These Terms of Service set out the terms and conditions on which iMath Solutions Pte. Ltd. and its affiliated companies (collectively, “Supplier” or “we” or “us” or “our” as the context permits), offer you access to and use of the https://heyhi.sg website (“Website”) and the “HeyHi” web and/or mobile application which is made available for general download and use as software-as-a-service by us from time to time (including such content, services, features, functionalities and API(s) as we may offer in connection therewith) (“Service”).
By visiting, browsing, accessing and/or using the Website and/or Service, you are deemed to have read, understood and agreed to be bound by:
all of which shall constitute the entire agreement (“Agreement”) between us in relation to your access to and use of the Service. In the event of any conflict or inconsistency between the Subscription Terms and any other provision in these Terms and the Policies, the Subscription Terms shall prevail.
If you are accessing and/or using the Service on behalf of your company, employer, organisation, business, or other entity (“Organisation”), you are agreeing to these Terms for your Organisation and personally guaranteeing and representing to us that you have the legal authority to act on behalf of the Organisation and to bind the Organisation to these Terms, and references to “you” shall mean you, the natural person and End-User, and/or the Organisation you represent (where applicable) and “your” and “yours” shall have corresponding meanings.
We may modify or revise these Terms at any time in the exercise of our sole discretion by posting a revised version thereof on our Website. Supplemental or modified terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into these Terms by reference.
If you do not agree to be bound by the Agreement, or to modifications we may make thereto, or if you do not have the legal authority to bind your Organisation, do not click the ‘I Accept’ button below, or continue to use or access the Service.
We care about the privacy of our Users. Please do not submit any personal data to us without first reading our Privacy Policy accessible here which sets out our privacy practices in relation to your personal data.
Service availability in other countries. We make no representation that the Service is appropriate or available in other locations other than where it is operated by us. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution to or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent applicable.
System requirements. You acknowledge that in order to effectively access and use the Service, you will need to satisfy, and shall be solely responsible for ensuring that you satisfy, minimum system requirements as set out in https://heyhi.sg/faq.
“Account” means any user account on the Service, including a Corporate Account, Corporate User Account and/or User Account as the context requires. References to “your Account” under these Terms shall, where you are the Organisation (and the context permits), refer to your Corporate Account and all Corporate User Accounts linked thereto.
General. You may browse the Service to a limited extent as a guest user without registering for an account. However, in order to access and/or use the full or certain features of the Service, you will have to sign up for an Account with us, and/or purchase a Subscription. We are entitled, in the exercise of our sole discretion, to refuse your application for an Account, and/or to change the eligibility criteria therefor at any time.
Minimum age requirements. Persons under the age of thirteen (13) are not permitted to register for an Account on the Service. Users under the age of eighteen (18) are required to obtain the full consent of their parents or legal guardians to register for an Account on the Service, and to enter into the Agreement.
You acknowledge that by providing consent as the parent or legal guardian to your child or ward under the age of eighteen (18) to use the Website and/or the Service, both you and your child or ward are agreeing to be bound by the terms of the Agreement. You are solely responsible for supervising your child or ward’s use of the Website and/or the Service (including without limitation their interactions with other users and us).
User Accounts. As an individual user, you can create an Account by registering directly with us using your email address, or by signing up with an online account that you have with a third-party service provider (“Third Party Account”). By registering with your Third Party Account, you are (a) granting us permission to access certain personal information (including without limitation personal data) on your Third Party Account that your privacy settings on your Third Party Account permit us to access, extract and store; and (b) representing that you are entitled to disclose such information on your Third Party Account to Supplier and/or grant Supplier access to your Third Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Supplier to pay any fees or making Supplier subject to any usage limitations imposed by such third party service providers.
Corporate Accounts. In order for you, the Organisation, to start accessing and using the Service, you must register for an Account under your registered corporate name (“Corporate Account”). Once your Corporate Account has been successfully registered, you may allow or send email invitations to one or more individuals whom you designate and authorize to access and/or use the Service on your behalf (each a “Corporate User”) under an Account (“Corporate User Account”) linked to your Corporate Account.
