TERMS OF SERVICE

 

 

 

  1. INTRODUCTION

1.1 Welcome to the 5 PTE LTD platform (the “Site). It is important for you to read carefully, acknowledge and adhere to the following Terms of Service before accessing this Site or opening a 5 PTE LTD account (“Account”) in order to safeguard your legal rights and define your obligations with respect to 5 PTE LTD and its collaborators and third party merchants and its agents (individually and collectively, “5 PTE LTD”, “we”, “us” or “our”). The “Services” we offer or make accessible include (a) the Site, (b) the services offered by the Site and (c) all content and Intellectual Property or other materials offer via the Site or its related services (“Content”). 

 

1.2 To become a User of the Site, you must read and adhere to all of the terms and conditions in, and associated to, these Terms of Service and you must agree to the processing of your personal data as described in the Privacy Policy linked hereto Privacy Policy

 

1.3 5 PTE LTD reserves the right to examine, suspend, change, amend and discontinue these terms, policies, conducts, operating agreements and procedures, notices, guidelines, recommendations and instructions at any time and you are considered to be inform of and oblige by any changes to the previously mentioned upon their disclosure on the Platform in its sole discretion and without notice or liability. 

 

1.4 5 PTE LTD reserves the right to reject your access to the Site or Services or to allow you to open an Account for any reason. 

 

BY USING 5 PTE LTD SERVICES OR OPENING AN ACCOUNT, YOU AGREE TO GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED LINKED HEREUNDER. 

 

YOUR AGREEMENT AND ACCEPTANCE TO THESE TERMS ARE REQUIRE FOR THE ACCESS AND USAGE OF OUR SERVICES OR THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR PROVIDING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST OBTAIN CONSENT FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST CONSENT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, DO NOT PROCEED TO CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR ASSISTANCE. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST AGREE AND ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU SHALL BE SOLELY RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, REGARDLESS SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER. 

 

  1. PRIVACY

 

2.1 Your privacy is of utmost importance to us at 5 PTE LTD. To safeguard your rights we have provided the 5 PTE LTD Privacy Policy to explain our privacy practices in detail. You should carefully read the Privacy Policy to understand how 5 PTE LTD collects and uses the information in relation to your Account and/or your use of the Services (the “User Information”). You acknowledge and agree that by using the Services or supplying information on the Site, you:

 

(a) hereby agree giving consent to 5 PTE LTD’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;

 

(b) hereby agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and 5 PTE LTD; and

 

(c) shall not under any circumstances, share or reveal your User Information to any third party, or otherwise allow any third party to access or use your User Information, without 5 PTE LTD’s  prior written consent.

 

2.2 Users that gain access of another User’s personal data via the use of the Services (the “Receiving Party”) hereby consent that, they shall (a) be in compliance with all applicable personal data protection laws with respect to any such data; (b) grant the User whose personal data the Receiving Party has obtained (the “Disclosing Party”) to remove his or her information so obtained from the Receiving Party’s database; and (c) grant the Disclosing Party the means to review what information have been disclosed about them by the Receiving Party, in relation to (b) and (c) above, in compliance with and where required by applicable laws. 

 

  1. LIMITED LICENSE

3.1 5 PTE LTD permits you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. The Intellectual property rights ownership (including, without limitation, all proprietary Content, copyrights, trademarks, patents, design rights, and all aspects of intellectual property rights existing in the world) of the Service and Site and all software used in relations with the Service and Site is the property of and are owned by 5 PTE LTD or licensed to 5 PTE LTD and where applicable, its collaborators or third party merchants recognized in the Site. Nothing in the Terms constitutes a transfer or a grant of a license or a right to the use of any intellectual property rights. Unless otherwise indicated on a particular part of the Service or Site, permission is granted to electronically copy and to print in hard copy portions of the Service or Site materials for the sole purpose of accessing the Service or Site and the services provided therein for personal use. Any other use of our Service and Site – including reproduction, modification, distribution, republishing, transmission, rent, sell, display, performance or producing plagiarized works of any portion of the Services, the Site or its Content – without the prior written permission of 5 PTE LTD is strictly prohibited. Further to this, you shall adhere to not using any form of programs (including Robot, Bot, Spider also known as Web crawler), or any automatic search engine or device or any form of process to replicate or surveil our Service, Site or Content, without 5 PTE LTD prior written permission. 

