General Terms and Conditions of Use

1. INTRODUCTION

1.1 Applicability. These general terms and conditions of use (“General Terms“) apply to:

(a) the use of this website (“Site“), which is owned and/or operated by LAKOPI TECHNOLOGIES PTE LTD (“Lakopitech“) and/or its related companies (collectively, “Lakopitech Group“; for the avoidance of doubt, a reference to the Lakopitech Group includes a reference to any one company in the Lakopitech Group);

(b) any specific goods or services offered, supplied, produced, provided and/or delivered by the Lakopitech Group (collectively, the “Services“), whether via this Site or any other sites that are owned and/or operated by the Lakopitech Group; and

(c) any goods and/or services offered made available by applications made and/or offered by the Lakopitech Group, that you may download and install, or that may come pre-installed, on supported operating systems and/or devices (collectively, “Apps“).

In addition, the use of any Site, Service or App may be governed by additional, specific terms and conditions (“Specific Terms“) which will impose additional terms and conditions specific to the relevant Site, Services and/or Apps, and which will be deemed incorporated into these General Terms (collectively, the “Agreement“). In the event of any conflict or inconsistency between any of the provisions in these General Terms and any Specific Terms, the applicable Specific Terms shall prevail.

1.2 By accessing or using the Site, Services, and/or Apps, you agree to be bound by these General Terms and applicable Specific Terms, as well as any other policies, rules and regulations that may be imposed and/or required by Lakopitech from time to time.

1.3 We also use the unbranded version of the YouTube embedded player in the Site and Services. Your access to and use of the YouTube player is subject to the YouTube Terms of Service set out here: https://www.youtube.com/t/terms. YouTube may also collect usage data when you interact or engage with the YouTube player in accordance with the terms of the Google Privacy Policy set out here: https://www.google.com/policies/privacy, which you agree to be bound by.

1.4 Amendments. These General Terms and any Specific Terms may be amended by Lakopitech or any company in the Lakopitech Group from time to time. Such amendments may be posted on the Site or on any of the other sites and/or Apps owned and/or operated by the relevant Lakopitech Group company. You are responsible for being aware of such changes, and your continued use of the Site, Services and/or Apps shall be deemed and construed as your conclusive and binding acceptance of the amended terms.

2. PAID GOODS AND/OR SERVICES; PAYMENT

2.1 Paid content. Some of the products, services, and/or content made available on the Site, Services and/or Apps (whether from Lakopitech or from a third party) will require a purchase before becoming available for use (“Paid Content”). Such Paid Content may be subject to individual terms and conditions in addition to the terms and conditions in the General Terms and any Specific Terms. By purchasing such Paid Content, you also agree that you will be bound by such individual terms and conditions and agree to pay for Paid Content through the Site, Services and/or Apps.

2.2 Method of payment. Unless otherwise stated, payment may be made by Visa, Mastercard and/or any other methods which may be clearly advertised on the Site, Services or Apps, from time to time. You agree that Lakopitech may charge your charge card or other account(s) and/or payment methods for any content, products or services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account.

2.3 Time of payment. You are liable to pay for Paid Content at such charges and at such times as stated in the terms and conditions accompanying such Paid Content, or such charges and times that Lakopitech may determine from time to time. Payment for subscription based Paid Content will be billed in advance at monthly intervals or such intervals as may be determined by Lakopitech. Payment for all other Paid Content will be billed at the point of sale. All fees are due and payable as soon as the bill is issued, and must be settled by the payment date stated on the bill. The total price on the bill will include the price of the good or service plus any applicable goods and services tax.

2.4 Disputes. In the absence of fraud or manifest error, and subject to this clause, Lakopitech may rely on each bill as conclusive evidence against you of the accuracy, completeness and truth of all matters stated in it. If you wish to reasonably dispute any amount in the bill, you may withhold payment for such disputed amounts if you inform us in writing prior to the payment date shown on the bill. Otherwise, you are liable to pay us all the charges stated in the bill. Lakopitech will investigate any such dispute and provide a written response to you within 30 days from the day Lakopitech is notified of such a dispute. If the dispute is resolved in Lakopitech’s favour, you must pay Lakopitech the disputed amount and all costs incurred in recovering the amount. Lakopitech may charge interest on the outstanding amount at 1.5% per month from the date the outstanding amount was due and payable and calculated on a daily basis or at such other rates as we may prescribe from time to time. Alternatively, Lakopitech may charge the standard late payment fee as we may prescribe from time to time. If Lakopitech agrees there is a mistake in the bill, Lakopitech will adjust the next bill accordingly. If you have already paid a bill and subsequently choose to contest it, any such dispute must be raised in writing to Lakopitech not later than 1 year from the date of that bill.