Corporate User Account. In order for you, an individual, to start accessing and using the Service on behalf of your Organisation, you must register for a Corporate User Account by accepting an invitation from your Organisation to do so, and by following our instructions.
Account information. You undertake to promptly update your Account information so as to keep it true, accurate, current and complete at all times. By registering for an Account, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current or incomplete, or if Supplier has reasonable grounds to suspect that any information which you have provided us is untrue, inaccurate, not current or incomplete, Supplier has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof) and the Service.
We reserve the right to remove, reclaim or change a username you select in our sole discretion as we deem appropriate, including without limitation where the username is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a User’s actual name.
Account Login Codes. You are responsible for safeguarding your Account login username and password (“Login Codes”) and keeping them confidential, and you shall be solely and fully liable for any disclosure or unauthorised use thereof. You must not share your Login Codes with anyone else or allow anyone else to access and/or use the Service using your Login Codes. Any use of and/or access to the Service referable to your Login Codes shall be deemed to be use of and/or access to the Service by you.
If you are aware of any actual or suspected unauthorised use(s) of your Account, or unauthorised disclosure of your Login Codes, please promptly notify us using the contact information below.
“User Data” means all inputs, data files, scripts, configuration settings, data, surveys, reports, materials and/or other content which you upload to, transmit, save under, use and/or generate in connection with your Account(s) or that you derive from your use of and/or store in the Service.
Although we perform regular routine backups of data, you are solely responsible for the backup and preservation of your User Data. You acknowledge that User Data (or parts thereof) that is saved onto the Service may only be available for viewing through the Service during the Subscription Period, and will only be available for printing, copying, exporting or downloading in the formats specified by us and where a ‘print’, ‘copy’, ‘export’ or ‘download’ option or button for the same is made available by us.
You are responsible for all User Data that you submit or upload to the Service. We reserve the right to review all User Data on the Service and to remove any User Data for any reason in our sole discretion without notice. You hereby grant us and our respective employees, officers, agents and contractors) a non-exclusive right to use and process User Data solely to provide and support the Service. You warrant that the use and/or reproduction by us of User Data that you submit or upload to the Service will not violate or infringe the rights of any third party.
You agree that we may continue to retain or delete User Data on our servers after the termination of this Agreement in accordance with our data retention policies and applicable laws. Notwithstanding the foregoing, to the extent permissible under applicable laws (and subject to our Privacy Policy where applicable), we have no responsibility whatsoever, whether during the Subscription Period or thereafter, for the preservation or backup of your User Data and for any User Data that may be lost, corrupted, deleted or irrecoverable by reason of your failure to back-up your User Data or for any other reason, and you agree that you will not rely solely on the Service to store your User Data.
By granting Supplier access to any Third Party Accounts, you understand that (a) Supplier may access, make available and store (if applicable) any content that you have provided to and store in your Third Party Account and that your privacy settings on your Third Party Account permits us to access (“Social Network Content”) so that it is available on and through the Service via your Account, including without limitation making such Social Network Content available to other Users to enable social networking or other features or functionality interfacing with such Third Party Account; and (b) Supplier may submit to and receive from your Third Party Account, additional information to the extent you are notified when you link your Account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Account may be available on and through your Account. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then your Social Network Content may no longer be available on and through the Service. You will have the ability to disable the connection between your Account on the Service and your Third Party Account by making a request to us via the contact information given below, or through your Account settings (if applicable). You acknowledge however that notwithstanding such disabling of the connection of your Third Party Account, we may still use the username and profile picture from such Third Party Account that become associated with your Account, as your Account username and profile picture. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS AND SUPPLIER DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD PARTY SERVICE PROVIDER IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD PARTY ACCOUNT. Supplier makes no effort to review any Social Network Content for any purpose, including without limitation for accuracy, legality or non-infringement, and Supplier is not responsible for any Social Network Content. You acknowledge and agree that Supplier may access your Social Network Content and your contacts lists stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Service.