 

  1. SOFTWARE

Any form of software (Including, software applications, drivers or any computer programmes, all other design information, technical manuals, technical drawings or other data (all collectively known to as (“Software Materials”) provided to you as part of the Services is subject to the conditions of these Terms of Service. In addition, you acknowledge and accept that 5 PTE LTD reserves all rights to the software materials not specifically stated by 5 PTE LTD. You acknowledge and accept that all other materials obtain from third-party, associated to or reference from the Services or Site, are provided to you by the third parties that possess such materials, 5 PTE LTD is not involve in this activity. 

 

  1. SECURITY AND ACCOUNTS

5.1  To register for an Account, you have to create a user identification (“User ID”) and password, this process will require the you to disclose some of your personal data. 5 PTE LTD shall in its discretion reserve the right to remove, suspense or terminate any offensive, improper or non-compliant User ID. 5 PTE LTD does not restrict you in accessing other products, websites or services which is listed and/or in collaboration with us. You acknowledge and agree that 5 PTE LTD will not monitor nor review and shall not be held liable for any loss, cost, damage or expense suffered for any third party content, services, privacy policy, security issues, purpose, terms, policies, conducts, operating agreements and procedures, notices, guidelines, recommendations and instructions of those products, websites or services. You acknowledge and accept that the terms of service for those products, websites or services, not limiting to their own privacy policy, if different from 5 PTE LTD Terms of Service and Privacy Policy, shall apply to your use of those products, websites or services.

 

5.2 You agree to comply in (a) ensuring your password and User ID are kept strictly confidential, (b) ensuring you are accessing only into your own Account and using only your own User ID and password, (c) ensuring your account is promptly log out after each usage on the Site, (d) take immediate action in reporting to 5 PTE LTD if you suspect any illegal activities on your Account, User ID and/or password, and (e) ensuring your Account detail must be valid and accurate and must be kept current. To the fullest extent permitted by applicable laws, 5 PTE LTD will not be held liable for any damages of any kind arising out of or in connection with all events that took place under your Account and User ID and whether such events were committed by you or by Unauthorize Third Party (any person or entity).

 

5.3 You willingly agree (or, if you are a minor, your parent or legal guardian willingly agrees) that 5 PTE LTD reserves the right, in its sole discretion and immediately with or without notice or any legal liability to you or any third party, temporarily or permanently suspend, cancel or terminate your Account and User ID, takedown and remove from the Site any Content linked to your Account and User ID, stop all privileges and benefits provided to you, terminate all transactions linked to your Account and User ID and suspend all sales proceeds or refunds and reserves the right to exercise any other measures that 5 PTE LTD see as necessary. You hereby agree that the provisions into this agreement shall include, but are not limited to, actual or suspected (a) Acted in a manner inconsistent with applicable laws, regulations, ordinances, (b) Failed to pay any bill when due to 5 PTE LTD, (c) Acted in an inappropriate, fraudulent, abusive or hostile manner to other Users, third parties, or the business interest of 5 PTE LTD. (d) Breached or violated any of the Terms of Service or the Website Terms of Use, (e) creating and handling of multiple user accounts, (f) abusing the right to purchase products on the Site to conduct commercial re-sale, (g) suspicious transactions between Seller or multiple related Sellers (h) promotion abuse (including, but not limited to, selling and/or selling at exorbitant premium above the nominal value and/or suspicious usage of promotional privileges and/or benefits of sign-up credits, reward points, promotional codes or promotional vouchers to third parties on the Site). 

 

5.4 5 PTE LTD reserves the right, in its sole discretion and without notice to you referred to law enforcement authorities on an Account suspected and/or deemed to have contravene the law. 5 PTE LTD shall in its sole discretion, immediately and without notice terminate an Account facing any legal matters or law enforcement action for any reasons pertaining to their use of the Services.

