

(viii) modify, adapt, translate or alter any part or the whole of the Website, the Services

and/or any Contents therein, merge all or any part of it with any other software

program, or create any derivative works based on the Website, the Services and any

Contents therein; and/or

(ix) transmit any content to/from the Website of any type that : (1) infringes or violates

any rights of any party; (2) is false, offensive, defamatory, inaccurate, misleading or

fraudulent; and/or (3) violates any Applicable Law.

6.3 The Company reserves its rights to report any unauthorised use or misuse of the information to the relevant authorities, whether located in Singapore or overseas.

6.4 The Services shall only be used by the User and/or the entity that it represents. The User shall not make the Services available to any other person. The User shall ensure that the entity it represents complies with these Terms and any Guidelines to the extent applicable to the use of the Website and/or the Services by the User and the entity that the User represents.

6.5 The User represents and warrants to the Company that it has the power and authority to enter into this Agreement.

7.Purchase​ ​and​ ​Use​ ​of​ ​Services

7.1 You may purchase Services from the Website. These Terms shall apply to your purchase and/or use of the Services to the exclusion of any other terms and conditions which you may purport to apply and in whichever way you purport to introduce them (“Your​ ​Provisions​”). For the avoidance of doubt, you acknowledge and agree that the Company (and/or the relevant Third Party Service Provider) shall not be bound by any of Your Provisions.

7.2 Notwithstanding Section 7.1, please note that the sale, access and use of certain Services may be provided by a Third Party Service Provider where applicable and not the Company (“Third​ ​Party Services​”). Such Third Party Services may be subject to a separate set of terms and conditions imposed by the relevant Third Party Service Provider or may require you to enter directly into an agreement with the relevant Third Party Service Provider (collectively, the “Third​ ​Party Terms​”). In such cases, you shall deal directly with the relevant Third Party Service Provider, and the Company shall not be a party to the transaction and legal relationship between you and the Third Party Service Provider and the Company shall have no responsibility or liability for the same.

7.3 Your purchase, access and use of such Third Party Services through the Website does not entitle you or any other person or entity to be able to access and use the Services without first agreeing to the Third Party Terms and the Company shall not be responsible or liable for any inability to access and use the Third Party Services, or any non-delivery of the Third Party Services, arising out of your failure to agree to the Third Party Terms.

7.4 The Company and/or any Third Party Service Provider has the absolute right to refuse to sell any of the Services to You.

7.5 The Company reserves the right to void or cancel, without any liability to the Company, any of the Services provided by the Company and/or purchased by any person in the event of a breach of any of these Terms, any Guidelines and/or if required by any Applicable Laws to do so.

7.6 In the event a regulatory authority which the Company would need to comply with, directs or instructs or gives guidance that:

(i) the Company should cease all sale and provision of any of the Services; and/or

(ii) the sale or provision of any of the Services would cause the Company to be in breach of any laws or regulatory requirements or guidance to which it is subject,

the Company shall be entitled to immediately cease all provision or sale of the Services, and refund to you any service fees paid in advance, provided that the Company shall be entitled to deduct from such service fees any costs or expenses incurred by the Company in order to provide the Services or part thereof. Thereafter, the Company shall have no liability whatsoever to you arising from the foregoing. For the avoidance of doubt, the obligation to provide refunds under this Clause 7.6 shall, with respect to Third Party Services, be subject to such Third Party Terms and the Company shall not be under any obligation to provide you with any refund whatsoever, (i) if you are not entitled to such a refund under the Third Party Terms, or (ii) if such service fees have been paid to the Third Party Service Provider, whether directly by you or through the Website. For all such matters, you will deal directly with relevant Third Party Service Provider in respect of any such claims for refunds.

7.7 Any claims against or disputes with a Third Party Service Provider shall be settled between you and the relevant Third Party Service Provider. The Company shall not be responsible or liable for any claims or disputes between a User and a Third Party Service Provider.

7.8 Notwithstanding the duties and responsibilities of the Company in relation to the Services, the User agrees that the User (and/or the entity that he/she represents) remains solely responsible and accountable for:

(i) the management, conduct and operation of the User's business and the User's affairs;

(ii) deciding on the use of and choosing to what extent the User wishes to rely on the Services;

(iii) the User's decisions concerning the Company's Website and Services, the User's interests or the User's affairs;

(iv) the implementation, operation and maintenance of the User's software, computer systems and processes; and

(v) the delivery, achievement or realisation of any benefits, directly or indirectly related to the Website and/or Services, which require implementation by the User.

