TERMS OF USE
Last Updated: April 2022

1. WELCOME TO THISCO
1.1
Our Terms of Use. Welcome to THISCo! These Terms of Use (the "Terms") govern your access to, interaction with and use of the e-commerce platforms developed, maintained and/or operated by THISCo Pte. Ltd. (UEN: 202031339Z), including but not limited to our website www.thiscotime.com, our partner platforms and other services provided by us from time to time, including, where applicable, our partners, subsidiaries, brands, related or associated companies or brands, and/or officers (collectively, "THISCo", "we", "us" or "our").
1.2
Our Platforms and Services. THISCo provides our products and services through various platforms, including but not limited to our website www.thiscotime.com, our partner platforms, and/or other e-commerce platforms developed by, maintained and/or operated by THISCo from time to time (the "Platforms", and the services provided through the Platforms, the "Services"). The Platforms operate as online marts selling sustainable and holistic consumables and products (the "Products"), from which users may browse and purchase Products from a wide variety of categories, and which are then delivered to our users.
1.3
Acknowledgement and Consent. By interacting with us, visiting our Platforms or accessing our Services, you acknowledge and agree that: 
(a)  you have read and understood the terms and conditions set out in these Terms, including the privacy policy made available on our Platforms from time to time; 
(b)  you agree, unconditionally, to comply with and be legally bound by these Terms, whether or not you become a registered user; and 
(c)  we reserve the right, in our sole discretion, to update or revise these Terms of Use and the continued use of our Platforms following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

    These Terms, as revised and/or updated from time to time, govern your access, interaction and use of our Platforms and Services and constitutes a legally binding agreement between you and THISCo. If you do not agree to these Terms, you must not access or use the Platforms and/or Services.
2. AUTHORITY
2.1
Authority. For the purposes of these Terms, "you" and "your" mean you as the user of our Products, Services and/or Platforms, whether you purchase the Products or not. If you use our Products and Services and/or access our Platforms on behalf of a company, organisation or other entity, then:  
(a)   "you" includes you and that entity; 
(b)   you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf; and
(c)  your entity is legally and financially responsible for your use of our Products and Services as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.

     If you are using the Products and Services on behalf of a company, business or other entity, or if you are using the Products and Services for commercial purposes, you and the entity will hold harmless and indemnify THISCo from any suit, claim or action arising from or related to the use of the Products and Services or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorney's fees.
2.2
Age and Others. You warrant and represent that you have attained eighteen (18) years of age, or, if you are younger than eighteen (18) years of age, that you possess legal, parental or guardian consent, and are fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
3. YOUR THISCO ACCOUNT
3.1
Registration. When registering for a THISCo account, you represent and warrant that all information that you submit is accurate, truthful, complete, updated, and lawful. You further warrant that you will maintain the accuracy of such information and that you will not create an account for fraudulent or misleading purposes.
3.2
Access to Your THISCo Account. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. To protect your account, keep your username and password confidential. Sharing of registered accounts and/or ID on our Platforms, accessing our Platforms through a single ID made available to multiple users on a network, and unauthorised use of another's ID is prohibited. In the event of inappropriate or unauthorised ID use, we may cancel, restrict, or suspend (for such period and on such terms, if any, as we deem fit or necessary) your account with, and/or access to, our Platforms without any liability whatsoever. THISCo reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our Services in any way. Should you forget your password and cannot otherwise validate your THISCo account, you acknowledge and agree that your account may be suspended and shall be inaccessible to you and that all data associated with the account may not be retrievable.
3.3
Account Activity. You are solely responsible for all activity that occurs on your account, for all use of the Platforms by you or anyone else using your ID, for preventing any unauthorised use of your ID and for maintaining the confidentiality of your ID and keeping it secure. You agree not to use the registered account and/or ID of another person at any time or to disclose your password to any third party. Please notify us immediately if you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID.
3.4
Disclaimer. THISCo is not responsible or liable to you or any third party for any claim, demand, action, proceeding, loss, damage, liability, cost and/or expenses arising as a result of or in connection with the use of your account, including any unauthorised or fraudulent use of your account. If you require any assistance with your account, please contact us at [email protected]
3.5
Discretion. THISCo reserves the right to refuse any request for registration of an account, and/or at any time suspend, deactivate, cancel or terminate any account and/or delete all related information and files related to your account without notice, at our sole discretion. THISCo may permanently delete your account in the event that you violate these Terms. THISCo is not liable for any liability arising from or in relation to any action taken by us to suspend, deactivate, cancel or terminate any account.
