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Website Terms of Use

Last Updated: May 2020

1. About the Website

Welcome to inboundconnect.com(the ‘Website’). The Website provides scheduling and optimisation services to logistics and supply chain facilities (the ‘Services’).

The Website is operated by Inbound Technologies Ltd. (ACN 630 872 641). Access to and use of the Website, or any of its associated Products or Services, is provided by Inbound Technologies. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

Inbound Technologies reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Inbound Technologies updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Inbound Technologies once you log in.

3. Registration to use the Services
In order to access the Services, you must first register for an account through the Website (the ‘Account ‘). As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

Email address
Password
First Name, Last Name

You warrant that any information you give to Inbound Technologies in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms. You may not use the Services and may not accept the Terms if:

you are not of legal age to form a binding contract with Inbound Technologies; or
you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

As a Member, you agree to comply with the following:

  • you will use the Services only for purposes that are permitted by:
    • the Terms; and
    • any applicable law, regulation or generally accepted practices or guidelines in the relevant
  • you have the sole responsibility for protecting the confidentiality of your password and/or email Use of your password by any other person may result in the immediate cancellation of the Services.
  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Inbound Technologies of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Inbound Technologies providing the Services;
  • you will not use the Services or the Website in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Inbound Technologies;
  • you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Inbound Technologies for any illegal or unauthorised use of the Website; and
  • you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Payment

Where the option is given to you, you may make payment for the Services (the ‘Services Fee’) by way of:
Electronic funds transfer (‘EFT’) into our nominated bank account
Credit Card Payment (‘Credit Card’)
All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on the Stripe website.
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
You agree and acknowledge that each facility will determine its own Services Fee, and that these may vary from time to time.
You agree and acknowledge that Inbound Technologies is the agent for the collection of the Services Fee and the provision of software services to the facilities, and that Inbound Technologies does not set the Services Fee.
6. Refund Policy
Inbound Technologies will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if Inbound Technologies makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund ‘).

7. Copyright and Intellectual Property
The Website, the Services and all of the related products of Inbound Technologies are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Inbound Technologies or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Inbound Technologies, who grants to you a worldwide, non-exclusive, royalty- free, revocable license whilst you are a Member to:
use the Website pursuant to the Terms;
copy and store the Website and the material contained in the Website in your device’s cache memory; and
print pages from the Website for your own personal and non-commercial use.
Inbound Technologies does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Inbound Technologies.

Inbound Technologies retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
to you.

You may not, without the prior written permission of Inbound Technologies and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8. Privacy
Inbound Technologies takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Inbound Technologies’ Privacy Policy, which is available on the Website.
9. General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Inbound Technologies will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Inbound Technologies make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Inbound Technologies) referred to on the Website, including (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the Services or any of the products of Inbound Technologies; and
the Services or operation in respect to links which are provided for your convenience.
10. Limitation of liability
Inbound Technologies’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Inbound Technologies, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Termination of Contract
The Terms will continue to apply until terminated by either you or by Inbound Technologies as set out below.
If you want to terminate the Terms, you may do so by:
providing Inbound Technologies with 3 days’ notice of your intention to terminate; and
closing your accounts for all of the services which you use, where Inbound Technologies has made this option available to you.
Your notice should be sent, in writing, to Inbound Technologies via the ‘Contact Us’ link on our homepage.

Inbound Technologies may at any time, terminate your membership if:
you have breached any provision of the Terms or intend to breach any provision;
Inbound Technologies is required to do so by law;
the provision of the Services to you by Inbound Technologies is, in the opinion of Inbound Technologies, no longer commercially
Subject to local applicable laws, Inbound Technologies reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Inbound Technologies’ name or reputation or violates the rights of those of another party.
12. Indemnity
You agree to indemnify Inbound Technologies, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
any breach of the Terms.
13. Dispute Resolution
13.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

13.2. Notice:
A party to the Terms claiming a dispute (‘Dispute ‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

13.3. Resolution:
On receipt of that notice (‘Notice ‘) by that other party, the parties to the Terms (‘Parties ‘) must:

Within 30 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Melbourne, Victoria, Australia
13.4. Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

13.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14. Venue and Jurisdiction
The Services offered by Inbound Technologies is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

15. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

Last updated: April 2024

  1. ABOUT THE WEBSITE 
    1. Welcome to inboundconnect.com (the “Website”). The Website provides a complete range of scheduling and optimisation services to logistic and supply chain facilities (collectively, the “Services”).
    2. The Website is operated by Inbound Technologies Pty Ltd (ACN 630 872 641) together with its subsidiaries (such as Inbound Technologies Pte Ltd (UEN: 202410761K) (“Inbound Technologies”)), related corporations and affiliates (collectively, the “Inbound Technologies Group”). Unless the context otherwise requires, references to “we”, “our”, “us” and other similar pronouns shall refer specifically to Inbound Technologies, whereas “you” refers to any individual who accesses or uses the Website, or any of its associated products or Services.
    3. Access to and use of the Website, or any of its associated products or Services, is provided by the Inbound Technologies Group.
    4. Please read these terms and conditions (the “Terms”) carefully. By accessing or using the Website, or any of its associated products or Services, it signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its associated products or Services, immediately.
    5. We reserve the right to review, amend and/or change any of the Terms by updating this page at our sole discretion.
  2. ACCEPTANCE OF THE TERMS
    Your understanding and acceptance of the Terms are signified by:
    1. you remaining on the Website; and/or
    2. you accepting and agreeing to the Terms where this option is made available to you by us when you log in.
  3. CHANGES TO THE TERMS
    1. You recognise and acknowledge that it is impractical and impossible for us to obtain the consent of all of our Members or other users of our Website. Accordingly, we shall be entitled to unilaterally review, amend and/or change any provision of the Terms (i.e., without obtaining your consent) to reflect changes in (i) law, (ii) best practices, or (iii) to deal with additional products or features which we introduce (if we deem necessary).
    2. As we may amend the Terms from time to time, before using the Website or its associated products or Services, please check the Terms to ensure that you understand the terms that apply at that time.
    3. Any review, amendment and/or change to any provision of the Terms will take immediate effect from the date of its publication unless otherwise specified in such publication.
    4. We will use reasonable efforts to provide you with a notice of the review, amendments and/or changes to the Terms.
  4. REGISTRATION TO USE THE SERVICES
    1. To access the Services, you must first register for an account through the Website (the “Account”). As part of the registration process, or as part of your continued use of the Services, you may be required to provide us with your personal data (such as identification or contact details), including: your email address, password to the Account, your first and last name.
    2. You warrant and confirm to us that any personal data that you provide us with in the course of completing the registration process is accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the Website (a “Member”), and you irrevocably agree to be bound by the Terms.
    3. You may not use the Services and may not accept the Terms if:
      1. you are not of legal age to form a binding contract with us;
      2. you are a person that lacks capacity pursuant to Section 4 of the Mental Capacity Act 2008; or
      3. you are a person that is barred for any reason whatsoever from receiving the Services under the laws of Singapore, or other countries including the country in which you are resident or from which you use the Services.
  5. YOUR OBLIGATIONS AS A MEMBER
    As a Member, you agree and confirm to use your best efforts to comply with the following:
    1. you will use the Services only for the purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines;
    2. you have the sole responsibility for protecting the confidentiality of your password and/or email. Use of your password by any other person may result in the immediate cancellation of the Services provided to you;
    3. any use of your registration information by any other person or third party is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password, email address or any breach of security of which you have become aware of or should have reasonably been aware of;
    4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purpose of us providing the Services;
    5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by our management;
    6. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in the termination of the Services. Appropriate legal action will be taken by us for any illegal or unauthorised use of the Website;
    8. any automated use of the Website or its Services is prohibited;
    9. you shall not translate, merge, adapt, vary, alter or modify, the whole or any part of the Website or any of its associated products or Services, nor permit the Website or any of its associated products or Services or any part thereof to be combined with, or become incorporated in, any other programs, except as necessary to use the Website and as permitted under the Terms;
    10. you agree not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website or any of its associated products or Services, nor attempt to do any such things;
    11. you shall not act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses or harmful data into the Website (including our operating system software that the Website runs on);
    12. you shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Website;
    13. without our prior written consent, you shall not broadcast, republish, upload to a third-party, transmit, post, distribute, show or play in public, adapt or change in any way the Services for any purpose;
    14. you shall not collect or harvest any information or data from the Website, or its associated products or Services, or attempt to decipher any transmissions to or from the servers running the Website or its associated products or Services;
    15. you shall not transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