Use Licence and Use Restrictions. We grant you a personal, revocable, non-exclusive, non-transferable, limited right and licence to access and use the Website and/or the Service (including without limitation to download and use the App on a mobile device owned and controlled by you) strictly in accordance with the terms and conditions of this Agreement.
You may not do or attempt to do any of the following while accessing and/or using the Website and/or the Service:
use any information obtained from the Service to harass, abuse, or harm another person.
Additional Terms (App Store and Google Play). The following terms apply when you obtain the App from either the Apple Store or Google Play to access the Service. You acknowledge that this Agreement is concluded between you and Supplier only, and not with Apple Inc. or Google Inc. (each an “App Distributor”), and Supplier, not an App Distributor, is solely responsible for the App and the content thereof.
Please do not send us any unsolicited ideas, suggestions, or proposals if you expect to receive a reward, benefit or payment for them or if you want to own or claim rights in them, so as to prevent misunderstandings or disputes if we develop new functionalities and features for the Service which you perceive to be similar or even identical to your idea, suggestion or proposal.
You acknowledge and agree that except for any personal, individually identifying information which we have specifically agreed with you to keep confidential in writing in the Privacy Policy, any questions, comments, suggestions, ideas, feedback, testimonials, reviews or other information about the Website and/or the Service (“Submissions”) provided by you to us (whether through email, phone, the Service or any other means of communication) shall not be considered your confidential information or otherwise proprietary to you, and that we shall be entitled to the unrestricted use, reproduction, disclosure, dissemination and exploitation of these Submissions for any purpose, commercial or otherwise (including without limitation for marketing purposes, and for developing, manufacturing and marketing products and services incorporating such information) without acknowledgement or compensation to you. We shall have no obligations concerning your Submissions, contractual or otherwise (including without limitation any obligation to keep your Submissions confidential).
You represent and warrant that your Submissions do not violate the law nor anyone's rights (whether at law or under contract) nor consist of or contain software viruses, solicitation or any form of ‘spam’. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of a Submission. You represent and warrant that you own all of the rights to your Submissions and that their use thereof by us as in accordance with this Agreement will not infringe the rights of any third party.
The content on the Service (“Service Content”) and all intellectual property rights (whether registered or not, including without limitation rights in inventions, patent rights, registered designs, copyright and all rights of whatever nature in computer programs) in the Website and/or the Service, including without limitation the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to us, and are subject to intellectual property rights protection under Singapore and foreign laws and international conventions. The Service Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics relating to the Service. You may not use any of the Marks without our prior written permission.
The Service Content is provided to you “AS IS” for your personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without our prior written consent. Provided that you are eligible to use the Service, you are granted a limited, revocable licence to access and use the Service Content and to download, electronically copy or print a copy of the Service Content to which you have properly gained access solely for your personal, non-commercial use and only where a ‘print’ or ‘download’ option or function for the same has been made available by us. You agree not to remove, delete, alter or obscure any proprietary notices from any materials downloaded, copied or printed from the Service. You acknowledge that we and/or third party content providers remain the owners of the Service Content and that you do not acquire any of those ownership rights by downloading the same.
Supplier reserves all rights not expressly granted to you in and to the Service, the Service Content and Marks.
The Service contains (or you may be sent through the Website and/or the Service) links to other websites (“Third Party Website(s)”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Service or any Third Party Content posted on, available through or installed from the Service, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. When you click on a link to a Third Party Website, you may leave the Service. If you decide to leave the Service and access the Third Party Website or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies do not govern your use of such Third Party Website. We have no control over, and are not responsible for the content on or obtained through Third Party Websites or for any damage you may incur from using and/or accessing the Third Party Websites (including without limitation any virus, spyware, malware, worms, errors or damaging material contained in the Third Party Websites) or the availability, accuracy or reliability of any of the Third Party Content. You should review the applicable terms and policies, including without limitation the privacy and data gathering practices, of any website to which you navigate from the Service or relating to any third party applications you use or install from the Service. Any purchases you make through Third Party Websites are through other websites and from other companies, and Supplier takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You hereby agree to assume all risk arising from your access to and/or use of the Third Party Websites and/or Third Party Content and hereby irrevocably waive any claim against us with respect to the same.