3.6
Third-Party Access. We may from time to time partner with third-party service providers who provide identification verification services, information verification services and payment services used by you on our Platforms. Such third-party service providers, who may change from time to time, may request additional information, including, but not limited to, unique entity number, bank accounts details and details from you or of your business. In order for us to provide the Services, you agree to provide such details to the third-party service providers.
3.7
Deleting your Account. You may delete your account on our Platforms at any time provided that you have fulfilled all your payment and contractual obligations, where applicable. You acknowledge that the deletion of your account may result in the permanent deletion of any data that is stored on the Platforms relating to your account.
4. THISCO USER
4.1
User Conduct. You agree not to use the Products and Services in any manner that violates these Terms as implemented or amended from time to time, which includes the following:
(a)  Authenticity and Integrity.  Your THISCo profile should be true, complete and accurate. You shall not use THISCo to impersonate another person, act as another entity without authorisation, or create multiple accounts in violation of THISCo's policies. You agree that you will not solicit, collect or use the login credentials of other Platforms users.
(b)  Prohibitions. You may not use the Platforms for any purpose that may be unlawful or prohibited by these Terms of Use, or solicit the performance of any illegal activity or other activity which infringes the rights of THISCo or others, including but not limited to: 
(i)  transmitting via the Platforms any information, data, text, images, files, links, or software except in connection with your authorised use of the Platform or otherwise in response to specific requests for information by us; 
(ii) introduce to the Platforms or any other computer or website viruses, worms, Trojan horses and/or harmful codes; obtain unauthorised access to any computer system; 
(iii) violate any personal or proprietary right (including intellectual property rights) of any person or entity; 
(iv) conduct fraudulent activities; and
(v) collect or harvest information regarding other users of the Platforms for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
4.2
User Content. You are responsible for all text, photographs, videos, images, and all other forms of data communication (collectively referred to as the "User Content") that you transmit or submit to, through, or in connection with the use of the Platforms and/or our Services. 
(a) You represent that your User Content will not infringe any third party's intellectual property and that you own, or have the necessary permissions and consents to use and authorise the use of the User Content.   
(b) You shall refrain from causing your User Content to contain material that is defamatory, false, misleading, infringing, harassing, libellous, abusive, threatening, obscene, or otherwise unlawful as you may expose yourself to liability.  
(c) You agree that all reviews and ratings of Product(s) submitted through our Platforms or social media platforms are accurate, honest, truthful and complete in all respects. In particular, you shall not submit reviews with hyperlinks, you do not work for or own an interest in any of the manufacturers of the Product(s) for which reviews and ratings are submitted or that violate the policies set out in these Terms.
4.3
Acknowledgement. You agree and acknowledge that THISCo, may in its sole discretion, screen, review and/or regulate all Content made available on our Platforms, including but not limited to removing or investigating the nature of any Content made available on our Platforms. Notwithstanding the foregoing, you acknowledge that the reviews and ratings made available on our Platforms do not reflect the views of THISCo, its officers, managers, owners, employees, or agents.
4.4
User Responsibility for Self-Protection. You are responsible for configuring your information technology, computer programmes and platforms in order to access our Platforms. You should use your own virus protection software.
4.5
User Responsibility for Protection of Others. You must not misuse our Platforms by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious and/or technologically harmful. You must not attempt to gain unauthorised access to our Platforms, the server on which our Platforms is stored or any server, computer or database connected to our Platforms. You must not attack our Platforms via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may be committing an offence under the applicable laws and regulations. We will not hesitate to report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platforms will cease immediately.
4.6
Compliance with Rules and Regulations. You must follow any guidelines or policies associated with the Services, as may be implemented by THISCo from time to time. You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services and/or the Platforms only as permitted by the applicable laws.
4.7
Transactions with Third Parties. Under no circumstances will THISCo be liable for any goods, services, resources or content available through third party dealings or communications, or for any harm related thereto. Please review carefully the policies and practices of third parties and ensure that you are comfortable with those policies and practices before engaging in any transactions with third parties. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
5. THISCO PLATFORMS
5.1
Access to our Platforms. You agree that you shall interact, access and use our Platforms at your sole risk and subject to the Terms set out herein.