    16. you shall not use the Website or its associated products or Services in a way that could damage, disable, overburden, impair or compromise the operating system software or security utility software or interfere with other Members; and
    17. you agree to act in a manner that is consistent with the Terms.
  6. PAYMENT
    1. Where the option is given to you, you may make payment for the Services (the “Services Fee”) by way of:
      1. electronic funds transfer into our nominated bank account; or
      2. credit card payment.
    2. All payments made in the course of your use of the Services are made using Stripe, a third-party payment gateway and processing company. In using the Website, or any of its associated products or Services, or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions, and its privacy policies, which are available on Stripe’s website.
    3. You acknowledge and agree that where a request for the payment of the Service Fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
    4. You acknowledge and agree that each facility will determine its own Services Fee, and that these may vary from time to time.
    5. You acknowledge and agree that we are the agent for the collection of the Services Fee and the provision of the software services to the facilities, and that we do not set the Services Fee.
  7. REFUND POLICY
    We will only provide you with a refund of the Services Fee in the event we are unable to continue to provide the Services and/or if we make a decision, at our sole discretion, that it is reasonable to do so under the circumstances (the “Refund”).
  8. COPYRIGHT AND INTELLECTUAL PROPERTY
    1. For the purposes of this clause:
      1. “Intellectual Property Rights” or “IPR” mean all intellectual property rights, whether registered or not, including pending applications for registration of such rights and the right to apply for registration or extension of such rights including patents, petty patents, utility models, design patents, designs, copyright (including Moral Rights and neighbouring rights), database rights, rights in integrated circuits and other sui generis rights, trade marks, mask work rights, trading names, company names, business names, service marks, logos, the get-up of products and packaging, geographical indications and appellations and other signs user in trade, internet domain names, social media user names, rights in know-how and any rights of the same or similar effect or nature anywhere in the world; and
      2. “Moral Rights” mean the non-economic rights of the author or creator of a work protected under the Copyright Act 2021, or any other applicable laws and regulations of any jurisdiction of the world, and it includes but is not limited to the right of attribution enabling such author or creator to be identified as the author or creator of the work, the right of integrity, which protects such work from any alteration, modification, distortion or other treatment in respect of such work, or any other similar rights anywhere in the world.
    2. We are and remain the sole owner of all Intellectual Property Rights associated with the Website, its associated products and the Services, which are protected by copyright laws and treaties around the world. No rights or licences to the foregoing are granted except as expressly set out in the Terms. All of our rights to our Intellectual Property are expressly reserved.
    3. For all trademarks, service marks and trade names that are owned, registered and/or licensed by us, we grant to you personally, whilst you are a Member, a worldwide, non-exclusive, royalty-free, revocable license to:
      1. use the Website pursuant to the Terms;
      2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
      3. print pages from the Website for your non-commercial personal use.
    4. Nothing in the Terms shall be construed to confer you with any Intellectual Property Rights relating to the use of the Website or its associated products or Services. Accordingly, nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you.
    5. You agree to do and perform, or cause to be done and performed all such acts and things, including but not limited to, executing and delivering appropriate agreements, certificates, instruments and documents as necessary for the securing of our ownership to our Intellectual Property Rights expeditiously and without dispute.
  9. PRIVACY
    We take your privacy seriously and any information provided through your use of the Website and/or the Services are subject to our privacy policy, which is available on the Website.
  10. GENERAL DISCLAIMER
    1. Nothing in the Terms is intended to limit or exclude any guarantee, warranties, representations or conditions implied or imposed by law (including the Unfair Contract Terms Act 1977), which by law may not be limited or excluded.
    2. Use of the Website and the Services are at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Services or any products (including all our products or Services) referred to on the Website, including, but not limited to loss or damage you may suffer as a result of any of the following:
      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its related products (including third party material and advertisements on the Website);
      3. costs incurred as a result of you using the Website, the Services or any of our products; and
      4. the Services or operation in respect to links which are provided to you for your convenience.
  11. LIMITATION OF LIABILITY
    1. Our total liability arising out of or in connection with the Services or the Terms, howsoever arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the Service Fees paid by you to us for the use of our Website, or its
      associated products or Services in the 12 months prior to the act that gave rise to the liability, in each case, whether or not we have been advised of the possibility of such damages.
    2. You acknowledge and agree that we shall not be liable to you in contract, tort (including negligence), in equity, under statute or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you of an indirect or consequential nature including loss of turnover, profits, business or goodwill, but excludes any losses and damages arising from any personal injury or death of that person resulting from our negligence (if applicable).
