Terms and Conditions
These Terms of Service (the “Terms” or “Agreement”) govern your access to and use of the platform as made available through the interface/screen available on the widget/application/platform/mobile application called ‘Bookmaker.wtf’ (collectively the “Platform”) managed and operated by Bookmaker.wtf (hereinafter referred as “Us” / “We”/ “Company”) for general browsing or availing any Services available on the Platform. As a user (“User”/ “You” which shall mean and include any natural person who has registered, agreed to use, or has accessed or is visiting the Platform), You understand that Company through the Platform facilitates the interaction between its Users to buy, sell, trade, transfer, hold, etc., cryptocurrencies (hereinafter referred to as “Digital Assets” or “Crypto” or “Crypto Assets” or “Coins” or “Tokens” or “Virtual Currency”) on the Platform. Please read this Agreement carefully before accessing or using the services of Company or any part thereof. By accessing or using any part of the Platform, You agree to be bound by this Agreement. If You do not agree to all parts of this Agreement, then YOU MAY NOT ACCESS THE PLATFORM OR USE ANY SERVICES PROVIDED BY COMPANY THROUGH THE PLATFORM. “SPECIFIED DISCLAIMER: CRYPTO PRODUCTS ARE UNREGULATED IN MANY JURISDICTIONS AND CAN BE HIGHLY RISKY. THERE MAY BE NO REGULATORY RECOURSE FOR ANY LOSS FROM SUCH TRANSACTIONS. BY MAKING USE OF COMPANY SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL ASSETS (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF COMPANY SERVICES AND TRANSACTIONS OF DIGITAL ASSETS (3) YOU HAVE ENSURED THE REGULATIONS IN YOUR LOCAL JURISDICTION AND THE LEGALITY OF THE SAME BEFORE ONBOARDING ON THE COMPANY PLATFORM AND (4) COMPANY SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.” This Agreement forms a legal and binding agreement between You and Company. As long as You comply with this Agreement, We grant You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited privilege to access and use the Platform and our services as per this Agreement. By accepting this Agreement, You also accept and agree to be bound by policies of Company including but not limited to Privacy Policy and AML Policy as amended from time to time which form a part of this Agreement by reference. 1. General 1.1. You represent and warrant that You: (a) are at least 18 (eighteen) years old; (b) are competent to form a binding contract; (c) have not previously been suspended or your use of the Platform or any part thereof has not been restricted due to any breach or perceived breach by Company. (d) are not currently the subject of any Sanctions, or located, organized, or resident in a Designated Jurisdiction. (e) You have complied in all material respects with all applicable laws relating to Sanctions, anti-terrorism, anti-corruption, and anti-money laundering. For the purpose of this Agreement, “Sanction(s)” means any international economic sanction administered or enforced by the United States Government (including OFAC), the United Nations Security Council, the European Union, or other relevant sanctions authority; and “Designated Jurisdiction” means any country or territory to the extent that such country or territory itself is the subject of any Sanction. 1.2. You are permitted to display the materials on this Platform on a computer screen and/or mobile screen and, save for restricted access documents, to download and print a hard copy for your personal use, provided You do not alter or remove any of the content which may include text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content provided by Company (“Content”) without our express permission to do so and that You do not change or delete any copyright, trademark, or other proprietary notices. The Platform including all materials on it, or provided to You, through it are protected by copyright, trademark, and other intellectual property rights and laws throughout the world and are owned by, or are licensed to Company. 1.3. Nothing contained in this Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User. In no event shall Company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the services offered on the Platform. All Content on the Platform is provided “as is” with no guarantee of completeness, accuracy, timeliness, or of the results obtained from the use of the information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. 1.4. Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement, at any time without any prior written notice to the User. It is the User’s responsibility to review this Agreement periodically for any updates/changes. User’s continued use of the Platform following the modification of this Agreement will imply the acceptance by the User of the modification. 1.5. User agrees and consents to be contacted by Company (or its agents, representatives, and business partners) through phone calls, SMS notifications, email, or any other means of communication, in respect to the Services or the Platform provided by Company even if contact number(s) provided to Company are on the Do Not Call Registry. 