Please read these Terms and Conditions (collectively with Psymetric Sdn. Bhd. (“Psymetric”) “Privacy Policy”) fully and carefully before using Psymetric Web Platform (“Platform”) and the services, features, contents or applications (“Services”) whether from the website or mobile applications offered by Psymetric.

     (“we”, “us” or “our). Our third-party vendors, partners, or providers shall be described as (“Provider”) and the expert advisory panel consists of members from whom Psymetric may obtain technical guidance, support, and expertise within a particular subject as (“Panel Members”). These Terms and Conditions set forth the legally binding terms and conditions for your use of the Psymetric Web Platform and the Services. 

Psymetric was established to offer various psychological-related support services such as Human Resources management, psychological screening, market research as well as training and development. Trainings and psychological screening are handled by experienced and globally certified professional experts. 

General

By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Platform, you agree to these Terms and Conditions and all other operating rules, policies and procedures that may be published from time to time on the Platform by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. 

Certain Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms and Conditions by this reference. 

These Terms and Conditions apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise. 

These Terms and Conditions are legally binding agreement between Psymetric, in respect of the use of your Account and you (as Psymetric customer). By using your account, you agree to be bound by these Terms and Conditions.

Under normal circumstances, Psymetric will make all reasonable efforts to ensure that the platform is operating and functioning in reasonably good condition, but Psymetric cannot guarantee that an agent or third party will be able to provide services to you at all times due to circumstances beyond Psymetric’s and/or their control. For example, network failure, electrical failure, riot, war, flood, climatic and/or other conditions or circumstances which are beyond Psymetric’s and/or the agent’s control.

1. ELIGIBILITY 

You represent and warrant that you are at least 18 years of age. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. 

2. REGISTRATION 

To sign up for the Services, you must sign up for an account on the Services (an “Account”).  You must provide accurate and complete information and keep your Account information updated. You shall not:  

       i.          select or use as a username a name of another person with the intent to impersonate that person; or

      ii.          use as a username a name subject to any rights of a person other than you without appropriate authorization; or 

    iii.   use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. 

3. CONTENT 

Definitions.  

For purposes of these Terms and Conditions, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below). 

User Content.  

All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transferred, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access through the Services will continue to be accurate. 

Notices and Restrictions. 

The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. 

Use License. 

Subject to these Terms and Conditions, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right. 

License Grant.  

By submitting User Content through the Services, you hereby do and shall grant us a  worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the  Platform, the Services and our (successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Platform or the Services (and derivative works thereof) in any media formats and through any media channels (including,  without limitation, third party Platforms and feeds), and including after the termination of your  Account or the Services. You also hereby do and shall grant each usage of the Platform and/or the Services a non-exclusive, perpetual license to access your User Content through the Platform and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after the termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing.

You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. 

Availability of Content.  

We do not guarantee that any Content will be made available on the Platform or through the Services. We reserve the right to, but do not have any obligation to: 

 i.                remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all; and 

ii.                 to remove or block any Content from the Services. 

Corporate and Individual User. 

Corporate and Individual User may purchase the Domestic Worker Mental Health Screening for his/her employee(s). The User Admin is only eligible to view the brief employee’s Pekerja Migrant Indonesia (“PMI”/”IDMW”) E-Screening test result. Should the Corporate User Admin wish to view the detailed report of the employee’s PMI/IDMW E-Screening Test result, he/she shall have to obtain the consent of the said employee(s). The detailed result of the PMI/IDMW E-Screening Test can be obtained from our certified consultants by sending us an email to [email protected]

Employees taking the PMI/IDMW E-Screening Test purchased by his/her employer hereby agree that the brief result of the PMI/IDMW E-Screening Test shall be disclosed to his/her employer.

Summary of Analysis. 

The PMI/IDMW E-Screening Test is not a substitute for a diagnostic psychological evaluation.  The result of the PMI/IDMW E-Screening Test is automatically generated. The result shown shall be a brief summary of the psychological analysis and shall not be used as an official diagnosis. 

IF THE USER WISHES TO HAVE A MORE DETAILED REPORT, THE USER MAY CONTACT OUR CERTIFIED PANEL OF CONSULTANTS AT [email protected]

4. RULES OF CONDUCT 

As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the Services. 