  12. TERMINATION OF CONTRACT
    1. The Terms will continue to apply until terminated by either you or we as set out below.
    2. If you want to terminate the Terms, you may do so by:
      1. providing us with 3 days’ notice of your intention to terminate in writing via the ‘Contact Us’ link on our Website; and
      2. closing your accounts for all of the Services which you use, where we have made this option available to you.
    3. We may, at any time, terminate the Terms by terminating your membership if:
      1. you have breached any provision of the Terms or display any intent, in our sole opinion, to breach any provision of the Terms;
      2. we are required by law to do so; or
      3. the provision of the Services is, in our sole opinion, no longer commercially feasible.
    4. Subject to local applicable laws, we reserve the right to discontinue or cancel your membership at any time and may suspend or deny, at our sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts our name or reputation or violate the rights of those of another party.
    5. If your membership is terminated for any reason whatsoever, or if we end your rights to use the Website or its associated products or Services:
      1. you must stop all activities authorised by the Terms, including your use of the Website or its associated products or Services;
      2. you must immediately destroy all copies of any relevant documentation in respect of the Website or its associated products or Services that we have provided to you in the course of your membership;
  13. INDEMNITY
    1. Without prejudice to other provisions of the Terms, you acknowledge and agree that, in the event of any breach of the Terms (including all provisions of the Terms which by their nature should survive termination (e.g., clause 8 (Copyright and Intellectual Property) and clause 14 (Dispute Resolution)), legal remedies would be inadequate for us, who therefore shall be
      entitled to apply for appropriate equitable remedies, in addition to any other remedies which it may have at law.
    2. Notwithstanding any provision to the contrary, and without limit or prejudice to any of the rights, entitlements and remedies we may have under the Terms and at law or equity, you shall indemnify and hold harmless us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against any and all direct, indirect, special, incidental, exemplary, consequential, punitive liabilities, claims, costs, expenses, damages, losses (including reasonable legal costs and expenses on a full indemnity basis, loss of profit, loss of reputation), interests, penalties, demands, proceedings or other professional costs arising out of or in connection with any of your breach, negligent performance or non-performance of the provisions of the Terms.
  14. DISPUTE RESOLUTION
    1. If a dispute arises out of or relates to the Terms, except where urgent interlocutory relief is sought, either party may not commence any proceedings of any nature anywhere in the world in relation to the dispute, unless the following clauses have been complied with.
    2. A party to the Terms claiming a dispute (the “Dispute”) has arisen under the Terms must give written notice (the “Notice of Dispute”) to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    3. On receipt of the Notice of Dispute, the parties must:
      1. within 30 days of the Notice of Dispute endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which the parties may mutually agree;
      2. If the Dispute has not been resolved within 30 days of the Notice of Dispute, the parties must submit the Dispute for mediation at the Singapore Mediation Centre (“SMC”) in accordance with SMC’s mediation procedure in force on the date the mediation is commenced before any party may have any recourse to litigation in the Singapore courts. Any party may submit a mediation request to SMC upon which the other party will be bound to participate in the mediation within 45 days thereof. Each party to the mediation must be represented by a person with authority to negotiate and settle the dispute. SMC will appoint on mediator, the mediation will take place in Singapore in the English language and any settlement agreement reached will bind the parties. The costs of the mediator will be borne equally by the parties.
    4. All communications concerning negotiations made by the parties arising out of or in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
    5. Once the mediation has commenced, if after 14 days since the commencement of the mediation and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
  15. VENUE AND JURISDICTION
    The Services offered by us are intended to be viewed by residents of Singapore. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Singapore.
  16. GOVERNING LAW
    The Terms are governed by the laws of Singapore. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Singapore, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto, and their successors and assigns.
  17. INDEPENDENT LEGAL ADVICE
    Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare that the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
  18. SEVERANCE
    Each provision herein operates separately. If any court or competent authority decides that any of them are unlawful, the remaining provisions or paragraphs will remain in full force and effect.
  19. NO WAIVER
    Our delay in enforcing the Terms shall not be construed as a waiver of our right to do so. If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking any steps against you in respect of your breaching any provision of the Terms, that will not mean that you do not have to do those things and it will not prevent us from taking any steps against you at a later date.
  20. NO RIGHTS FOR THIRD PARTIES
    The Contracts (Rights of Third Parties) Act 2001 shall not under any circumstances apply to the Terms and any person who is not a party to the Terms (whether or not such person shall be named, referred to, or otherwise identified, or form part of a class of persons so named, referred to or identified in the Terms) shall have no right whatsoever under the Contracts (Rights of Third Parties) Act 2001 to enforce the Terms.