 

5.5 Users may terminate their Account if they notify 5 PTE LTD in writing (including via email at [email protected]) of their intention to do so. Notwithstanding any such termination, Users remain oblige and liable for any outstanding and/or incomplete transaction (regardless before or after such termination), shipment of the product, payment for the product, or similar, and Users must notify 5 PTE LTD after he or she has promptly and effectively completed all outstanding and/or incomplete transactions in accordance to the Terms of Service. 5 PTE LTD shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users irrevocably waive any and all claims based on any such action taken by 5 PTE LTD. 

 

5.6 The Services and/or Account opening is available to any User who: (a) possesses the legal authority to agree to the Terms of Service; (b) resides in a jurisdiction which legally permits participation in the usage of the Services; (c) is not a resident of Cuba, Iran, North Korea, Syria, or the Crimea region of Ukraine; (d) provides valid and accurate personal information when enrolling in the use of the Services and/or opening of Account; (e) has not previously been terminated from the Services or have the Account terminated.

 

  1. TERM OF USE

6.1 You must agree and adhere to the Terms of Services as set out by 5 PTE LTD. 5 PTE LTD reserves the right to terminate the license that comes with the use of this Site and the Services with or without notice to you if you contravene any of the term or condition found in the Terms of Services. 

 

6.2 You agree not to: 

 

(a) replace, delete, remove or change the trade marks, logos, copyright notices, serial numbers, labels, tags or any other identifying marks, symbols or legends affixed to any Contents and/or Products in this Site and/or Services; 

 

(b) breach and/or violate any applicable laws and regulation, applicable third party rights, ordinances and our Terms of Services and Terms of Use; 

 

(c) use the Site and the Services to publish any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, or libelous or otherwise depicts inappropriate behaviour; 

 

(d) use the Site and the Services to publish Content containing any advertising or other commercial content; 

 

(e) use the Site and the Services for any unlawful conduct and activities; 

 

(f) use the Site and Services to violate the intellectual property rights or other rights, including, without limitation, any right of publicity, trademark, patent and/or copyright, of any other person or entity or any applicable laws 

 

(g) use the Site and Services to make, including, without limitation, false warranties, misrepresentations, false advertising or false agreements to any other person or entity or any applicable laws; 

 

(h) use the Site and Services to inflict harm and damages to Users of the Site and/or Services, Site, Services or networks connected to the Service and/or Site, or any entitlements and/or rights of any other User; 

 

(i) breach any policies or regulations, processes, procedures and conditions of the Site and/or Services. 

 

6.3  Please read carefully, you hereby understand and agree, any Content in whatsoever manner that you post, disseminate, upload, download or otherwise make accessible via the Site is your own choice and you are deemed accountable for it, and 5 PTE LTD is not liable. To the fullest extent permitted by applicable laws, 5 PTE LTD will not be held liable for any damages of any kind, including damages arising out of or in connection with your access to or use of or the inability on the provisions set forth in the aforementioned. This applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, costs, loss of data, income or profit, inability to use or access the Content, Site and/or Services, loss of opportunity, loss of or damage to property and claims of third parties.

 

6.4 You have read and accept that 5 PTE LTD and its assignees shall reserve the right (however under no obligation) in their discretion to terminate any Content, including but not limited to any Content, materials, data or information shared, distributed or posted by you, that is accessible on the Site and/or Service without any obligations to you. 5 PTE LTD endeavours to maintain and protect our Users, our Site and Services by enforcing these the provisions of these Terms and Conditions. You are deemed to have carefully assess, understand, acknowledge and accept all risks that is attached with the usage of any Content, including but not limited to the entirety, authenticity or  practicalityof such Content. In consideration of the abovementioned, you confirm and agree that you shall not and, to the fullest extent permitted by law, may not depend on any Content produced by 5 PTE LTD or permission granted to 5 PTE LTD to use, including but not limited to information in 5 PTE LTD channels and/or any other sections of the Services and/or Site. 

 

6.5 You have read, accept and consent to the collection, use and disclosure of your Personal Data, Account information and Content to all legal authorities, the legal rights owner, or any third parties when required to comply by law, in accordance to a court order or any legitimate request deemed applicable from legal authorities in any jurisdiction over 5 PTE LTD if required to do so by applicable law. 