1.6. You agree that Company may disclose your personal and account information if Company believes that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request. For more details, please refer to Our Privacy Policy. 2. Platform services 2.1. The Platform is an online Crypto Asset (cryptographically secured digital representation of value or contractual rights that uses distributed ledger technology and can be transferred, stored, or traded electronically using the Platform) platform that provides Crypto Asset services to purchase, trade, exchange, and deliver Crypto Assets, using fiat or cryptocurrency, to its user’s wallet, with or without taking custody, thereby known as Company services. 2.2. Company is not a creator of any Crypto Asset. Company may, acting on the specific instructions of the User, execute orders with the Crypto Asset Custody service providers. You hereby authorize Company to act on your instructions (which are essentially electronic in nature) to purchase Crypto Asset at a declared price on your behalf and deliver the same to your instructed/designated wallet. 2.3. You hereby acknowledge and agree that Company is not a financial institution, bank, credit union, trust, hedge fund, broker, or investment or financial advisor, and is not subject to the laws, regulations, directives, or requirements applicable to such persons. You acknowledge and agree that no oral or written information or advice provided by Company, its officers, directors, employees, or agents, nor any information obtained through the Platform or otherwise from Company, will or shall constitute trading, investment, or financial advice regarding the trading of cryptocurrencies, including the suitability and appropriateness of, and investment strategies for cryptocurrencies. You are solely and exclusively responsible for all trading and investment decisions made by you while using the Platform. 2.4. You also acknowledge and agree that your ability to use the Platform may be detrimentally impacted by regulatory action or changes in regulations applicable to cryptocurrency or the business of the Platform. Company shall not be responsible for any loss suffered by User due to discontinuance of the Services, or any part thereof, available on Platform as a result of regulatory action or changes in regulations applicable to cryptocurrency or otherwise. 2.5. Company only acts as a service provider, facilitator of User transactions, and a technology provider. In case of any technical or manual error including but not limited to downtime, order not being fulfilled and/or unavailability of the Platform, Company will take reasonable steps of correction to restore the Platform. If such correction creates a liability on You or You suffer any losses or damages, You will be required to incur that liability, loss, or damages. Company hereby disclaims liability for any such error or correction thereof, and no recourse may be had by User against Company for any such error or correction. 2.6. You acknowledge and agree that Company may correct, reverse, or cancel, in its sole discretion, any order, trade, transfer, or other transaction or activity with respect to which Company has discovered that there was an error or abnormality, whether such error or abnormality was caused by You, Company, or a third party or due to technical issues, system issues, software failure, or otherwise. Company provides no guarantee or warranty that any such attempt will be successful and will have no responsibility or liability for such error(s) or any correction attempt(s). 3. Fees The Fee chargeable by the platform will be either mentioned in the service agreement or displayed by the platform at the time of processing an order/transaction by the user and the execution of the order/transaction will happen only after the user agrees to the same. 4. KYC Verification and Your Account 4.1. To use the services of the Platform, You will be required to follow the registration procedure prescribed by Company and will be required to furnish certain information and details, including your name, email id, contact number, date of birth, address, and any other information including any KYC documents deemed necessary by Company. You may browse the Platform without creating an account. However, You cannot avail services offered through the Platform, unless You have created an account on the Platform and completed the Know-Your-Customer (“KYC”) requirements. 4.2. Further, You are required to complete the KYC verification process prescribed by Company to use the services of the Platform. In order to complete the KYC verification process, You will be required to fulfill one of the modes of KYC verification set out by the Platform. 