You acknowledge and agree that some parts of the Service are provided or made available to you by third party applications, software, devices, systems, networks and services that connect, link to or are integrated with the Service (“Third Party Applications”) (including without limitation Stripe). Information may be collected from you through and/or provided to us by such Third Party Applications and their operators, licensors and providers (“Third Party/Parties”).
Please be aware that the terms and conditions and policies of these Third Parties (“Third Party Terms”) will govern your use of Third Party Applications, and apply to the collection, use, disclosure, retention and processing of information from you by such Third Parties.
By accessing and/or using the Service, you acknowledge and agree to abide by the Third Party Terms, as they apply to your use of the Third Party Applications through the Service, and agree not to access and/or use the Service in a way that would cause us to be in breach of our contractual obligations to such Third Parties.
We reserve the right in our sole discretion (but shall not be obliged) to:
We may interrupt or suspend your access to and/or use of the Service from time to time, for maintenance, backups, upgrades and other reasons. You acknowledge that such interruptions, including without limitation planned downtime, routine maintenance and updates, may result in temporary unavailability of the Service. We will attempt to notify you in advance of any scheduled downtime (including without limitation on the Service, by email or other communication channels) but you acknowledge that this may not be reasonably practicable for unscheduled downtime (including without limitation emergency maintenance) which are due to reasons beyond our control.
We may from time to time offer discounts or run promotions (“Promotions”). Promotions shall be effective only for the applicable promotional period and shall be subject to additional terms and conditions which accompany details of the Promotions. Our decision on all matters relating to Promotions is final and binding and we reserve the right to alter, withdraw or discontinue any Promotion at any time without prior notice or liability to you.
This Agreement shall remain in full force and effect while you access and/or use the Service and/or have an Account on the Service. As an individual user, you may terminate your use of the Service at any time, for any reason, by following the instructions in your Account settings, if available, or by contacting us using the contact information below. Where you are an Organisation, you may terminate your use of the Service only in accordance with the termination provisions in the Agreement.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, SUPPLIER RESERVES THE RIGHT TO, IN SUPPLIER’S SOLE AND ABSOLUTE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, RESTRICT, SUSPEND, DENY OR TERMINATE YOUR ACCESS TO AND/OR USE OF THE SERVICE (INCLUDING WITHOUT LIMITATION TO DEACTIVATE, DELETE, SUSPEND OR TERMINATE YOUR ACCOUNT AND ALL INFORMATION RELATED OR CONTAINED THEREIN), FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
Any provisions of this Agreement that, in order to fulfil the purpose of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfil such purposes.
Upon termination of your Account, all rights granted to you hereunder shall immediately cease and terminate, and you must immediately cease access to and use of the Website and/or the Service and uninstall, delete or remove the App from your device(s).
If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of a third party.
You acknowledge and agree that even after the termination of your Account, some information relating to your terminated Account may remain in our records, and still be retained and/or used by us as we deem necessary to comply with our legal obligations, resolve disputes, enforce our agreements, for evidentiary purposes and in accordance with our Privacy Policy. For the avoidance of doubt, and save where required under law, we are under no obligation to you to retain, save, recover or provide you with any information and/or User Data under your terminated Account, and shall be entitled to delete your full profile, such information and/or User Data upon cancellation or termination as we see fit in the exercise of our sole discretion.
To Agreement. Any and all changes to this Agreement will be posted on the Service and/or the Website. You agree to be bound to any changes to this Agreement when you use the Website and/or the Service after any such modification becomes effective. Supplier may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their email address indicated under their Account. It is therefore important that you regularly review this Agreement and keep your contact information current in your Account settings to ensure you are informed of these changes. You agree that you will periodically check the Service for updates to this Agreement and you will read the messages we send to inform you of any changes. Modifications to this Agreement shall be effective after posting or on the effective date stated by us.