8.Intellectual​ ​Property

8.1You acknowledge that the Company or third parties (as the case may be) own all rights, title and interest in and to the Website and/or the Intellectual Property Rights in the Website and/or the Services, including without limitation software relating thereto, and you shall not do or permit any act which is directly or indirectly likely to prejudice the rights, title or interest of the said rightful owner(s) in and to any of the aforesaid. “Intellectual​ ​Property Rights​” means any and all rights existing from time to time (both current and future) under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, or capable of protection in any relevant country in the world. Unless otherwise expressly permitted by mandatory Applicable Law, you agree not to modify, adapt, translate, prepare derivative works from, or decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Website. Without prejudice to the generality of the foregoing, you shall not use in any way and shall not reproduce any Trademarks that are associated with the Company and/or that you have sight of when accessing and using the Website and/or the Services, without the prior written consent of the Company.

8.2 The Company hereby grants to you a limited personal, non-sub-licensable, non-transferable, revocable, terminable and non-exclusive license to access and use the Website (the “Licence​”). The grant of this License does not constitute a transfer or sale of the Website or any copy thereof, and the Company retains all right, title, and interest in and to the Website, including any software or any Intellectual Property Rights therein.

8.3 You undertake that you shall not use and you shall not allow the use of, the Trademarks in any of the following ways:

(i) as part of any corporate or legal business name, which you are connected with, involved in or participating in;

(ii) in connection with any of your services or activities;

(iii) as part of any domain name, homepage, electronic address, metatag, or otherwise in connection with the Internet or a website, except with the prior written consent of the Company; and

(iv) with any prefix, suffix, or other modifying words, terms, designs, or symbols.

8.4 You agree and undertake that:

(i) all rights, title, interest and any goodwill in the Trademarks, or any derivatives thereof, belong exclusively and wholly to the Company and that you shall not under any circumstances gain any right to or interest or goodwill in the Trademarks or any derivatives thereof independently of the Company; and

(ii) you shall not register domain names associated with or including the Trademarks, or any derivatives thereof, or any name that is confusingly similar to any of them including any visual or phonetic equivalent or other derivation thereof (hereinafter referred to as “Domain​ ​Names​”) and that the Company shall retain at all times all legal and beneficial rights, title and interest in the Domain Names.

8.5 You shall not at any time, including in the event of a termination of the agreement entered into with you based on these Terms, use, adopt, register or apply to register, in any country, any name, corporate name, company name, business name, trading name, domain name, or trade mark which:

(i) is identical, similar to, or is a colourable imitation of, the Trademarks;

(ii) incorporates the Trademarks, or is a combination or variation of the Trademarks; or

(iii) is similar to any graphic, visual or phonetic representation of the Trademarks.

9.Links​ ​to​ ​Third​ ​Party​ ​Content

9.1 Nothing in or on the Website shall be considered an endorsement, representation or warranty of or by the Company with respect to any third party or any third party's websites, content, products, services or otherwise. Without limiting the generality of the foregoing, the foregoing applies to any advertising content whether paid or unpaid, as well as links that may be provided in the Website or the contents available and accessible through the Website. Such links (if any) are provided solely as a convenience to you. You use such links to access third party content, websites or applications at your own risk. the Company makes no representations or guarantees regarding the availability or content (including its truthfulness, accuracy, completeness, timeliness or reliability) of such third party content, websites or applications in respect of which links have been provided in the Website, nor with regard to broken links.

9.2 All Intellectual Property Rights to any and all such third party content, websites or applications accessible through links contained on the Website belong to their respective owners. The Company does not claim to have any rights over the same and in no circumstances shall the Company be considered to be associated or affiliated in whatever manner with any such Intellectual Property Rights used or appearing on any and all such third party content, websites or applications accessible through links contained on the Website.

10.Links to Website

10.1 Except as expressly set forth at Section 10.2, caching and links to (including deep linking), and the framing of the Website and/or any of the web pages therein are prohibited.

10.2 You may not link to the home page of the Website unless you first notify the Company in writing and obtain the prior written approval of the Company to do so.

10.3  Under no circumstances shall the Company be considered to be associated or affiliated in whatever manner with any Intellectual Property Rights used or appearing on websites that link to the Website and/or any of the web pages therein.

10.4 The Company reserves the right to disable or thwart any unauthorised links or frames and disclaims any responsibility for the content available on any other website that links to the Website.