4.3. In the event there is a mismatch in the details provided by the User or incorrect details have been provided, Company may at its sole discretion reject your registration or block Your Account at any time. 4.4. You authorize Us to make the inquiries, whether directly or through third parties, that We consider appropriate, in our sole discretion, to verify your identity or protect You and/or Us against fraud or other financial crimes, and to take action We reasonably deem necessary based on the results of such inquiries or otherwise. You agree to provide Us with the information We request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, and permit Us to store, use, keep a record of, and share such information as per our Anti-Money Laundering Policy mentioned in the last section. 4.5. You should take all necessary steps to ensure that the wallet details/credentials are kept confidential and secure. Company will not be liable for any loss or damage arising from your failure to comply with the above requirement. You understand and agree that You are responsible for maintaining the confidentiality and security of your wallet, password, activities that occur in or through your Account. You agree to accept responsibility for restricting and preventing unauthorized access to your Account. You agree to accept responsibility for all activities that occur under your Account or password. 4.6. You accept and agree that your Account is for your personal use only and shall not be transferred to any other third party. You will be responsible for the activities associated with your Account in case of such transfer. 4.7. You represent and warrant that all the details provided by You are true, correct, accurate, complete, and up to date. In the event of any change in the information provided, You agree to update the details on the Account immediately without any delay. You further represent and warrant that at the time of making a new Account, You shall inform Company of any existing Account(s) on the Platform. 4.8. Company may restrict certain services of the platform either completely or subject to a limit, in case a particular wallet is not a KYC account. These restrictions are at the complete discretion of Company in order to ensure compliance with internal policy in line with Anti Money Laundering and Combating of Financing Terrorism laws. 5. Prohibited Activities 5.1. You agree not to: (a) copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivative works from all or any part of the Content or the Platform or the materials or software on it, or provided to you through it without our prior written consent (which may be given or withheld in Company’s absolute discretion); (b) use the Platform or any of the Content on it, or provided to you through it, for: (i) any unlawful purpose or in contravention of applicable law; (ii) commercial exploitation without our prior written consent; and (iii) any purpose or in any manner that may give a false or misleading impression of Us, our staff or our Services. (c) establish a link to the Content or the Platform from any other website, intranet, or extranet site without our prior written consent. (d) decompile, disassemble, or reverse engineer (or attempt to do any of them) any of the Content provided on or through the Platform. (e) do anything that may interfere with or disrupt the Platform. (f) publicly criticize, disparage, call into disrepute, or otherwise defame or slander the Platform or Company and any of its officers, directors, members, or employees. (g) encourage or permit others to do any of the above. 5.2. In addition to what is already provided in the Agreement, You represent and warrant that You shall not post, display, upload, modify, publish, transmit, update or share any information that: (a) belongs to another person and to which the User does not have any right. (b) is defamatory, obscene, pornographic, pedophilic, invasive of another person’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force. (c) is harmful to children. (d) infringes the intellectual property rights. (e) violates any law for the time being in force. (f) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact. (g) impersonates another person. (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource. (i) threatens the unity, integrity, defense, security or sovereignty of any nation, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation. (j) spreads false and inaccurate information. (k) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person. (l) disrupts the Services or in any way attempts to solicit users towards the services of a competitor. (m) may interfere with the proper operation of this Platform or Company’s systems in any manner. 