5.2
Ownership of THISCo Platforms. You acknowledge that THISCo owns the rights to the THISCo Platforms. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the THISCo website, mobile application, or any software distributed by THISCo, or assist any other person or entity in doing so. You acknowledge that all content, including, but not limited to, text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributions, commercially-produced information presented to you by the Service, by THISCo, THISCo users, or THISCo advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You shall not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Platforms, whether done directly or through intermediaries (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) including code and software for commercial purposes. For permission to use third-party materials appearing on the Platforms, please contact the copyright owner. You shall not acquire ownership rights to any content, document or other materials viewed through the Platforms. The posting of information or materials on the Platforms do not constitute a waiver of any right in such information and materials.
5.3
Availability of Platforms. We do not guarantee that our Platforms, access to our Platforms or any content on them, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Platforms without notice. We will not be liable to you if, for any reason, our Platforms is unavailable at any time or for any period. While we will attempt to notify you in advance of any scheduled downtime (including on our Platforms, by email or other communications channels), this may not be reasonably practicable for unscheduled downtime (including emergency maintenance) which are due to reasons beyond our control.
5.4
Revisions to Our Platforms. We may update our Platforms from time to time, and may change the content at any time. However, please note that any content on our Platforms may be out-of-date at any given time, and we are under no obligation to update it. You agree that it shall be your responsibility to update the Platforms to the latest version as and when such updates become available.
5.5
Disclaimers.

(a) Our Platforms may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Product(s) that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
(b) Whilst we try to ensure that all details, descriptions and prices which appear on our Platforms are accurate, errors may occur. If we discover an error in the price of any Product which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you decide to confirm your order, you authorise us to charge the additional amount to you (if applicable). If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.

5.6
No Guarantees.

(a)  We do not guarantee that our Platforms, or any content made available through our Platforms, are free from errors or omissions. You understand that you are solely responsible for any damage to your computer system or loss of data that results from any material downloaded from or otherwise provided through our Platforms. 
(b) We do not guarantee that any specific content, component and/or feature will always be available on the Service or our Platforms.
(c)  We do not guarantee that our Platforms will be secure or free from bugs or viruses. We will not be responsible for or obligated to carry out bug fixes of the Platforms. We do not guarantee that the Platforms will work on your technology devices such as computers, tablets, mobile devices, iPads or phones.

5.7
Pricing.

Unless otherwise indicated, prices listed on our Platforms are in Singapore Dollars and are not inclusive of shipping and any other additional charges. We reserve the right to amend, alter or change any prices listed on our Platforms from time to time and any promotional discounts or offers may also be withdrawn at any time without giving any reason or prior notice. The price payable by you for the Products and Services shall be the price of the Products and Services as stated on our Platforms at the time your order is transmitted to us through our Platforms, as determined by THISCo.

5.8
Reservation of Rights. We reserve the right to update, change, remove, suspend, disable or restrict access to or discontinue the Service (or any part thereof) or change any features, component or content thereof at any time, for any reason, without notice or liability.
6. THISCO ORDERS
6.1
Placing an Order. By placing an order through our Platforms, you are offering to purchase our Product(s) on and subject to the Terms set out herein, including but not limited to the following:  
(a)  All orders are subject to availability and suitability of your order.  
(b)  THISCo retains the absolute discretion to refuse any request made by you for any reason whatsoever.  
(c)  When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the bank account and/or the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Product(s).
6.2
Acknowledgement of Order. When you place an order, you will receive an acknowledgement confirming receipt of your order. THIS IS ONLY AN ACKNOWLEDGEMENT OF YOUR ORDER AND SHALL NOT CONSTITUTE ACCEPTANCE OF YOUR ORDER.
(a)  We reserve the right to request further information from you at any time to complete your order and/or comply with regulatory requirements.  
(b)  All orders are subject to our acceptance. We reserve the right to accept or reject your order for any reason, including without limitation, that the requested Product is not available, that there is an error in the price or the Product description, or that there is an error made in the customer order. We reserve the right to limit your order or the quantity of a particular Product you may order. Placing an order is not a guarantee of available stock.
6.3
Acceptance of Order. Your order for the purchase of our Product(s) shall only be deemed to be accepted when we confirm that the Product(s) are available and your payment has been approved by us i.e., when we have debited your credit or debit card, or payment has been received into our designated bank account Provided That: 
(a)  We may, at any time, cancel any part or whole of your order for any reason including where insufficient or incorrect information has been provided, authentication has not been possible, the delivery deadline is unable to be met and/or the Product is out of stock, without incurring additional liabilities. In the event that we cancel or are unable to fulfil your order, we will provide a full refund or (where applicable) a partial refund of any payment received for such order.