 

11.Disclaimer​ ​of​ ​Warranties​ ​and​ ​Liability

11.1 We provide our Website and the Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. Notwithstanding, we do not make unwarranted commitment through our website. 

11.2 You acknowledge and agree that the Website (including all Contents therein) and the Services are provided on an “as is” basis, and the Company disclaims all warranties and makes no warranty of any kind, whether express or implied (statutory or otherwise), including but not limited to warranties on the merchantability, sufficiency, quality and fitness for a particular purpose of the Website and/or any of the Services. The Company further makes no warranty that the Website and/or any of the Services do not infringe the rights (including Intellectual Property Rights) of any party. Subject to the foregoing, you wholly assume all risks in your access and use of the Website and/or your purchase and/or use of any of the Services. Hence, the Company does not warrant, and excludes all liability in respect of:

(i) the accuracy, completeness, fitness for purpose or legality of any information published by the Company through the Website, or that is communicated to you relating to the Website and/or the Services;

(ii) the Website (including any Contents therein) and/or the Services in respect of their quality, usability, fitness for purpose or any other aspect thereof; and

(iii) any of the information, data, materials or facilities contained or incorporated in or on the Website, and/or the accuracy of the same.

11.3 The Company, and any third parties (as the case may be) who make their software or Services available in conjunction with or through the Website disclaim any warranties regarding security, reliability, timeliness, and performance of the Website. You further understand and agree that you access and use of the Website, and/or purchase and use of any of the Services are at your own discretion and risk and that you will be solely responsible for any loss or damages to your mobile device system or computer or loss of data that results from the access and use of the Website, and/or purchase and use of any of the Services.

11.4 Save as otherwise expressly provided for in these Terms, the Company makes no guarantee, representation, or warranty whatsoever that:

(i) the Website, the Services and the Contents provided therein will be error free;

(ii) you will be able to access the Website and/or Services, and/or that Website access or access to the Services will be uninterrupted;

(iii) the Services and/or the Website (including any Contents therein) will meet your requirements or be fit for your purposes, whether or not such requirements or purposes have been informed to the Company or otherwise; and/or

(iv) any information provided via the Website and/or the Services is accurate.

11.5 You acknowledge that your access and use of the Website (including any Contents therein) or purchase, access and use of any of the Services presents the possibility of human and machine errors, inaccuracies, omissions, delays, and losses, including the inadvertent loss of data which may give rise to loss or damage suffered by you, and you agree and undertake that you shall not hold the Company liable in any way whatsoever for the said loss or damage.

11.6 Neither the Company, nor any of its affiliates, agents, third party vendors, employees, personnel, or servants shall be responsible or liable to a User for any direct, indirect or consequential loss, damage or costs (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of or in connection to:

(i) any access, use or inability to access or use the Website or the Services by the User;

(ii) any act or omission that the User is responsible for which contributed to the User’s loss, damage or liability;

(iii) any loss or damage to any system or server (including peripherals, software installed or data stored thereon), or connection failure, error, omission, interruption or delay in transmission used to access the Website and/or the Services;

(iv) any processing deficiency by the Services that is caused (in whole or in part) by input data that is erroneous or inaccurate;

(v) any computer virus or other destructive, malicious or corrupting code, program or macros that may affect the system or server (including peripherals, software installed or data stored thereon) or any other property of the User;

(vi) where applicable, any loss, corruption or leak of information caused by the transfer of information across the internet in the course of the Services;

(vii) reliance on the information on this Website or information received from the use of the Services;

(viii) the User relying, acting or omitting to act on the information received through the Website or the Services; and

(ix) improper or unauthorised use of the Services and/or the Website.

11.7 Further, no warranty is given that access to the Website or the Services will be provided uninterrupted or free from errors or that any identified defect will be corrected or that the information on the Website or received from the Services is free from any computer virus, or other destructive, malicious or corrupting code, program or macros.

11.8 You acknowledge and agree that your purchase, use and access of Third Party Services is at your sole risk and responsibility and that the Company has not given any representation or inducement, nor have you relied on any of the same, in purchasing, using and/or accessing the Third Party Services. The Company hereby disclaims all representations, warranties and/or undertakings, whether express or implied (by statute or otherwise), with respect to the Third Party Services, including but not limited to any warranty of satisfactory quality, fitness for purpose, merchantability or sufficiency. The Company, nor any of its affiliates, agents, third party vendors, employees, personnel, or servants shall be responsible or liable to you for any direct, indirect or consequential loss, damage or costs (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of or in connection to any Third Party Services, whether directly or indirectly. 

