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Terms of Service

1. ACCEPTANCE OF TERMS

1.1 In these terms and conditions (“Terms”), “we”, “us” or “our” refers to Chillwhr Pte. Ltd. (“Chillwhr”). “You” and “your” refers to any individual and/or organization registering for an account to use or access our mobile application available on various mobile platforms including but not limited to [iTunes and GooglePlay] or our website at www.chillwhr.com (collectively referred to as the “App”). By clicking and completing the registration process for a user account (“User Account”) with this App, you agree to be bound by these Terms. You also agree to accept Chillwhr’s Privacy Policy (available at [insert URL link to Chillwhr’s privacy policy]).

1.2 We may revise these Terms at any time without notice to you. These revisions shall take effect from the date the revised Terms are published through our App or on our website. It is your responsibility to check the App and our website regularly for changes to our Terms.

2. USER ACCOUNT REGISTRATION

2.1 You are required to apply and register for a User Account in order to access or use the App. We reserve the right to at our sole discretion, reject your application for a User Account or terminate any User Account. Your User Account is personal to you and strictly non-transferable to other persons.

2.2 In signing up for a User Account, you represent and warrant that: all information provided by you (including your name and mobile number) are true, accurate, current and complete; you will promptly update us of any change to the information provided; and that you are at least eighteen (18) years of age.

2.3 When registering your User Account, you will be issued with a User Account ID and password. You agree to keep your User Account ID and password confidential, not disclose them to any other person, and to notify us immediately if you have any reason to believe that the security of your User Account has been compromised.

2.4 You are solely responsible for any and all activities which occur under your User Account. We are entitled to treat all activities that occur under your User Account as having been conducted with your knowledge and authority. For the avoidance of doubt, where you have allowed any other person to use your User Account or have negligently or otherwise made your password and/or User Account ID publicly available, you remain fully responsible for the consequences of any use or misuse.

3. THIRD PARTY CONTENT

3.1 The App allows third parties to market their events and promotional activities to you. Should you wish to participate in such events and promotional activities, such engagement will be subject to separate terms as agreed between you and the relevant third parties. We are not responsible and disclaim all liability for any act or omission of these third parties, or any dealings between you and these third parties, whether or not such dealings have been facilitated or conducted on or through the App.

3.2 The App may contain information relating to products and services of third parties, and links to websites of third parties (collectively “Third Party Content”). All Third Party Content are provided for your information and convenience only. Nothing in the App shall be construed as an endorsement of any third party or its services. We have no control over, and assume no responsibility for Third Party Content. We are not liable for any loss or damage caused in connection with your use or reliance on any Third Party Content.

4. OWNERSHIP

4.1 The App and all its Contents are either owned by us or licensed to us by third parties. “Contents” refer to all content on the App including but not limited to all text, graphics, audio and images, music, videos, html code, photographs, interactive features, software, scripts, advertisements, buttons, the arrangement and compilation of content, and any trade marks, names, logos, design, pages, information, reports, documents and multimedia.

4.2 You acknowledge that you have no right, title, interest in and to the App and its Contents and you agree not to challenge the validity of our ownership of or rights to them.

4.3 We reserve the right at our discretion to change, modify, substitute, suspend, withdraw or remove without notice the App and/or its Contents (or any part thereof), from time to time.

4.4 The App is offered by us in Singapore and we make no representation that it complies with the laws or is appropriate for use in any other jurisdiction. You shall ensure that you comply with all applicable laws in the jurisdiction in which you access the App and shall be solely responsible for all consequences of any non-compliance.

5. ADVERTISEMENTS

5.1 We may place advertisements such as banners, java applets and/or such other materials for the purposes of advertising our and/or any third party’s product and/or services (“Advertisements”) in different locations on the App and at different points during your use of the App. These locations and points may change from time to time. You will not be entitled to receive any payment, fee and/or commission in respect of the Advertisements.

6. MESSAGING

6.1 The App allows you to engage in messaging services with other users. In order to provide you with these messaging facilities, you hereby grant us a non-exclusive, transferable, irrevocable, sub-licensable, royalty-free, worldwide licence to use, reproduce, distribute, create derivative works of, display and perform any information that you upload, submit, store, send or receive through the App for our business and operational purposes (including to transmit your messages and storing undelivered messages on our servers).