 

 

  1. VIOLATION OF 5 PTE LTD TERMS OF SERVICE 

7.1 The following actions will be implemented immediately or at any time, under the circumstance when a User or Collaborators or Merchant breach 5 PTE LTD Terms of Service, including but not limited to any or all of the below stated: 

 

  1. Removal of listing from Site; 
  2. Suspending the activities of Account; 
  3. Termination of Account; 
  4. Suspending all benefits, privileges and/or subsidies offer; 
  5. Legal Action. For breach or repudiation of contract, or whether in tort, civil liability by way of negligence, gross negligence, strict liability, or otherwise, even if advised of the possibility of such damage. Nothing contained in this Terms of Service will limit 5 PTE LTD in the exercise of any legal or equitable rights or remedies; 
  6. Reporting to enforcement authority 

 

7.2 Please contact us at [email protected], if you suspect a User of committing wrongdoing on our site and breaching our Terms of Service. 

 

  1. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

8.1 The aforementioned, 5 PTE LTD will not condone the Intellectual Property Rights (IPRs) of any brands and/or other IPR owners to be infringe by any listings and/or Users on our Site.

 

8.2 Unless otherwise expressly provided, the Users are deemed as autonomous person or business and 5 PTE LTD shall not be held liable for any possible infringement acts associated with them on the Site, the Content and/or Services. 

 

8.3 Please inform us by writing to our email: [email protected], if you have reasons to believe your IPR(s) has been violated. We request for you to submit your evidences to support your case. 5 PTE LTD will response in accordance once the review has concluded. Any submission of complaints pertaining to this Section 8 must provide the following requirements to 5 PTE LTD, these may be review and updated from time to time. The following requirements includes but not limited:

 

(a) providing a clear account of the type and nature of IPR(s) and evidences to show the alleged infringement;

 

(b) details of the listing(s) and/or User(s) committing the alleged infringement act 

 

(c) valid contact details of the individual(s) filing the complaint to allow 5 PTE LTD to establish communication with

 

(d) a formal declaration by the individual(s) filing the complaint to state this is done in good faith and have reasonable basis to believe that the Owner or the law is unaware of the use of the IPR(s); 

 

(e) a formal declaration by the individual(s) on the credibility of the information provided to support the complaint. The individual(s) hereby agree to indemnify, defend and hold harmless 5 PTE LTD from and against any and all claims, lawsuits, demands, actions or other proceedings of any kind brought against it by any third party and from any and all damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred in connection with or arising from any such claim, lawsuit, action, demand or other proceeding relating to all matters in relation to the complaint.

 

8.4 Unless, require by the applicable legal authorities governing distribution rights (including but not limited to, selective, exclusive or non-exclusive) or price control related issues, 5 PTE LTD shall not interfere nor insist any enforcement actions to be taken in the event any disputes and/or violation of agreement happen between a manufacturer and the sellers. 

 

8.5 Seller are deemed to acknowledge and agree to indemnify, defend and hold harmless 5 PTE LTD and its Collaborators from and against any and all claims, lawsuits, demands, actions or other proceedings of any kind brought against it in connection with or arising from any such claim, lawsuit, action, demand or other proceeding relating to all matters in relation to the aforementioned IPR(s) Infringement, Contents, Listings or product listings matters. 

 

 

  1. PURCHASE AND PAYMENT 

9.1 5 PTE LTD support the following payment method in the respective countries it operates in: 

 

(i) Credit/Debit Card

Buyer must ensure the Card being use are valid and issued by a licensed financial institution acceptable to 5 PTE LTD.  All card payments are facilitated through third-party payment channels and the type of credit/debit cards accepted by these payment channels is in accordance to the jurisdiction you are in. 

 

9.2 Any changes to the preferred mode of payment for purchase shall take place prior to making payment. 

 

9.3 By agreeing to the Terms of Service, Buyer willingly agree to relinquish your right to seek any loss or damages from 5 PTE LTD in relation or connection to inaccurate shipping information and/or payment instruction provided by Buyer or unsuccessful remittance by Buyer relating to the payment for the purchased items. 5 PTE LTD in its sole discretion, reserves the right to reject, to process or to refuse acceptance of any transaction until findings are completed.