11.9 Where the Company’s liability is not expressly excluded under these Terms or under any applicable law, the Company’s liability to you in contract, tort (including negligence) or otherwise howsoever and whatever the cause thereof, arising by reason of or in connection with these Terms, Services and/or the Website (including the Contents therein), shall be limited to the sums paid by you to the Company for the purchase of the Services during the three (3) months preceding the date when your cause of action arose or S$1,000, whichever amount is lower.

11.10 Notwithstanding anything that may be to the contrary, no action may be brought by you against the Company, under these Terms or related to any of the Services and/or the Website, more than one (1) year after the cause of action arose. For the avoidance of doubt, this limitation shall not apply to claims by the Company against you.

11.11 The Services cannot be relied upon to disclose fraud, defalcations or other irregularities or any non-compliance with relevant laws and regulations. The Company is not obligated to update or revise any information generated through the use of the Services to reflect information received and events occurring subsequent to the date of compilation of such information.

11.12 In no event shall the company be liable to you for any incidental, indirect, special, consequential, or punitive damages however caused and whatever based in contract, tort (including negligence) products liability or any other theory of liability, including but not limited to lost profits, lost revenues lost savings, costs of capital, cost of procurement of substitute goods/services, downtime costs, loss or impairment of data and other business loss. The foregoing limitation shall apply regardless of whether the company knows or has been advised of the possibility of such damages and notwithstanding of any failure of essential purpose of any limited remedy stated herein section 11.9.

12.Payment​ ​and​ ​Pricing

12.1 All paid services shall be provided on an advanced payment basis. You shall not be entitled to use the paid services prior to your account being appropriately funded. Any funds spent on services shall not be refundable unless expressly designated as otherwise. If, for any reason, we are unable to charge your payment method for the full amount due, or if we receive a notification of a cheque back, reversal, payment dispute, or are charged a penalty for any fee previously charged to your payment method, you agree that we may pursue all available lawful remedies in order to obtain reimbursement of such payments or penalties, including but not limited to the cancellation of your services and/or any trademarks registered or renewed on your behalf using the services. 

12.2 All purchases of the Services through the Website may be by way of a credit card transaction, bank transfer or local cheque. Where payment is made by way of a credit card transaction, you must be authorised to use the credit card of which number you have entered. When you use a credit card number to make a purchase of the Services, you warrant that you are either the lawful owner of that credit card or the lawfully authorised user of that credit card. You agree and authorise the Company to bill your credit card for the purposes of completing your purchase of the Services.

12.3 The fees for the purchase, access and use of the Services are those fees that are stated in the Company’s offer to the User and which the User has agreed to pay (the “Fees​”). Where payment is made by way of a credit card transaction, the Fees will be automatically billed to the User’s credit card that the User has provided during the registration process or such other credit card as may be provided by the User.

12.4 The User agrees to bear and pay any and all taxes (including without limitation goods and services tax, value-added tax and withholding tax) at the prevailing rate imposed or levied on the Services and the Fees. Save for specifically set out herein, any and all payments received by the Company are strictly non-refundable. Any request for a refund is strictly subject to the sole and absolute discretion of the Company.

12.5 The company reserves the right to charge you reasonable “administrative fees” or “processing fees” for 

(i)  tasks performed on the user’s behalf outside the normal scope of its services

(ii) additional time and/or costs the company may incur in proving its services to you and/or

(iii) costs resulting from your non-compliance with this Agreement (as determined by us in its sale and absolute discretion). 

These administrative fees or processing will be billed to the payment method you have on file with the company or its independent payment platform.

12.6 The Company reserves the right to review and revise the prices of the Services at any time, and any revised prices shall apply from such date as the Company publishes or posts the same on the Website, and/or otherwise as notified to you by the Company

13.Alteration​ ​or​ ​Termination

13.1 We are constantly changing and improving our Website and our Services. We may add or remove functionalities or features, and we may suspend or stop the Website and/or the Services or any part thereof.

13.2 The Company has the right to and you acknowledge that the Company can:

(i) withdraw any information, data or content forming a part of the Website; or

(ii) immediately suspend, withdraw or terminate:

(a) your User Account (if applicable);

(b) the Licence;

(c) your access and use of the Website; and/or

(d) your purchase, access and/or use of the Services (including those previously purchased),

at any time, without liability and without notice to you or any third party, for any or no reason whatsoever. You shall not hold the Company liable in any way whatsoever for any of the aforesaid. Without limiting the generality of the foregoing, in the event that your access and/or use of your User Account and/or the Website, or purchase or use of the Services is in breach of these Terms, the Company has the right to immediately terminate your User Account (if applicable), your access and use of the Website, and/or cancel any of the Services purchased by you, without notice and take all such action as it considers appropriate, desirable or necessary including but not limited to taking legal action against you.