To Service. Supplier reserves the right at any time to modify, update, change, remove, suspend, disable, restrict access to or discontinue, temporarily or permanently, the Website and/or the Service (or any part thereof) or change any features, component or content thereof at any time, with or without notice, without liability to you. Supplier does not guarantee that any specific content, component and/or feature will always be available on the Service.
You agree that we may record conversations between you and us (including without limitation via telephone, email or chat) and use such recordings, or electronic transcripts from such recordings, as evidence in any dispute or anticipated dispute. To ensure quality of customer service, you agree to allow us to monitor conversations between you and us from time to time.
You acknowledge and agree that our records, whether stored in printed or electronic form, shall be binding on you for all purposes whatsoever and shall be conclusive evidence of the contents thereof (including without limitation of notices, communications, transactions, instructions, messages or operations made, performed, processed or effected through or in connection with the Service) and/or your liability to us. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or authenticity of the contents of such records and hereby waive any of your rights (if any) to so object.
If for whatever reason you are dissatisfied with the Website and/or the Service, you must send a written notice to us by email in order to provide us with the opportunity to attempt in good faith to resolve the issue with you. If we are unable to resolve the issue, you may pursue resolution of the issue as set forth below.
This Agreement and all matters relating to your access and use of the Website and/or the Service shall be governed by and construed in accordance with the laws of Singapore, and you hereby submit to the exclusive jurisdiction of the Singapore courts for the purposes of any legal action or proceedings brought by Supplier against you (including without limitation any summons, motion or petition, and any application to court for injunctive, equitable and other relief).
You agree that we shall be entitled at our election to refer any claim not exceeding Singapore Dollars Twenty Thousand (S$20,000) (or the highest limit prescribed by law) to the State Courts’ Small Claims Tribunal. You agree at our request to execute all documents (including without limitation executing where applicable a Memorandum of Consent) and to perform all acts necessary to enable such dispute to be referred to the Small Claims Tribunal at our election.
You hereby agree that any dispute, controversy or claim that you may bring against us arising out of or in connection with the Service, the Service, and/or your Agreement with us, including without limitation any question you may raise regarding its existence, validity, breach or termination, shall be referred to and finally resolved by arbitration in Singapore at the Singapore International Arbitration Centre (“SIAC”) or at such other venue in Singapore as the parties may agree in writing in accordance with the SIAC Rules. In relation to such arbitration: (a) the law of the arbitration shall be the Singapore International Arbitration Act (Cap. 143A); (b) the tribunal shall consist of a single arbitrator to be appointed by the Chairman of the Singapore International Arbitration Centre; (c) the language of the arbitration shall be English; (d) the parties hereto undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential; and (e) no arbitration will be combined with another without the prior written consent of all parties to all affected arbitrations.
Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act is excluded from this Agreement.
In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Service (including without limitation your use thereof) be brought by you against us more than two (2) years after the cause of action arose. You will be liable for any attorney’s fees and costs (on a solicitor-and-Customer basis) if we have to take any legal action to enforce this Agreement.
Occasionally, there may be information on the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Supplier reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
We cannot control the nature of all of the content available on the Service. By operating the Service, we do not represent or imply that we endorse any blogs or other content available on or linked to the Service, including without limitation content hosted on Third Party Websites or provided by Third Party Applications, or that Supplier believes any blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Service. We are not responsible for the conduct, whether online or offline, of any user.
By using the Service, you acknowledge and agree that internet transmissions are never completely private or secure, and that it is possible that the data on the Service can be mistakenly released, lost, hacked or accessed by unauthorized users. You further acknowledge that operation of and access to the Service and/or Website may be interrupted or interfered with as a result of technical errors or issues or other factors outside of our control.