 

 

  1. 5 PTE LTD REWARD POINTS SYSTEM

10.1 Users who are Members (“Paid members of UNI5 Membership Program”) may earn Reward Points (“Uni5 Points”) through purchasing products on the Site or by participating in other 5 PTE LTD activities as 5 PTE LTD reserves the right from time to time define (“Eligible Activities”) in its discretion. Uni5 Points will be tabulated and Member will be updated through Member’s Account or email when a transaction is successfully completed or activity approved by 5 PTE LTD. Members are eligible to enter 5 PTE LTD reward point system if he/she is a legitimate Member and their Account does not prohibit their participation. 

 

10.2 Incomplete transactions and/or activities on the Site do not qualify for the Uni5 Points reward system. 5 PTE LTD reserves the right to review and exclude categories of products or activities from the Uni5 Points reward system. 

 

10.3 5 PTE LTD may, at any time, inform members of any specific Eligible Activities qualifying them to earn Uni5 Points. He/she is eligible for any reason, including, without limitation, pursuant to any applicable purchase make with 5 PTE LTD and/or specific promotional offers. 

 

  1. 5 PTE LTD VOUCHER

11.1 Users may from time to time receive a promotional voucher entitling them to make eligible purchases on the Site. The voucher is strictly non-refundable, may not be sold, bartered or transferred (other than by the 5 PTE LTD). 

 

  1. DELIVERY

12.1 5 Delivery of the Products shall be made to the address stated in your Order by 5 PTE LTD, (or its agents) on behalf of 5 PTE LTD. 

 

12.2 Delivery and packing charges shall be as set out in the Order. 

 

12.3 User may track the status of the delivery at the “Order Tracking” page of the Platform. 

 

12.4 You understand and agree that delivery of the Products is depending on the availability of the Products. 5 PTE LTD, (or its agents) will endeavour to deliver the Product to you within the delivery period shown on the relevant page on which the Product is listed, but you understand and agree that the product information on the Platform is updated on a regular basis, it is plausible that in some circumstances a Product may be non-available between updates. All delivery period allocated are estimates only and disruption to schedules may occur. If the delivery of your Product is delayed, 5 PTE LTD (or its agents) will update you via e-mail or mobile and your Product will be delivered immediately when it becomes available to 5 PTE LTD. The time for delivery is presumed not to be a critical part of performance of thecontract, and 5 PTE LTD nor any of its agents shall not be liable for any delay in delivery howsoever caused. 

 

12.5 The delivery fees (“Shipping Fee”) payable to the delivery company shall be borne by 5 PTE LTD and Buyer with the fees allocation determined by 5 PTE LTD and displayed on the Site at any time. 5 PTE LTD will upfront collect the Buyer’s share of the Shipping Fee from the Buyer and proceed to make payment for the total Shipping Fee to the designated delivery company.

 

 

  1. REFUND OF PAYMENT

13.1 5 PTE LTD shall process all refund payments via the original payment mechanism and only to the person who made the original payment. Refund shall be process within 60 days from the time payment was successfully completed. Buyer must agree to provide complete and accurate bank account details to us for the refunds to be made via bank transfer to the individual/s bank account. 

 

13.2 5 PTE LTD offer no guarantee of any nature for the timeliness of the refunds reaching your account. The refund payment process may take time and it’s subjected to the respective banks and/or payment provider internal processing timeline. 

 

13.3 All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by 5 PTE LTD. 

 

13.4 All refunds are conditional upon 5 PTE LTD acceptance of a valid return of the Product. 

 

13.5 5 PTE LTD reserve the right to modify the mechanism of processing refunds at any time without notice. 

 

 

  1. 5 PTE LTD AND COLLABORATOR’S RESPONSIBILITIES

14.1 5 PTE LTD and Collaborators shall in our best efforts make available a reliable description such as the product details, price, inventory value and terms and conditions for sales, but 5 PTE LTD nor Collaborators affirm that such description is completely faultless. 

 

14.2 5 PTE LTD reserves the right to adjust and determined the price of products for sale where it is deemed necessary. The total amount chargeable by 5 PTE LTD to Buyer consists of price of the item and shipping charges and all Listing Prices are subject to taxes, unless otherwise stated. 