6.2 You acknowledge that there are inherent risks (including risks related to security, authenticity, integrity and confidentiality) in electronic communications, messaging and conducting transactions over electronic networks. We expressly disclaim any liability for such risks, which you agree to assume.

7. POSTINGS

7.1 The App allows you to post messages, images, or other content on a platform that can be publicly accessible by other users (“Posting”). You hereby grant us a non-exclusive, transferable, irrevocable, sub-licensable, royalty-free, worldwide licence to use any Posting for our business and operational purposes.

7.2 We do not endorse any Posting or any opinion, recommendation, or advice expressed therein. You bear full responsibility for your Postings and any consequences (legal or otherwise) associated with publishing or uploading them to the App. In connection with your Postings, you affirm, represent, and/or warrant that you own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use all content, trademarks, trade secrets, or any other proprietary rights in any and all of your Postings in the manner contemplated by these Terms.

7.3 You must not post (whether directly or indirectly) any content that is: (a) corrupted, or contains viruses, worms, trojan horses, or other materials that are intended to or may damage, disrupt or render inoperable our software, hardware or security measures, or that of other users or any third party; (b) illegal or otherwise contravenes or is prohibited under any applicable law, regulation or guideline as may be issued from time to time by any relevant authorities in any jurisdiction to which we are you are subject; (c) libellous, defamatory, pornographic, obscene or otherwise offensive to the general public; and/or (d) infringing on any rights of a third party including but not limited to contractual, intellectual property, moral or privacy rights.

7.4 We do not monitor or curate the Postings posted by you, but reserve the right to at our sole discretion and without prior notice, remove any Postings for any reason, including without limitation a violation of these Terms.

7.5 When using the App, you will be exposed to a wide variety of Postings from many different users. We are not responsible and disclaim all liability for such Postings, including any Postings that may be false, inaccurate, offensive, indecent, defamatory or objectionable.

8. LICENCE TO USE THE APP AND RESTRICTIONS

8.1 Subject to these Terms, we grant you a non-exclusive, revocable, non-transferable, limited licence to use the App. This licence does not transfer any title in the App to you. We retain all rights in the App and reserve all rights not expressly granted to you.

8.2 You shall not: (a) use any "robot," "spider", "crawler" or any program, algorithm or methodology having similar processes or functionality, to monitor or copy the Content found on the App; (b) take any action or otherwise use any device, software or routine to interfere or attempt to interfere with the proper working or use of the App; (c) interfere or attempt to interfere with the operation of the App including, "flooding" of networks, overloading or "crashing" the App, or taking any action that imposes an unreasonable or disproportionately large load on the App or its associated infrastructure; (d) circumvent or attempt to circumvent any user authentication or security measures of the App, including accessing data and/or information not intended for you, or in a manner not authorised by us; and (e) use the App or its Content to commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation in any jurisdiction.

9. TECHNICAL REQUIREMENTS AND CONSENTS

9.1 You acknowledge and agree that for the App to function, it requires a compatible mobile device with connectivity to the internet. You are solely responsible for obtaining a suitable mobile device, and the necessary connectivity services and/or equipment to access and use the App.

9.2 You consent to receiving electronic communications (including through SMS, MMS, text messages and/or other electronic means) associated with your use of the App, including marketing messages, administrative notices and maintenance announcements. You are responsible for any costs to receive such electronic communications.

9.3 We may make use of cookies on our App to store and track information such as the number of users and their frequency of use, profiles of users and their online preferences. Cookies do not capture personal information, but the information collected may be used to assist us in analysing the usage of our App and to improve your online experience with us. You consent to our use of such cookies. You may disable such cookies by changing the setting on your mobile device but this may affect your use of the App.

9.4 You consent to us collecting and using your device’s technical data and associated information. Such technical data do not include personal information and may be used by us to facilitate the provision and improvement of the App, software updates, product support and other services associated with the App.

10. TERMINATION

10.1 We reserve the right to terminate your User Account or your use of the App, immediately without prior notice with or without cause or reason, including where: (a) you have violated any of these Terms; (b) we determine that your User Account is inactive; (c) we deem fit to do so for security reasons or to protect our interests or the interests of other users; (d) we discontinue the App. After terminating your User Account, we may delete from our servers any and all information contained in or associated with your User Account.

11. REPORTING VIOLATIONS

11.1 If you discover any Posting on the App that you believe infringes your intellectual property rights or which is otherwise illegal, offensive, defamatory, obscene or otherwise violates the Terms, you may report such Posting to us at [support@chillwhr.com].