(b)  Unless otherwise determined by us from time to time, cash on delivery or any other payment methods are not accepted. Products will not be dispatched until  payment is received in full. If payment is made via credit or debit card, your card will be debited once the order has been accepted. If your payment is not received, is declined by us, or your bank or credit card issuer, we will not hold the Product(s) against your order. 
6.4
Delivery. All delivery arrangements shall be subject to the terms indicated by us from time to time. Unless otherwise indicated, the following terms shall apply: 
(a)  All orders will be delivered to the address provided to us provided that the address falls within our designated areas in Singapore and our safety protocols. For example, in the interests of safety, we do not deliver Product(s) to walk-ups above certain floors, as determined by us from time to time depending on the building layout. In the event of uncertainty, please check with us before placing an order. Self-collection of Products is not allowed.
(b) Delivery and collection arrangements will only be made after we have received your payment. Additional delivery charges may apply in respect of certain zones or time periods. If you require special delivery arrangements, you may contact us or leave a note in your order. We will try to accommodate your request but we cannot guarantee that your request(s) shall or will be met.
(c)  Upon confirmation, no changes to the delivery date, time or location are allowed. It shall be your responsibility to ensure that someone is present to receive the order(s) at the scheduled delivery date and time.
(d)  If you have provided an inaccurate or incomplete delivery address or no one is at the delivery location to receive the order(s) at the time of delivery, we will use reasonable endeavours to re-deliver the Products and/or dispose of your Products, in our sole discretion.
(e)  For any delay in the delivery of your order, we will inform you accordingly and dispatch the order once possible. The time for delivery shall not be of the essence, and neither we nor our agents shall be liable for any loss and/or delay in delivery whatsoever caused.
(f)  For multiple Products purchased in a single order, please note that orders cannot be split and all Products will be collected or delivered on the same day as scheduled.
(g) We deliver case sizes of a variety of different goods, including laundry detergent, beverages, rice, etc. Given the heavy weight of some of these Products, and our concern for the health of our drivers, we have purchase limits on a variety of these items on our Platforms.
6.5
Transfer of Title. The Products shall be your responsibility from the time we deliver the Products to the address you have provided us and/or once you have collected the Products from us. We shall not be liable for any damage that is rendered to the Products(s) and/or any other items (including gifts, cooler bags, etc.) purchased or gifted from us upon delivery or collection. We do not allow returns or refunds and we will not accept any liability either for any damage sustained to the Product and/or any other items thereafter or for any failure to follow the instructions provided once delivered.
6.6
Authorisations. By placing your order, you authorise us to transmit or obtain information about you from third parties from time to time to complete your order.
6.7
No Changes or Cancellations.  
(a)  Any alterations, changes and cancellations are not allowed once an order has been placed.  All paid orders are non-refundable and non-exchangeable for cash, in-kind, or other goods and services.  
(b)  Subject to cancellation by THISCo as described in these Terms of Use, no order(s) can be cancelled after they have been placed. Any exceptions will be made under our discretion, with our rights reserved.
6.8
Separate Orders. Each fully-paid order accepted by us shall constitute a separate and individual order governed by these Terms of Use.
6.9
Promotions. We may from time to time offer promotional discount codes, vouchers and/or free gifts which may apply in respect of any, or certain specified, purchases and/or Product(s) made through our Platforms (the "Promotions" or "Vouchers" as the case may be). We reserve the full discretion in administering any Promotions or Vouchers and the conditions of use relating to any Promotion or Vouchers will be specified at the time of issue. Unless otherwise specified, the following terms shall apply:  
(a)we reserve the right to withdraw, discontinue or deactivate any Promotions or Vouchers (other than a paid-up gift card) for any reason at any time without notice or liability; 
(b) Each Promotion can only be used once by each user during the applicable validity period and may be subject to minimum purchase requirements or specific Product requirements. Promotions may only be redeemed through our Platforms, and in accordance with our instructions. Each Promotion cannot be used in conjunction with any other promotions unless otherwise stated;  
(c)    the Promotion cannot be applied after an order has been placed and the use of any Promotions must be indicated at the time of checkout, with all information required by us provided;
(d)  Vouchers cannot be refunded, redeemed or exchanged for cash. The resale, transfer and/or sharing of Vouchers is strictly prohibited, save that gift vouchers, if offered by us, may be purchased by you and given to others;
(e) no reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Vouchers is allowed. Vouchers are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used. We reserve the right to verify the validity of any Voucher and to declare null and void and charge full price for items purchased, any Voucher that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used;
(f)   each Voucher type has different requirements and rewards including specific voucher terms, and such terms must be met in order to be eligible for the Voucher and to receive the discount or offer covered therein;
where any free gift is offered as part of a promotion, the free gift is offered on a "first come first serve" and while stocks last basis. No cash or credit will be offered in lieu of the gift; and 
(g)    where you are permitted to return any Product to us for a refund/credit and such Product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such Product. Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned Product less the promotion or discount applied to the returned Product on a pro-rata basis. Further, any free promotional gift given with an order must also be returned if you are returning the Product(s) to which the gift is related. If the total order value is reduced below the value of the qualifying free delivery or any promotion qualification because of a returned item, we may charge the delivery fee and/or the full value of the order without the promotion.