You shall not (and shall not permit any third party to) either: 

(a) take any action; or 

(b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that: 

·       infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; 

·       you know is false, misleading, untruthful or inaccurate; 

·       is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion; 

·       constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); 

·       contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; 

·       impersonates any person or entity, including any of our employees or representatives; or 

·       includes anyone’s identification documents or sensitive financial information.

·       You shall not:  

                      i.          take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure; 

                       ii.        interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; 

                      iii.        bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); 

                     iv.        run any form of auto-responder or “spam” on the Services; or 

                       v.        use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Platform; 

                     vi.        harvest or scrape any Content from the Services; or 

                    vii.        otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly):  

       i.          decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; 

      ii.          modify, translate, or otherwise create derivative works of any part of the Services; or 

    iii.          copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. 

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: 

       i.          satisfy any applicable law, regulation, legal process or governmental request; 

      ii.          enforce these Terms and Conditions, including investigation of potential violations hereof; 

     iii.          detect, prevent, or otherwise address fraud, security or technical issues;

    iv.          respond to user support requests, or 

     v.          protect the rights, property or safety of us, our users and the public.

5. THIRD PARTY SERVICES 

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such website or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. 

6. PAYMENTS & BILLINGS 

Paid Services. 

Certain Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement. 

Billing.  

We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms and Conditions. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”).  You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. 

Payment Method.  

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive any payment from you, you agree to pay all amounts due on your Billing Account upon demand. 

Current Information Required.  

You must provide CURRENT, COMPLETE AND ACCURATE INFORMATION for your Billing Account. You must promptly update all information to your Billing Account CURRENT, COMPLETE AND ACCURATE (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is cancelled (e.g. for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made at your account management page. If you fail to provide any of the foregoing information, you agree that we may continue charging you for  any use of Paid Services under your Billing Account unless you have terminated your Paid  Services as set forth above. 

7. TERMINATION. 

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Platform or through the Services.  Any fees paid hereunder are non-refundable. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

8. TERMS OF SALE 

By purchasing any Services, including Offers, Deals, Discounts, Promotions, Offering, Product or participating in other available programs via the Platform, you agree to the Terms of Use, including, without limitation, the Terms of Sale specified below: 

General.  

Descriptions of Services, Offers, Activities, and Products advertised on the Platform are provided by the Provider or other referenced third parties. Psymetric is also not responsible for any claims associated with the description of the Provider Offerings, Services, or Products. The package related to Provider Offerings, Products, Services, and other programs on the Platform may change at any time at Psymetric’s sole discretion without notice. 

A Provider may advertise goods, services, or experiences on the Platform, or with respect to Products, Services, or Offerings, supply items/services/activities to Psymetric, that require Provider to have an up-to-date regulatory authorization, license, or certification. Psymetric does not verify, validate, or collect evidence of any regulatory authorization, license, or certification from any Provider. You should make whatever investigation you deem necessary and appropriate before purchase of any Service, Product, or Offerings. Providers are solely responsible for the Services, Products, or Offerings being provided or the care and quality of those items. 

In the event that any Service, Product, or Offerings is cancelled/terminated by the Provider within 24 hours from your payment, Psymetric shall only be obliged to notify you on the cancellation through email/notice on the Platform or its related electronic applications. Psymetric shall also refund the allocation, pass or booking in particular of the Service, Product or Offerings to your Account within seven (7) days from the cancellation/termination of the particular Service, Product or Offerings. No monetary refund shall be issued towards you on the cancellation/termination of the particular Service, Product or Offerings. 

Warranty Disclaimer. 

We have no special relationship or fiduciary duty with/to you. You acknowledge that We have no duty to take any action regarding:

• which users gain access to the Services; 

• what Content you access via the Services; or 

• how you may interpret or use the Content. 

You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. 

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:  

  i.     THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; 

   ii.   ANY DEFECTS OR ERRORS WILL BE CORRECTED; 

 iii.  ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF  VIRUSES OR OTHER HARMFUL COMPONENTS; OR 

 iv. THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.  

9. INDEMNIFICATION 

You shall defend, indemnify, and hold harmless, our affiliates and each of our and their  respective employees, contractors, directors, suppliers and representatives from all liabilities,  claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your  use or misuse of, or access to, the Services, Content, or otherwise from your User Content,  violation of these Terms and Conditions, or infringement by you, or any third party using your  Account or identity in the Services, of any intellectual property or other right of any person or  entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences. 