2.5 Your responsibilities. For the avoidance of doubt, you are responsible for:

(a) the timely payment of all fees, without any counterclaim, deduction, set off or withholding whatsoever;

(b) ensuring and confirming that the credit card (or other payment method) that is being used is yours, or that you have been specifically authorized by the owner of the credit card (or other payment method) to use it;

(c) providing Lakopitech with a valid charge card or payment account details for payment of all fees, keeping Lakopitech up to date on any changes. Any change in payment methods may temporarily disrupt your access to the Site, Services and/or Apps, while Lakopitech verifies your new payment information; and

(d) complying with any terms and conditions and charges imposed by third party service providers in connection with payment gateway services they provide to facilitate your online payments.

2.6 No refund. All sales and purchases of Paid Content are final and are, unless otherwise expressly stated in each product description, non-refundable.

2.7 Prices subject to change. Prices for Paid Content may change at any time. Lakopitech does not provide price protection or refunds in the event of a price reduction or promotional offering. For the avoidance of doubt, Lakopitech reserves the right to, at any time, make any change, modification and/or variation to any of the goods, services and/or content (including but not limited to price(s), content bundles and content packaging) made available on the Site, Services or Apps. Any and all such changes, modifications and/or variations will be notified on an appropriate section on a part of the Site, Services or Apps as MPL may from time to time determine.

2.8 Paid Content disclaimer. Whilst Lakopitech will try and ensure that all details (including but not limited to product description, stock availability and pricing) which appear on the Site, Services or Apps are accurate, Lakopitech does not warrant the accuracy, completeness, reliability or currency of such details. Products sold and/or delivered may therefore differ from the product images presented on the Site, Service or Apps. Lakopitech reserves the right to correct any errors, inaccuracies or omissions in information and to change or update such information at any time without prior notice and without incurring any liability to you, regardless of whether you made any order or purchase based on such errors, inaccuracies, or omissions.

2.9 Additional disclaimer for third party Paid Content. Where you purchase any Paid Content made available by third parties (whether such Paid Content is made available via advertisements displayed on the Site, Services or Apps, or via sections of the Site, Services or Apps enabling the purchase of third party Paid Content), you expressly acknowledge and agree that the Site, Services or Apps acts as a venue only. Lakopitech is not involved nor responsible for:

(a) the correctness, accurateness, or truthfulness of any information that is made available or posted on the Site, Services, or Apps;

(b) the posting, provision, delivery of such information from Lakopitech to you; or

(c) the provision of the third party Paid Content.

Any dispute relating to third party Paid Content must be brought to the third party and not to Lakopitech.

3. ELIGIBILITY

3.1 Territory. Certain Sites, Services and/or Apps may only be made available in Singapore. Otherwise, the Site, Service and/or App may be accessed by you in any part of the world, provided that it is legal for you to do so in the territory that you are accessing the Site, Service, or App, from. You undertake and warrant that you are legally entitled and able to use the Site, Services, and/or Apps.

3.2 Notwithstanding the foregoing, neither the Site, nor any of the Services or Apps, are intended for persons resident in the European Union.

3.3 Eligibility of Lakopitech employees. Employees of Lakopitech and its affiliates, contractors, vendors, sponsors and advertisers, and each of their immediate family members and individuals living in the same households of each of these individuals, are eligible to use the Site, Services, and/or Apps. However, these individuals may not participate in any lucky draws and/or contests offered through the Site, Services, and/or Apps.

3.4 Age. Use of any Site, Services and/or Apps may be subject to specific age restrictions. Unless otherwise stated, if you are under the age of eighteen (18)_years old, you must obtain the permission and consent of your parent or legal guardian and agree to these General Terms and any applicable Specific Terms to use the Site, Services and/or Apps.

3.5 Lakopitech reserves the right, in its sole discretion, to determine whether any particular individual is eligible to use the Site, Services, and/or Apps, and to accept and/or reject any application for membership.

4. GRANT

4.1 Subject to these General Terms and any Specific Terms, Lakopitech grants you a non-exclusive, non-transferable, revocable right to use the Site, Services and Apps for your personal and non-commercial use only.

5. CONTENT AND INTELLECTUAL PROPERTY

5.1 Lakopitech Content. All of the:

(a) content (including without limitation all text, photographs, graphics, video and audio content) located on the Site, Services, and/or Apps);

(b) compilation(s) (meaning the collection, arrangement and assembly) of all content on the Site, Services and/or Apps; and

(c) software used on the Site, Services and/or Apps;

is the property of Lakopitech, its related companies, its content suppliers and/or its software suppliers, and protected by Singapore and international intellectual property laws (including without limitation copyright and trademark laws).