7. WARRANTIES AND DISCLAIMERS
7.1
No Warranties. Although we make reasonable efforts to update the information on our Platforms, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Platforms or provided through our Services is accurate, complete or up-to-date.
7.2
Accuracy of Content. Any content or information accessed by or provided to you through our Platforms is provided "as is," "with all faults," and "as available." without representations or warranties of any kind, whether expressed or implied. THISCo, its agents, and its licensors do not warrant the accuracy, completeness, validity, non-infringement, merchantability or fitness for a particular purpose of any content or information available through its Platforms or network. You access such content or information at your own risk. THISCo does not guarantee that its network or Platforms will be error-free, or continuously available, or that it will be free of viruses or other harmful components. Under no circumstances will THISCo, its affiliates, its agents or its licensors be liable to you or anyone else for any damages that arise from the use of its network or Platforms. This is a comprehensive limitation of liability that applies to all damages of any kind - for example, compensatory, special, direct, indirect, or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties - even if we are advised beforehand of the possibility of such damages.
7.3
Disclaimer of Liability. To the fullest extent permissible by the applicable laws, THISCo disclaims all warranties of any kind, including the implied warranties of merchantability and fitness for a particular purpose with respect to the Products and services listed or purchased on our Platforms. Without limiting the generality of the foregoing: 
(a)  THISCo expressly disclaims all liability for Product defect or failure, failure to comply with Product instructions, Product misuse or modification and/or abuse. Where applicable, you are encouraged to read all labels, information and descriptions carefully as THISCo shall not be liable for any allergic reactions or intolerance to the Products; 
(b)  THISCo expressly disclaims all liability in respect of: 
(i)  loss or damages you incurred or suffered, directly or indirectly, from the access, use and/or inability to access and/or use our Platforms, its content or Services; 
(ii)  any acts, omissions or defaults of any third parties, including but not limited to third party payment system(s) and/or payment data on our Platforms; and
(iii)  third party claims, whether directly or indirectly caused by, or relating to, the content of our Platforms and the Products purchased on or through our Platforms; and 
(c)  THISCo expressly disclaims any warranty, condition, guarantee, term or representation:
(i)   as to the accuracy, timeliness, performance, reliability, completeness or suitability of the information and materials on the Platforms for any particular purpose; and/or 
(ii)   as to the uninterrupted and secured access to our Platforms and/or its Services.

8. LIMITATION OF LIABILITY
8.1
Limitation of Liability. To the maximum extent permitted by law, in no event shall THISCo, its parent, subsidiaries, partners or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site be liable to any user of our Platforms or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, litigation costs, costs or damages for loss of profits, loss of data, loss of use, business opportunities, revenue, goodwill, production or use, business interruption, procurement of substitute goods or services, or the loss or cost of recreating any data, arising out of or in connection with these Terms, regardless of the cause of action or the theory of liability, whether based upon warranty, contract, tort, breach of statutory duty or otherwise) or damages of any nature, even if foreseeable, arising under or in connection with:
(a)  the use of or reliance on any content displayed on our Platforms other than in accordance with these Terms. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your mobile phone, computer equipment, computer programs, data or other proprietary material due to your use of our Platforms or to your downloading of any content on it, or on any other Platforms or websites linked to it, except where it was caused by our wilful misconduct; 
(b)  the loss of any data or information contained in your account or otherwise stored by or on behalf of THISCo; and/or 
(c)    the use of or reliance on any content displayed on our Platforms of any form, which are incorrect or misrepresented.