5.3. In the event that You do not comply with the above restrictions or Company has reasons to believe that You have indulged in any of the activities specified above, Company retains the right to immediately suspend or terminate your Account and access to the Platform, and take legal action against You, including without limitation, initiation of proceedings for claims against You for any losses and costs (including legal costs) Company may suffer as a result of your actions and reporting You to law enforcement authorities without providing any notice of You about any such report and confiscating any balance remaining in your Account which has been terminated. You shall further solely be liable for any claim brought against You by any other User affected by your actions. 6. Monitoring of the Platform and User Accounts Company always has the right and liberty to monitor the Content of the Platform or any part thereof which shall include information provided in your Account. The monitoring of the Platform is important to determine the veracity of the information provided by You and to ensure that every User remains compliant with this Agreement. 7. Suspension of Access Company may stop providing one or more Services through the Platform and may terminate access to or use of the Platform at any time without giving notice of termination to You. Unless Company informs the User otherwise, upon any termination, (a) the rights and licenses granted to You under this Agreement will terminate forthwith; (b) your Account shall be suspended; and (c) You must stop using the Platform or any part thereof forthwith. Company reserves the right to suspend or cease providing the Platform and shall have no liability or responsibility to the User in any manner whatsoever, except as prescribed under applicable law. 8. Third Party Materials and Services The Platform may provide You links to third-party services (“Third Party Services”) and may display, include, or make available content, data, information, applications, or materials from third parties (“Third Party Materials”). You acknowledge and agree that Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or Third-Party Services. COMPANY DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY SERVICES, THIRD PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES. 9. Risks, Limitation of Liability and Disclaimer of Warranties 9.1. Internet Provider – Company acts as a Service provider by creating, hosting, maintaining, and providing our Services to you via the Internet. We cannot ensure that a buyer or a seller you are dealing with will actually complete the Virtual Currency Transaction and all risk of a Virtual Currency Transaction remains with you. We do not guarantee continuous, uninterrupted, or secure access to our Services or the Company Platform and we make no representations or warranties regarding the amount of time needed to complete Virtual Currency Transaction processing which is dependent upon many factors outside of our control. Access to Services may become degraded or unavailable during times of significant volatility or volume. 9.2. Underlying Protocols - We do not own, control, operate, or maintain the underlying software protocols which govern the operation of the virtual currencies supported by us. In general, the underlying protocols are open source software and anyone can use, copy, modify, and distribute them. By using our Services, you acknowledge, agree, and accept the risk (i) that we are not responsible for the operation of the underlying protocols and any changes to such protocols and we make no guarantee of their security, functionality, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules, which may, amongst other things, materially affect the value, function, name of the virtual currency and/or our ability to support certain virtual currencies and we are not liable for any loss of value you may experience as a result of such changes in operating rules. In the event of a fork in a virtual currency, you agree that we may temporarily suspend our Services (with or without advance notice to you) and that we may, in our sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that we assume absolutely no responsibility or liability whatsoever in respect of an unsupported branch of a forked protocol. 9.3. During registration of your Account and at any other time you have an Account, you agree to provide us with the information we request for the purposes of ongoing due diligence, identity verification, and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will maintain and promptly update your Account information. You agree and represent and warrant that all information you provide us at any time will not be false, inaccurate, or misleading. You will need to complete certain verification procedures before you are permitted to use our Services. Your access to our Services and the limits that apply to your use of our Services, may be altered, suspended, or terminated as a result of information collected about you on an ongoing basis and/or your failure to provide us with information we request on a timely basis. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. 