5.2 All rights in and to the foregoing are reserved by Lakopitech, its related companies, its content suppliers and/or its software suppliers, and save as expressly permitted herein, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, repost or in any way exploit any part of this Site, Services and/or Apps for any purpose.

5.3 Without limiting the foregoing provisions, you shall not make use of the content of the Site, Services and/or Apps in any manner that constitutes an infringement of Lakopitech’s, its related companies’, its content suppliers’, and/or its software suppliers’, rights (including copyright).

5.4 Trade marks. The names, trademarks, service marks and logos (the “Trade Marks”) displayed on the Site, Services and/or Apps are registered or unregistered Trade Marks of Lakopitech, its related companies, its content suppliers, and/or its software suppliers. Nothing on the Site, Services or the Apps should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trade Marks. Lakopitech prohibits use of the Trade Marks as a “hot” link or in-link to any Site or other site unless establishment of such a link is approved in advance by Lakopitech in writing.

5.5 User Submitted Content. Lakopitech or the relevant Lakopitech Group company may provide facilities on the Site, Services and/or Apps to permit you to submit materials, information, articles, photographs, text, graphics, video and/or audio content (“Your Information”) to Lakopitech or to the Site and/or Services directly. You are solely responsible for Your Information, and Lakopitech and/or the relevant Lakopitech Group company acts as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:

(a) Your Information (or any materials contained therein) shall not:

i. be false, fraudulent, inaccurate or misleading;

ii. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

iii. violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

iv. be defamatory, libellous, offensive, unlawfully threatening or unlawfully harassing;

v. be obscene or contain child pornography or anything adult in nature or harmful to minors;

vi. contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or

vii. create liability for any company in the Lakopitech Group or cause any company in the Lakopitech Group to lose (in whole or in part) the services of its ISPs or other suppliers.

(b) You may not submit any of Your Information if Your Information or the submission thereof could cause any company in the Lakopitech Group to violate any applicable law, statute, ordinance or regulation.

(c) You hereby grant the Lakopitech Group a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to use and to exercise the copyright and publicity rights you have in Your Information, in any media now known or not currently known, with respect to Your Information.

(d) You shall not assume a false identity or the identity of some other member when using the Site or transmit libellous, harassing, vulgar or otherwise objectionable messages through the Site; or post materials subject to copyright or other intellectual property rights claimed by any third party; or use the Site for any unlawful or illegal activities (including spamming the other users by sending unsolicited e-mails).

5.6 Feedback. Your Information may contain information that can, directly or indirectly, be used to improve the whole or part of any Site, Services, and/or Apps (“Feedback”). Feedback may include suggestions, comments, ideas, or survey responses. The Lakopitech Group shall be free to use, disclose, reproduce, or otherwise exploit all Feedback as it sees fit and without obligation or restriction of any kind to you. For the avoidance of doubt, you will not, through your provision of Feedback, acquire any rights or licenses in the Site, Services, and/or Apps.

5.7 Removal of Your Information. The Lakopitech Group shall have the right, but not the obligation, to monitor the content on the Site and/or Services, and shall have the right to remove or delete any material (including Your Information) that it, in its sole discretion, finds to be in violation of any applicable laws, codes, rules or regulations. The Lakopitech Group shall have the right to remove any material (including Your information) submitted to or posted on the Site and/or Services. Without limitation to the foregoing, The Lakopitech Group shall have the right to remove any material (including Your Information) that it, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable or inappropriate without having to assign any reason therefor.

5.8 Participation. You agree and acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities, including but not limited to third party sites, applications and/or facilities which may be linked to the Site, Services and/or Apps (collectively “Communities”) are public and not private communications, and that, therefore, others may read your communications without your knowledge. The Lakopitech Group does not control or endorse the content, messages or information found in any Community, and, therefore, it specifically disclaims any liability concerning the Communities and any actions resulting from your participation in any Community, including any objectionable content. Generally, any communication which you or any other person posts to the Site, Services or Apps (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by the Lakopitech Group as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, Services and/or Apps, you grant the Lakopitech Group the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.

5.9 Linked Content. The Site and/or Services may provide you with opportunities to link to, or otherwise use, sites and services offered through or by third-parties. Your use of these third-party services is subject to terms posted by the aforementioned third-parties. The Lakopitech Group has no control over any third-party site or service and it is not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to you. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement of such third party site or service.