8.2
Further Exclusions. We shall not be liable for any inconvenience, loss, cost, damage or injury suffered by you or any third party arising from or caused by:
(a)  our compliance with any instruction given or purported to be given by you relating to a transaction performed via the Platforms, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission, provided that such compromise or impairment would not have been apparent to a reasonable person receiving such instruction;
(b) use of your account and the Platforms by third parties, whether authorised or unauthorised by you;
(c)    your transfer of consideration to the wrong recipient;
(d)  any inaccurate, delayed or otherwise defective payment due to (or contributed by) third party service providers;
(e)   theft or loss of your device, hardware and/or equipment on which the Platforms may be installed;
(f)  your inability to effect or complete any transaction due to system maintenance or breakdown/non-availability of the Platforms or any network;
(g)   you being deprived of the use of the Platforms as a consequence of any action by us, except where such deprivation is caused by our omission, negligence or wilful misconduct; and
(h)  any failure by us to perform any obligation or observe any of these Terms if such failure arises from a failure of, or any unauthorised and/or unlawful access to, any machine, data processing system or transmission link, or any event outside our control.
8.3
Maximum Aggregate Liability. To the extent that any exclusion of liability under these Terms of Use is not permitted by law, the aggregate cumulative liability of THISCo and our affiliates under any order shall in any event not exceed the sum that you have paid to us for the sale of Products under that order.
9. INTELLECTUAL PROPERTY RIGHTS
9.1
Intellectual Property. The content on our Platforms (including but not limited to) the text, software, scripts, graphics, photographs, sounds, music, videos, interactive features and the like (collectively, the "Content") and any and all trademarks, service marks and logos contained therein (collectively, the "Marks"), are owned by or licensed to THISCo and/or THISCo's partners or related entities, and subject to copyright and other intellectual property rights under Singapore and such other applicable laws. Nothing on the Platforms may be construed as granting, by implication, estoppel, or otherwise, any right or license to use, copy or imitate any Content or Marks without the prior written consent of the relevant owner. We reserve all rights not expressly granted in and to the Content or Marks.
9.2
Proprietary Ownership. Your access to our Services and/or Platform does not give you any ownership over any intellectual or other proprietary rights or interests in the Products, Services, Platforms or content you access. You shall not use any branding or logos used in the Products and Services unless prior written permission has been granted by THISCo. You may not remove, obscure, or alter any legal notices displayed in or along with the Services and/or the Platforms. You must not reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on, or exploit for any commercial purposes, any portion or use of, or access to, the Products, Services and/or Platforms, unless prior written permission has been granted by THISCo.
9.3
Licence. In addition, as a condition of submitting any User Content or other materials to our Platforms, you agree that:
(a)  you grant to THISCo a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, and incorporate such User Content into other works; 
(b)  you grant to THISCo all rights necessary to publish your User Content and acknowledge that this licence shall be perpetual; 
(c)  you grant to THISCo all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your User Content by any other party; and 
(d)  you authorise THISCo to share your User Content to third parties in accordance with legitimate business purposes.
10. GENERAL
10.1
Indemnity. You agree to indemnify, defend and hold harmless THISCo, its partners, directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising out of, your direct or indirect access and use of the Platforms, contents, materials, Services and/or Products, unauthorised or fraudulent use of your account, breach of any provision of these Terms of Use, violation of any rights of another person or entity, and/or breach of any statutory requirement and/or any applicable law.
10.2
No Agency. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Terms of Use. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created between THISCo and any user or merchant.
10.3
Notices. Except as explicitly stated otherwise, any legal notices shall be served on THISCo Pte. Ltd. via email, to [email protected] or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.
10.4
Force Majeure. Neither we, nor any third party services that we use, shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control including but not limited to any fire, flood, explosion, accident, adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of any private or public highway, riot, government act, quarantine restrictions, pandemics, epidemics, disruption to supply lines, power outages act of war, terrorism, acts of God, or from any industrial dispute or strike whatsoever.
10.5
Variation. THISCo shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any information on our Platforms.
10.6
Partial Invalidity. If at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.
10.7
No Waivers. No release or waiver of any of these Terms of Use or any rights by THISCo shall be effective unless it is expressly stated to be a release and/or waiver and is made in writing and signed by an authorised representative of THISCo. Any failure of THISCo to enforce any right or provision of any Terms of Use shall not be deemed as a waiver of such right or provision. A release or waiver by us of any default shall not constitute a release or waiver of any subsequent default. In the event that any provision of these Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions of these Terms of Use shall remain in full force and effect.
10.8
Governing Law. These Terms shall be governed by and construed in accordance with the laws of Singapore. The courts of Singapore shall have exclusive jurisdiction over any legal action or proceedings against THISCo arising out of, with respect to, or in connection with any disputes over these Terms.