9.4. Notwithstanding anything to the contrary contained herein, neither Company nor its affiliates, subsidiaries, officers, directors, employees, or any related party shall have any liability to You or to any third party for any indirect, incidental, special, or consequential damages or any loss of revenue or profits or loss of data arising under or relating to this Agreement even if Company is advised of such damages. 9.5. To the maximum extent permitted by law, You waive, release, discharge, and hold harmless Company, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses, and causes of action arising out of your access to or use of the Platform. In no event shall the Company or its affiliates and subsidiary companies be liable to you for any claims, proceedings, liabilities, obligations, expenses, damages, losses, or costs in an amount exceeding the amount of fees paid by you to Company for the applicable Services for the 12 months preceding the date of any claim giving rise to such liability or one hundred U.S. dollars (USD $100.00), whichever is lower. 9.6. Crypto Assets and products are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions. Users shall therefore avail of the Services and access the Platform subject to the above and solely at their own risk. 9.7. Crypto transactions are irreversible. Once a transaction is initiated by you, it can neither be canceled, modified, nor reversed by Us upon Your request. 9.8. The values of Crypto Assets are highly volatile and tend to fluctuate, due to which there may be an increase or decrease in the value of the Crypto Asset You receive or transfer after a transaction. Crypto Assets are subject to large swings in value and may even become worthless. There is always an inherent risk of losses associated with buying, selling, or trading in Crypto Assets. It is also possible that the valuation and price of Crypto Asset changes after the transaction has been initiated by You or during the transaction, and You are hereby advised/cautioned of the same. The value of a Crypto Asset is subject to market changes and risks, and under no circumstance shall Company be liable for any such changes or fluctuations whether before, during, or after the transaction. 9.9. Crypto Assets are as yet autonomous and not specifically regulated. It may neither be backed by a specific government nor is it a legal tender in most of the jurisdictions nor is it a specifically regulated investment/security/commodity/goods yet many jurisdictions, and hence may be susceptible to risks not generally associated with other forms of investments/securities/commodities/goods. 9.10. As Crypto Assets are reliant on decentralized and peer-to-peer networks, there is also the risk of loss of confidence in trading of Crypto Assets. The Crypto Assets do not guarantee any assured returns as the valuation of Crypto Assets is based on a supply and demand economy model, and is therefore, subject to constant changes. 9.11. There may be additional risks that we have not foreseen or identified in this Agreement. 9.12. You should carefully assess whether your financial situation and tolerance for risk is suitable for swapping, staking, or trading Crypto Assets. It is reiterated that Users shall not transact in Crypto Assets under any assumption of high earnings or profits. You further understand that past performance of Crypto Assets are not indicative of future prices/value. 9.13. Company is not responsible for the outcome, whether positive or negative, of any action performed by any of its Users within or related to the Crypto Assets/Platform/service. 9.14. NOTWITHSTANDING ANY OTHER PROVISION, PLATFORM, SERVICES AND MATERIALS OR ANY OTHER INFORMATION OR SERVICE BY COMPANY IS PROVIDED ON "AS IS'', “AS-AVAILABLE” BASES, AND WITHOUT WARRANTY, REPRESENTATION OR INDEMNITY OF ANY KIND, EXPRESS, IMPLIED, ORAL, WRITTEN, STATUTORY, OR OTHERWISE, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON-INFRINGEMENT; OR FOR THE USE, SUFFICIENCY, RELIABILITY, TIMELINESS, QUALITY, SECURITY, SAFETY, SUITABILITY, AVAILABILITY, COMPLETENESS OR ACCURACY OF PLATFORM, SERVICES, MATERIALS OR ANY OTHER INFORMATION. COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTIES IS/ARE NOT LIABLE FOR ANY LOSS OF CRYPTO ASSETS, REVENUE, PROFITS, FUNDS, ASSETS, DATA OR FOR ANY DAMAGES, DIRECT OR INDIRECT, RESULTING FROM USE OR ATTEMPTED USE OF PLATFORM, SERVICES, MATERIALS OR ANY INFORMATION. COMPANY DISCLAIMS LIABILITY FOR ANY PARTY’S ACT OR OMISSION IN USE OF OR RELIANCE UPON PLATFORM, SERVICES, MATERIALS OR ANY OTHER INFORMATION INCLUDING WITHOUT LIMITATION INACCURACY IN OR THE OMISSION OR INTERRUPTION OF THE PRICE DATA OR AN ERROR OR DELAY IN THE TRANSMISSION OF PRICE DATA. PLATFORM, SERVICES, MATERIALS OR ANY OTHER INFORMATION MAY BE SUBJECT TO RESTRICTIONS, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR A BUSINESS WHERE THERE ARE REGULATORY UNCERTAINTIES. WE DO NOT GUARANTEE THAT YOUR USE OF THE PLATFORM OR SERVICES OR ANY PART THEREOF WILL ALWAYS BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE. 9.15. CRYPTO ASSETS MAY BE TARGETED BY HACKERS