6. USAGE RESTRICTIONS

6.1 Without prejudice to any restrictions set out elsewhere in the General Terms or any Specific Terms, the following restrictions shall apply to your use of the Site, Services, or Apps. You MUST NOT, and you must not ATTEMPT to:

(a) display, print, save, cache, copy, reproduce, change, alter, modify, or create any derivative work of, any or any part of the Site, Services, or Apps;

(b) communicate, distribute or make available for download in any way (including, without limitation, from or through any computer or server or network) any or any part of the Site, Services, or Apps;

(c) offer, sub-sell, lend, rent, lease, sub-license, or otherwise grant to any third party any right in respect of, or exploit in any way for personal or other gain, any or any part of the Site, Services, or Apps;

(d) hack, bypass or gain unauthorised access into any part of the Site, Services, or Apps;

(e) deeplink from any other website to, or frame on any other website, any or any part of the Site, Services, or Apps;

(f) use any device, software or routine to interfere or attempt to interfere with the proper working of; or interfere with any other user’s access or use of any part of; the Site, Services, or Apps; or impose any unreasonable or disproportionately large load on Lakopitech’s, its related companies’, and/or its service provider’s infrastructure;

(g) use any robot, spider, other automatic device, or manual process to monitor or copy any or any part of the Site, Services, or Apps;

(h) use any or any part of the Site, Services, or Apps for sending out unsolicited e-mails;

(i) assume a false identity or the identity of some other registered user to access or use any or any part of the Site, Services, or Apps; or

(j) use any or any part of the Site, Services, or Apps in any way that

i. will or could violate, or that will or could result in any company in the Lakopitech Group violating, any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising), or code of practice, direction, order, or guideline issued by any regulatory authority;

ii. cause any form of loss or damage to any company in the Lakopitech Group or any third party (including, without limitation, loss of reputation and goodwill);

iii. create any liability for any company in the Lakopitech Group; or

iv. cause any company in the Lakopitech Group to lose (in whole or in part) the services of any Internet or telecommunication service provider or any other supplier of products and/or services.

7. DISCLAIMERS

7.1 No warranty. The Site, Services and/or App are provided on an “AS IS WHERE IS” basis. No company in the Lakopitech Group makes any representation or warranty, express or implied (to the extent permitted by law):

(a) as to the use, security, accuracy, reliability, non-infringement, satisfactory quality or fitness for any particular purpose of the Site, Services and/or App; and

(b) that the use of the Site, Services and/or App will be uninterrupted and free of any viruses or bugs.

7.2 Advertising and related services. Where you subscribe for any services on the Site, Services and/or App, that relates to any advertisement or other similar services, whether as a potential seller or a potential buyer, you hereby expressly acknowledge and agree that the Site, Services and/or App acts as a venue only, and no Lakopitech Group company is involved or responsible for the correctness, accurateness or truthfulness of any information that is posted by other users of the Site, Services and/or App; or the posting, provision, delivery of such information to you.

7.3 Access. No Lakopitech Group company shall be responsible for any connection or access to the Site, Services, and/or Apps by you. You are responsible for providing your own communications equipment and subscribing to a communications service provider to access the Site, Services and/or Apps, as well as any charges (such as Internet access charges) thereon.

7.4 Security. Certain data transmissions between your computer and the Site, Services and/or App, are conducted through secure servers and protected by Secure Socket Layer (SSL) technology. Certain services further require you to register, use passwords and/or digital signatures. While the Lakopitech Group will use reasonable endeavours to provide reasonable precautions to protect any information or material that is confidential in nature, it does not guarantee that information transmitted through the internet is secure or that such transmissions will be free from delay, interruption, interception or error. Furthermore, although the Lakopitech Group intends to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to the Site, Services and/or App, Lakopitech does not guarantee or warrant that any Site, Services, App, or materials that may be downloaded from the Site, Services and/or App do not contain such destructive features. No Lakopitech Group company shall be liable for any damages or harm attributable to such features.

7.5 Third party conduct. You specifically acknowledge that no Lakopitech Group company is liable for the defamatory, offensive, or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.

7.6 LIMITATION OF LIABILITY. IN NO EVENT SHALL Lakopitech, ITS SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED COMPANIES, INCLUDING THE EMPLOYEES OF ALL OF THE FOREGOING, BE LIABLE TO YOU AND/OR TO ANY PARTY FOR ANY DAMAGES, EXPENSES, CLAIMS, COSTS OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, (OTHER THAN FOR DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM YOUR USE OF THE SITE, SERVICES AND/OR APP, CAUSED IN WHOLE BY Lakopitech’S NEGLIGENCE) ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE), YOUR USE OF OR INABILITY TO ACCESS OR USE THE SITE, SERVICES, APPS, USER ACCOUNT(S), PAID CONTENT, AND/OR THE CONTENT OF THE HYPERLINKS, INCLUDING BUT WITHOUT LIMITATIONS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES. ANY CLAIM AGAINST Lakopitech, ITS SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED COMPANIES, INCLUDING THE EMPLOYEES FO ALL OF THE FOREGOING, SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SITE, SERVICES, AND/OR APP.