 

14.3 Collaborators is aware and agrees that 5 PTE LTD shall at its discretion launch promotional activities and/or campaigns or marketing efforts of any kind, including but not limited to moderating and discounting fees to encourage transactions between 5 PTE LTD, Buyer and Collaborators. Buyer will pay for the adjusted price after all applicable factors has been applied.

 

14.4 5 PTE LTD shall issue payment, invoice, or credit card receipts upon Buyer request. 

 

14.5 Collaborators agree and adhere to any of 5 PTE LTD’s policies, failing to comply will result in a range of actions as explicitly define in Section 7.1. 

 

  1. DISPUTES

15.1 In the event that Buyer is unable to resolve any dispute with 5 PTE LTD directly through amicable negotiations, 5 PTE LTD reserves the right to suggest and implement an appropriate resolution at its sole discretion. 

 

15.2 Each Buyer and Collaborators covenants and abide to indemnify, defend and hold harmless 5 PTE LTD against any and all claims, lawsuits, demands, actions or other proceedings of any kind brought against it (with the exception where 5 PTE LTD or its Collaborators is the Seller of the product that the claims relate to) in relation to any of your warranties, transactions, representations or agreements made on the Site or any dispute related to such events.

 

15.3 Users and Members can forward their written request to 5 PTE LTD for assistance should a dispute occur due to the aforementioned events. 5 PTE LTD shall have no obligation and shall in no way whatsoever be held responsible to Collaborators and Buyer, while attempting to mediate the dispute. To understand and find out more, please refer to 5 PTE LTD’s Refund And Return Policy 

 

  1. DISCLAIMERS

16.1 5 PTE LTD shall not accept any and all responsibility or liability including but not limited to the accuracy, content, completeness, legality, reliability, or operability or availability of information, data or material shown in the Site. 5 PTE LTD shall not accept any liability including but not limited to the removal, storage failure, misdelivery, delivery exception, or untimely delivery of any information, data or material. 5 PTE LTD shall not accept any responsibility or liability including but not limited to any harm, distress or damage from downloading or using any information, data or material on the Internet via the Site. Unless otherwise provided, all information shared is accurate at the time of posting and remain the property of 5 PTE LTD.

 

16.2 Unless expressly stated by applicable mandatory law, you acknowledge and agree that any and all risk caused by the use of the Site and/or the Services remains with you and shall continue to be valid and enforceable to the fullest extent permitted by law.

 

16.3 5 PTE LTD OFFER NO GUARANTEE OF ANY NATURE OVER AND, TO THE EXTEND ANY PROVISION IN THE TERMS OF SERVICE FOR 5 PTE LTD, TERMS OF USE, TERMS AND CONDITIONS, PRIVACY POLICY, (SOCIAL MEDIA POLICY) AND INCLUDING BUT NOT LIMITED TO ANY OTHER TERMS OF USE AS MAY BE AGREED TO OR ACCEPTED BY THE USER AND THIRD PARTY THAT IS INVALID, UNENFORCEABLE OR ILLEGAL SHALL BE ENFORCED AS NEARLY AS POSSIBLE IN ACCORDANCE WITH ITS TERMS, BUT SHALL OTHERWISE BE DEEMED SEVERED AND SHALL NOT AFFECT THE ENFORCEABILITY OF ANY OTHER CLAUSES, WHICH CLAUSES SHALL CONTINUE TO BE VALID AND ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

 

  1. FEEDBACK

17.1 5 PTE LTD endeavours to make available a comprehensive and reliable platform for our Users. 5 PTE LTD welcomes information and feedback from our Users which will allow 5 PTE LTD to enhance the quality of service provided. The feedback procedure below will apply: 

 

(i) Feedback made in writing through email at: [email protected]

 

(ii) Anonymous or unsubstantiated feedback will not be accepted.

 

(iii) The feedback process provides the affected Users the access to all facts and Users shall be presented the opportunity to put forward their case.

 

(iv) Any forms of ambiguous and libellous feedback will be rejected.