10. LIMITATION OF LIABILITY 

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, PANEL MEMBERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES: 

(i)   For any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising), or 

(ii)      For any bugs, viruses, trojan horses, or the like (regardless of the source of origination). 

To the maximum extent permissible by applicable law, Psymetric, Panel Members of the company and Third-Party Provider disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. There is no warranty that any information or service provided or referenced by this Platform is either accurate, that such information or service will fulfil any of your particular purposes or needs, or that such information or service does not infringe on any third-party rights. Except for any express warranties stated on this Platform, if any, the information and services provided or referenced on this Platform are provided “as is”, “as available”, and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort are with the user.

While Psymetric may use reasonable efforts to include accurate and up-to-date information on the Platform, Psymetric makes no warranties or representations as to its accuracy, timeliness or completeness. Psymetric may periodically add, change or improve any of the information, products, services, programs and technology described on the App and Platform with notice. Psymetric assumes no liability or responsibility for any errors or omissions in the content of the Platform.

Your use of the Platform is at your own risk. To the maximum extent allowed by law, neither Psymetric nor any other parties including Panel Members, Third Party provider involved in creating, producing or delivering the Platform is liable for any direct, indirect, incidental, consequential or punitive damages, whatsoever caused, arising out of your access to, use of, or reliance on the Platform, even if Psymetric has been advised of the possibility of such damages. For example, Psymetric, its Panel Members and Third-Party provider assume no responsibility for and will not be liable for any damages to or any viruses which may affect your mobile equipment or computer or other property on account of your access to, use of, or downloading from, the Platform.

Psymetric, it’s Panel Members and Third-Party provider are not responsible for the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Psymetricy’s services provided by other users of Psymetric’s services or by Psymetric’s partners. You agree to comply with any Terms and Conditions in relation to any third-party content and services on the Platform services.

Psymetric is not liable to you for any losses, including any indirect or consequential losses, you suffer or costs you incur because (i) you are unable to access or use your Account for any reason or there is a delay in its use; and (ii) there is a failure to provide any service caused by any third-party service providers including merchants, Service Provider and software providers, unless such losses or costs are the sole results of Psymetrics gross negligence, fraudulent act or wilful default.

Psymetric is not liable to you for the delay in performing, or failure to perform, any of Psymetric’s obligations under these Terms and Conditions, if such delay or failure results from events, circumstances or causes beyond Psymetric’s reasonable control, including suspending or revocation of Psymetric’s or its partners’. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

11. ARBITRATION CLAUSE & CLASS ACTION WAIVER 

Arbitration.  

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH  DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH  US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF  SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR  PUBLICITY, WILL BE RESOLVED BY BINDING, AS STATED UNDER THE MALAYSIAN  ARBITRATION ACT 2005 (REVISED 2011); PROVIDED, HOWEVER, THAT TO THE  EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE  OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER  APPROPRIATE RELIEF IN UNDER THE JURISDICTION OF HIGH COURT OF MALAYA,  SABAH & SARAWAK ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND  OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE  IN ARBITRATION. As an alternative, you may bring your claim in the Malaysian “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the MALAYSIAN ARBITRATION ACT 2005 (REVISED 2011);. In the event the Kuala Lumpur Regional Centre Arbitration is unwilling or unable to set a hearing date within ninety (90) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Kuala Lumpur Regional Centre Arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms and Conditions must be filed within one (1) year after such claim of action arose or be forever banned. 

Severability.  

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Governing Law and Jurisdiction.  

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia, including Sabah & Sarawak. You agree that any dispute arising from or relating to the subject matter of these Terms and Conditions shall be governed by the exclusive jurisdiction of High Court of Malaya. 

12. MODIFICATION 

We reserve the right, in our sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Platform or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Services following notification of any changes to these Terms and Conditions constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms and Conditions in effect at the time of such use. 

13. MISCELLANEOUS 

Entire Agreement and Severability.  

These Terms and Conditions are the entire agreement between you and us with respect to the Services, including use of the Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder 

Force Majeure.  

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. 

Assignment.  

These Terms and Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. 

Agency.  

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.

Notices.  

Unless otherwise specified in these Term and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected]  

No Waiver.  

Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. 

Headings.  

The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation. 

Effective Date of Terms and Conditions: 28/7/2025