8. PERSONAL DATA

8.1 Your personal data will be collected, used, disclosed and/or processed by the Lakopitech Group for the following purposes:

(a) for the Lakopitech Group or its designated representatives or business partners to provide goods and services to you or parties designated by you and matters ancillary thereto;

(b) to verify and process payment when you purchase goods and services from the Lakopitech Group;

(c) for verification and record of your personal particulars including comparing it with information from other sources and using the information to communicate with you;

(d) for research and analysis, including surveys and polls;

(e) for the Lakopitech Group or its designated representatives to conduct market research and analysis, and offer surveys to you, in relation to the Site, Services, and/or Apps;

(f) to send you notices, information, promotions and updates including marketing and advertising materials in relation to the Lakopitech Group’s goods and services and those of third party organizations selected by the Lakopitech Group; and

(g) to comply with any request from any third party or any order of court or directive from authorities investigating any alleged offence or misconduct or for the purposes of taking legal action against any you.

8.2 By using the Site and/or the Services and/or agreeing to these General Terms of Service, you:

(a) consent to the Lakopitech Group collecting, using, disclosing and/or processing your personal data for the purposes as described above; and/or

(b) consent to the Lakopitech Group transferring your personal data out of Singapore to any of the Lakopitech Group’s third party service providers or agents for the purposes as described above.

8.3 If you have any questions relating to the Lakopitech Group’s collection, use and disclosure of your personal data, please contact Lakopitech’s Data Protection Officer at dpo@Lakopitech.com.sg.

9. SUSPENSION AND TERMINATION

9.1 Any company in the Lakopitech Group may suspend and/or terminate your use of and/or access to all or part of any Site, Services, Apps, Paid Content, with or without notice to you, if in its sole discretion it determines that:

(a) you have breached the terms of these General Terms or any Specific Terms, or violated or acted inconsistently with the letter or spirit of these General Terms or any Specific Terms;

(b) you have violated the rights of or any third party;

(c) it reasonably suspects that you are using and/or allowing the Site, Services, or Apps to be used for illegal, improper and/or fraudulent purposes. In such event, you will also be referred to the relevant authorities without notice, and Lakopitech will comply with the directions or guidelines issued by these authorities without further reference to you;

(d) you become or threaten to become a bankrupt under the laws of any jurisdiction applicable to you;

(e) you pass away; or

(f) for any other reason whatsoever.

9.2 Any Lakopitech Group company may modify or discontinue the Site, Services, or Apps, with or without notice to you, and it will not be liable to you or any third party as a result of such modification or discontinuation.

10. INDEMNITIES

10.1 You agree to defend and hold Lakopitech, its affiliates and related companies from and against all claims, losses, damages, costs and expenses, including legal fees on an indemnity basis, arising out of your use of the Site and/or Services or any breach of this Agreement. In addition, Lakopitech may use whatever information that is available about you to stop any such breach or any unlawful or inappropriate use of the Site and/or Services, including informing any third party Lakopitech deems appropriate of such breach or use and/or disclosing your personal information to such third party.

11. GENERAL

11.1 Severability. If any of these terms is held to be invalid or unenforceable, such term shall be struck out and the remaining terms shall be enforced. Any failure to act by any Lakopitech Group company with respect to any breach by you or others of any of the provisions of these General Terms of Service or any Specific Terms of Service does not waive its right to act with respect to subsequent or similar breaches.

11.2 Electronic transactions. You hereby acknowledge and agree:

(a) that all electronic communications made pursuant to the use of this Site, or any Service and/or App, shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document;

(b) not to contest the legally binding nature, validity or enforceability of any transaction on the Site, or any Service and/or App on the ground that it was entered into electronically;

(c) to expressly waive any and all rights it may have to assert any such claims and shall comply with all relevant laws concerning electronic communications; and

(d) any and all transactions, including but not limited to the passing of risk and/or title to any and all products and/or goods purchased and/or transacted on the Site and/or any Service and/or App, shall be deemed and construed to be transacted, transferred and/or passed to you in the Republic of Singapore.

11.3 Governing laws and dispute resolution. These General Terms and Conditions and any Special Terms and Conditions shall be governed by the laws of the Republic of Singapore. Any dispute arising out of the use of the Site or any Services shall be referred to arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference into these terms and conditions.