 

 

  1. EXCLUSIONS AND LIMITATIONS OF LIABILITY

18.1 YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS 5 PTE LTD FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DEMANDS, ACTIONS OR OTHER PROCEEDINGS OF ANY KIND BROUGHT AGAINST IT BY ANY THIRD PARTY AND FROM ANY AND ALL DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS AWARDED AGAINST OR OTHERWISE INCURRED BY 5 PTE LTD IN CONNECTION WITH OR ARISING FROM ANY SUCH CLAIM, LAWSUIT, ACTION, DEMAND OR OTHER PROCEEDING: (A) RELATING TO OR ARISING OUT OF ANY BREACH OR ALLEGED BREACH OF ANY OF YOUR WARRANTIES, REPRESENTATIONS OR AGREEMENTS HEREUNDER, (B) VIOLATION OF THESE TERMS OF SERVICE AND/OR OTHER CONDITIONS AFOREMENTIONED, or (C) VIOLATION OF ANY APPLICABLE LAW(S), REGULATIONS(S) OR THIRD PARTY RIGHTS. 

 

18.2 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, 5 PTE LTD IS DEEMED BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMIITED BY APPLICABLE LAW, 5 PTE LTD LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF SG $100 (ONE HUNDRED SINGAPORE DOLLARS).

 

  1. INDEMNITY

19.1 YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS 5 PTE LTD, AND ITS DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, MERCHANTS, AND EMPLOYEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DEMANDS, ACTIONS OR OTHER PROCEEDINGS OF ANY KIND BROUGHT AGAINST IT BY ANY THIRD PARTY AND FROM ANY AND ALL DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS AWARDED AGAINST OR OTHERWISE INCURRED BY 5 PTE LTD IN CONNECTION WITH OR ARISING FROM ANY SUCH CLAIM, LAWSUIT, ACTION, DEMAND OR OTHER PROCEEDING: (A) RELATING TO OR ARISING OUT OF ANY BREACH OR ALLEGED BREACH OF ANY OF YOUR WARRANTIES, REPRESENTATIONS OR AGREEMENTS HEREUNDER, (B) VIOLATION OF THESE TERMS OF SERVICE AND/OR OTHER CONDITIONS AFOREMENTIONED, or (C) VIOLATION OF ANY APPLICABLE LAW(S), REGULATIONS(S) OR THIRD PARTY RIGHTS.

 

 

  1. GOVERNING LAW AND JURISDICTION

20.1 These Terms of Service and any non-contractual obligations arising out of or in connection with these Terms of Service, shall be governed by, and construed in accordance with, the laws of Singapore. The Courts of Singapore shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms of Service and any matter arising therefrom. Henceforth, the parties knowingly, voluntarily and intentionally waive to the fullest extent permitted by law any rights they may have to commence proceedings in any other forum, court or tribunal for such claims, disputes or differences concerning these Terms of Service. 

 

20.2 Legal Dispute. In the event any legal disputes arise, the decision of 5 PTE LTD will remain conclusive. 

 

  1. GENERAL PROVISIONS

21.1 5 PTE LTD reserves all rights expressly granted herein. 

 

21.2 5 PTE LTD reserves the right to review and amend these Terms of Service at any time and you are considered to be inform of and oblige by any changes to the previously mentioned upon their disclosure on this Site.

 

21.3 You do not possess the right to transfer, assign or sub-license any rights granted to you as may be prescribed by 5 PTE LTD and must not be used other than strictly in accordance with such Terms of Service or all other binding terms. 

 

21.4 You agree that nothing in these Terms of Service shall grant you the right of approval or claim to a partnership, joint-venture or principal-agent relationship between you and 5 PTE LTD, nor grant you the right or approval to incur any costs or liabilities on 5 PTE LTD’s behalf. 

 

21.5 Only 5 PTE LTD’s Users, 5 PTE LTD and 5 PTE LTD’s Collaborators (and respective successors and assigns) are entitle to these Terms of Service.

 

21.6 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including but not limited to the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and deemed that you have and shall have in place all policies and procedures required to ensure compliance with such requirements.

 

21.7 Please direct your questions or concerns (if any), regarding to these Terms of Service or any matters stated in these Terms of Service or on the Site to us at: [email protected]

 

Last Updated: 01 August 2021

 

 

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