13.3 Any termination or suspension of your User Account and/or the Services (if applicable) shall not entitle you to receive any compensation in respect of the termination.

14.General

14.1 If you are using our Website on behalf of a business or other entity, that business or other entity accepts these terms. You, and the business or other entity that you act on behalf of, will hold harmless and indemnify the Company and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Website or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

14,2 You represent and warrant that (i) you are not located in a country that is subject to any embargoes or sanctions, or any designations that such a country has terrorism links, imposed or designated by the U.S. Government, the United Nations, or any other applicable national governments, including but not limited to the Government of Singapore (collectively, the “Designations​”); (ii) you are not listed on any list of restricted entities, persons or organisations published by the U.S. government, the United Nations or any other applicable national governments, including but not limited to the Government of Singapore (collectively, the "Sanctions​ ​Lists​"); (iii) you are not owned or controlled by a person or entity which is included on such Designations and/or Sanctions Lists; and (iv) the Services obtained by you are not intended to be used by or on behalf of, or for the benefit of, any person or entity that falls within the categories set out in (i), (ii) and (iii). You also represent and undertake that the provision of Services to you shall not violate any including but not limited to any Applicable Laws, including but not limited to anti-money laundering laws or prohibitions on the financing of terrorism.

14.3  Headings included in this agreement are for convenience only and are not to be used to interpret the provisions on the agreement before third parties.

14.4 These Terms are the entire agreement between you and the Company in relation to your access and use of the Website and/or your purchase of the Services for the transaction in question and shall supersede all previous communications (whether written, oral or otherwise), discussions or letters relating to the same.

14.5 The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a competent court or arbitral tribunal holds any part of these Terms to be unenforceable as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms.

14.6 No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision.

14.7 The rights to access and use your User Account (if applicable) and/or this Website is personal to you, and you may not transfer or assign to a third party any of your rights and obligations as defined in these Terms without the Company’s prior written consent. The Company may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.

14.8 You agree to indemnify, defend and hold the Company, its related corporations/affiliates, including their respective successors, assigns, employees, officers, harmless from and against all claims, demands, actions, losses, damages, costs and expenses (including legal fees), arising out of and/or in connection with your breach of these Terms, your access or use of the Website and/or the Services, your use of your User Account (if applicable) and/or your failure to comply with any Applicable Laws or regulations.

14.9 These Terms are entered into between you and the Company. For the avoidance of doubt, except as expressly stated in these Terms, a person who is not a party to this Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the terms of these Terms.

14.10 You agree that no joint venture, partnership, employment, or agency relationship will exist between you and the Company as a result of these Terms and/or the purchase and use of any of the Services. 

14.11 These Terms, and/or the agreement entered into with you for your access or use of the Website, are governed by and shall be construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with these Terms and/or the said agreement, including any question regarding its existence, validity or termination, 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 the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. 

15.Copyright​ ​Notices

15.1 If you believe that any content on the Website infringes on your copyright rights, please contact us in writing as follows:

AKSC PTE LTD

50 Raffles Place, #19-00

Singapore Land Tower

Singapore 048623

Tel: +65 6513 7475

Email: legal@aksc.sg

In your communication, please include:

(i) A statement that you are the copyright owner or exclusive licensee of the copyrighted work or that you are authorised to act on behalf of the copyright owner or exclusive licensee of the copyrighted work; 

(ii) A description of the copyrighted work you claim has been infringed;

(iii) Identification of the copyrighted work you claim to have been infringed and a description of where it is located on the Website;

(iv) Your contact information, including your name, address in Singapore or address for service in Singapore if you are not a Singaporean resident, telephone number, facsimile number (if any) and email address;

(v) A statement by you, under penalty of perjury, that you have a good faith belief that the infringing use is not validly authorized by the copyright owner, the exclusive licensee or any authorised representative, or by law, and that the relevant content constitutes an infringing copy of the relevant copyrighted work;

(vi) A statement that the information in your notification is accurate;

(vii) A statement containing an agreement to submit to the jurisdiction of Singapore courts; and

(viii) A statement that you require the Company to remove/disable access to the copyrighted work.

Created on 1st of April 2021