UNLESS OTHERWISE EXPRESSLY STATED IN THE AGREEMENT, YOU AGREE THAT THE SERVICE IS PROVIDED TO YOU AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND. YOU ACKNOWLEDGE THAT THE ENTIRE RISK OF USING THE WEBSITE AND/OR SERVICE REMAINS SOLELY WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, SUPPLIER, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUBSIDIARIES HEREBY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Without limiting the foregoing and without prejudice to any other disclaimers under this Agreement, we make no representation or warranty:
relating to any third party, Third Party Website, Third Party Account, Third Party Content, Third Party Application or any other product, service, content, warranty or representation provided by a third party.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SUPPLIER OR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUBSIDIARIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE WEBSITE AND/OR SERVICE, WHETHER FORESEEABLE OR NOT, EVEN IF SUPPLIER HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. NOWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN THE EVENT THAT SUPPLIER IS LIABLE TO YOU FOR DAMAGES DESPITE THE PROVISIONS IN THIS AGREEMENT, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU (TO THE EXTENT NOT EFFECTIVELY DISCLAIMED) FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE MONETARY LIMIT SPECIFIED IN YOUR SUBSCRIPTION TERMS, OR IF NO LIMIT IS SPECIFIED THEREIN, THEN TO THE AMOUNT PAID BY YOU TO SUPPLIER FOR THE SERVICE DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
Without prejudice to the generality of the foregoing, we shall not be liable for:
You agree that the exclusions and limitations of liability under this Agreement are fair and reasonable and that the charges for the use of the Website and/or the Service will be substantially higher in the absence of such exclusions and limitations. Nothing in this Agreement shall limit or exclude our liability for any liability that cannot be excluded or limited by applicable laws.
You agree to defend, fully indemnify and hold Supplier, its subsidiaries, related companies, affiliates, and our/their respective officers, agents, partners and employees, harmless from and against, any and all losses, damages, liabilities, actions, costs, expenses, penalties, claims and/or demands, (including without limitation statutory liability and liability to third parties, economic loss, accounting fees, and court and legal costs assessed on a solicitor-and-client basis), due to or arising out of, whether directly or indirectly, from:
Notwithstanding the foregoing, Supplier reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Supplier, and you agree to cooperate fully, at your expense, with Supplier’s defense of such claims. Supplier will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices given to Supplier shall be given by email to the address listed in the contact information below, as updated from time to time. Any notices given to you shall be given to the email address you provided under your Account. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by postal mail.
We shall not be liable for any failure or delay in the performance of our obligations or the operation of the Website and/or the Service or any unavailability thereof that is due, in whole or in part, directly or indirectly to an event, circumstance or failure which is beyond our reasonable control including without limitation (a) acts of God, nature, court or government; (b) strikes, lockouts, industrial action or labour disputes; (c) riots, civil unrest, war or threat of war, criminal or terrorist acts; (d) epidemic, quarantine restrictions; (e) disruption to supply lines, and general failure or impossibility of the use of aircraft, shipping, aircraft, motor transport or other means of public or private transport, or political interference with the normal operations of any party; (f) utility failures, power outages, failure or interruption in public or private telecommunication networks, communications channels or information systems used in the provision of services; (g) acts or omissions of a third party service provider or party for whom we are not responsible; (h) delay, failure or interruption in, or unavailability of, third party services, applications and/or websites; and (i) viruses, other malicious computer codes or the hacking by any party of the Website and/or the Service, third party services, applications and/or websites (each a “Force Majeure Event.
The failure of Supplier to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
This Agreement operates to the fullest extent permissible by law.
This Agreement and your Account may not be assigned by you without our express written consent. Supplier may assign any or all of its rights and obligations under this Agreement to any other party at any time.
If any provision of this Agreement is found to be illegal, void or unenforceable under any applicable law or if any court of competent jurisdiction in a final decision so determines, this Agreement shall continue in force save that such provision shall be deemed to be deleted.
There is no joint venture, partnership, employment or agency relationship created between you and Supplier as a result of this Agreement or your access to and/or use of the Website and/or the Service.
Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with this Agreement.
You agree that this Agreement will not be construed against us by virtue of having drafted it.
You hereby waive any and all defences you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In order to resolve a complaint regarding the Website and/or the Service or to receive further information regarding use of the Website and/or the Service, or to contact us for any other matter, please use our contact information set forth below:
284 River Valley Road
#01-01
Singapore 238325
Email: hello@heyhi.sg
Phone: +65 9299 4121