OR MALICIOUS GROUPS OR ORGANIZATIONS WHO MAY ATTEMPT TO INTERFERE WITH THE CRYPTO ASSETS AND/OR THE SALE/PURCHASE OF THE CRYPTO ASSETS OR STEAL THE CRYPTO ASSETS IN VARIOUS WAYS, INCLUDING MALWARE ATTACKS, DISTRIBUTED DENIAL OF SERVICE, CONSENSUS-BASED ATTACKS, SYBIL ATTACKS, PHISHING, SMURFING, AND HACKING. PLATFORM, SERVICES, MATERIALS AND/OR COMPANY’S THIRD-PARTY SERVICE PROVIDERS, THIRD PARTY CRYPTO ASSET EXCHANGES MAY BE SUBJECT TO SUCH TARGETS, ATTACKS ETC. AND NOTWITHSTANDING ANY OTHER PROVISION, COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTIES SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR THE SAME. 9.16. USER AGREES THAT IT IS POSSIBLE THAT NEW REGULATIONS ADDRESSING BLOCKCHAIN TECHNOLOGY, CRYPTO ASSETS, CRYPTO ASSET EXCHANGES, CRYPTO ASSET EXCHANGE AGGREGATORS (LIKE COMPANY) AND THE PLATFORM, SERVICES, MATERIALS OR ANY INFORMATION PROVIDED BY COMPANY UNDER THESE TERMS, MAY BE INTRODUCED OR EXISTING REGULATIONS MAY BE MODIFIED, WHICH MAY PROHIBIT, PREVENT, RESTRICT, OR OTHERWISE MAY HAVE A NEGATIVE EFFECT ON THE PLATFORM, SERVICES, MATERIALS OR ANY INFORMATION PROVIDED BY COMPANY AND/OR THE USAGE OF PLATFORM, SERVICES, MATERIAL OR ANY INFORMATION BY THE USER, WHICH MAY INCLUDE A TOTAL LOSS CRYPTO ASSETS OF USER WITH COMPANY (INCLUDING STORED BY COMPANY WITH THIRD PARTIES) AND NOTWITHSTANDING ANY OTHER PROVISION COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE SAME. 10. Indemnity 10.1. You agree to indemnify, save, and hold Company, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Platform, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein or your infringement of any intellectual property or other right of any person or entity. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Company, including rights to settle, and You agree to cooperate with Company’s defense and settlement of these claims. THIS CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 11. Governing Law and Jurisdiction 11.1. Your access to and use of the Platform and Agreement is subject to the laws of Singapore. In case of any disputes arising out of the access to or use of the Platform or any part thereof Courts of Singapore will have exclusive jurisdiction. 12. Third Party Rights Nothing in this Agreement is intended to nor shall it confer a benefit on any third party who is not a party to this Agreement and such third party has no rights to enforce them. 13. Waiver No delay or decision not to enforce rights under this Agreement will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach. 14. Intellectual Property Rights All the intellectual property used on the Platform shall remain the exclusive property of Company (or any person claiming through Company). You agree not to circumvent, disable, or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Platform or the materials therein. The materials on the Platform or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means. 15. Termination You may terminate this Agreement by ceasing to use the Platform. Company reserves the right to terminate your Account or access to the Platform at its sole discretion if You are found to be in breach of these Terms and Conditions or any applicable laws. In all other cases Company shall provide you with prior written notice of one (1) day for termination of your Account. 16. Survival Even after termination, Indemnity, Intellectual Property, Governing Law, and any other clauses that naturally survive, shall survive the termination of this Agreement. 17. Severability If any provision of this Agreement is deemed invalid, unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions. 18. Electronic Communication The communications between You and Company use electronic means, whether You use the Platform or send Us emails, or whether Company posts notices on the Platform or communicates with You via email. For contractual purposes, You (a) consent to receive communications from Us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights. 19. Force Majeure Company shall not be liable for any damage or loss suffered by You due to delay or failure in performance of Company’s obligations under this Agreement when such delay or failure is due to causes, circumstances, or events beyond its control including delay due to floods, fires, accidents, earthquakes, riots, explosions, wars, hostilities, acts of government, custom barriers, strikes, epidemic, pandemic, complete breakdown of telecommunication or internet services or other causes of like character. In such an event, Company shall be excused from any and all performance obligations. 20. Grievances Company believes in ensuring that all the Users of the Platform are able to access and utilize the Platform to their satisfaction. Therefore, We believe in addressing any grievances or concerns that the Users have with regard to their experience on the Platform. For any queries and support, You may reach out to our Customer Support Team through our social media handles.