11.2 Your report should contain at least the following information: (a) clear identification of the specific Posting complained of, including details of where such Posting can be located; (b) where applicable, clear description of your intellectual property or any other right or law that you claim has been infringed; (c) reasons to support your belief that the Posting infringes your intellectual property rights or is otherwise illegal, offensive, defamatory, obscene or otherwise violates the Terms; and (d) your contact details including your name, address, telephone number, email address and your user name (if applicable). We may request for such additional information or documents as we deem fit to evaluate or take action on your report. You warrant and represent that all information provided in connection with such report shall be true, accurate and complete.

12. INDEMNITY

12.1 You shall indemnify and at all times keep us and our related corporations and affiliates (including respective officers, directors, employees and agents) indemnified against any and all losses, damages, actions, proceedings, costs, expenses, claims, demands, liabilities (including full legal costs) which may be suffered or incurred by us or asserted against us by any person, party or entity whatsoever, in respect of any matter or event whatsoever arising out of or in connection with your breach of any provision in the Terms, your use and access of the App, or your violation of the rights of any third party.

13. DISCLAIMERS AND LIMITATIONS

13.1 We may, but are not obliged to, update, make changes, enhancements and modifications to and/or perform maintenance and other services on the App from time to time. We are not obliged under this license to provide you with any documentation in any form, support, telephone assistance, enhancements or updates to the App. Your access and/or use of the App may be interrupted, suspended or restricted to allow for repairs, maintenance or the introduction of new features.

13.2 The App and its Contents are provided on an "as is" and “as available” basis only and you use them at your own risk. To the extent permitted by law, we expressly disclaim all warranties whether express, implied or arising by statute or otherwise in law, or from a course of dealing or usage of trade, including but not limited to, any warranties: (a) of merchantability, satisfactory quality, fitness for any purpose, non-infringement; (b) as to the accuracy, completeness, currency or reliability of the App and its Contents; (c) as to the security, authenticity, integrity or confidentiality of any transactions and other communications made through the App; (d) that the App and its Contents will be available, uninterrupted, timely or error-free; (e) that the App and its Contents, are free of viruses, trackers, bugs, worms, time bombs, trojan horses, trap doors or other codes designed to permit unauthorised access, to disable, modify, erase, damage, steal or usurp data or otherwise harm any data or computer system; (f) that the App will not harm any data or computing system; and/or (g) that any identified defect in the App will be corrected.

13.3 To the maximum extent permitted by law, and even if advised of the possibility of such damages, we shall not in any event be liable for any injury, loss, claim, damage, costs and expenses or any direct, indirect, special, exemplary, punitive, incidental or consequential damages of any kind or for any lost profits or lost savings, whether based in contract, tort (including negligence), equity, strict liability, statute or otherwise, suffered as a result of: (a) use of or access to the App and its Contents; (b) use of or reliance on information contained in the App and its Contents; (c) any defect, error, mistake or inaccuracy of any nature in the App and its Contents; and (d) any virus, tracker, bug, worm, time bomb, trojan horse, trap door or other codes designed to permit unauthorised access, to disable, modify, erase, damage, steal or usurp data or otherwise harm any data or computer system in the App and its Contents.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 These Terms shall be governed by the laws of the Republic of Singapore. You agree to submit to the jurisdiction of the Courts of the Republic of Singapore in relation to any dispute relating to these Terms, the App or its Contents.

14.2 You agree that notwithstanding any law to the contrary, any claim or cause of action that you may have arising out of or related to these Terms, the App or its Contents, must be filed within one (1) year from such claim or cause of action arising, or be forever barred.

15. GENERAL

15.1 These Terms set out the entire agreement between you and us on your use of the App and its Contents and supersedes any other representation or agreement. You shall not assign your rights or sub-contract or delegate any duty or obligation hereunder to any third party, except with our prior written consent. We shall have the right to assign, sub-contract or delegate all or any of our rights or obligations under these Terms to any person. No third party shall have any right to enforce any of these provisions under the Contracts (Rights of Third Parties) Act (Cap.53B). If any provision in these Terms is held invalid or unenforceable under any applicable law, the remaining provisions will continue in full force and effect. Any failure by us to insist upon strict compliance with any term of these Terms shall not be construed as a waiver with regard to any subsequent failure to comply with such term.