2. Account Registration
3. Rights and Restrictions
4. Technical Requirements and Consents
5. Assistance and Contacting Us
6. Contents on Our App
7. Subscription and payment
8. Services from our Content Creators
9. Hyperlinks, Security and Risks
10. Disclaimers and Limitations
12. Confidentiality and Privacy
14. Jurisdiction and Miscellaneous
1.1 The terms of this user agreement (“Terms”) govern your access and use of our mobile application and its programs, software, services, content and information (collectively, our “App”). If you do not accept any of these Terms, please do not download or use our App. Your access and/or use of our App shall be deemed to be an acceptance of these Terms.
1.2 In these Terms, “we”, “us” and “our” refers to Tigerhall Pte Ltd (“Tigerhall”), a company incorporated under the laws of Singapore. “You” and “your” refers to any person who (a) has registered for an account on our App; and/or (b) accesses or uses our App without registering for an account.
1.3 We may revise these Terms at any time without notice to you. The revised Terms will take effect when notified to you.
1.4 We may modify or discontinue any information or features that form part of our App at any time, without notice to you, and without liability. We may also, in our discretion, cease to operate our App at any time, but will give you advance notice of such intention.
1.5 These Terms apply to any updates or upgrades provided by us that replace and/or supplement any part of our App, unless such updates or upgrades are accompanied by separate terms in which case those separate terms shall apply.
1.6 Our App may contain guidelines and instructions on your use of our App. You agree to comply with these guidelines and instructions, which are incorporated by reference into these Terms.
2. ACCOUNT REGISTRATION
2.1 You are required to apply and register for an account with us before you are entitled to access and/or use certain features of our App.
2.2 You represent and warrant that:
a. all registration information provided by you is true, accurate, current and complete to the best of your knowledge and belief;
b. you will promptly update any changes to your registration details; and
c. you are at least eighteen (18) years of age and have the requisite mental and legal capacity in accordance with the applicable laws of Singapore to enter into these Terms and use our App.
2.3 We reserve the right to reject your application for, suspend your use of, or terminate your account.
2.4 When registering for an account, you may be required to provide us with personal information (such as your name, email address, credit card details etc.) in accordance with instructions given through our App. You represent and warrant that all information that you provide to us is accurate, true and complete. We may, if required or in accordance with applicable laws, check and verify the information you have provided to us. You agree to cooperate and extend to us any assistance that we may require for such checks and verifications.
2.5 Upon successful registration of your account, you, as the account holder:
a. agree to keep your sign in details (including the name, email address, and/or social media account used to sign in) and password confidential; and
b. shall notify us immediately if you have any reason to believe that the security of your account has been compromised.
2.6 Your account is personal to you and you may not share your account with any other person. As the account holder, you are solely responsible for any and all activities which occur under or in connection with your account. We are entitled to treat all activities that occur under or in connection with your account as having been conducted with your knowledge and authority. Where you have (in breach of these Terms) allowed any other person to use your account, or have negligently or otherwise made your password and/or sign in details available to any other person, you agree that you are fully responsible for:
a. controlling such person(s)’ access to and use of our App; and
b. such person(s)’ conduct, actions and use of our App, including any purchases or subscriptions made.
2.7 You acknowledge and agree that we may access your account and its contents as necessary for purposes including but not limited to identifying or resolving technical problems or responding to complaints without prior notice to you.
3. RIGHTS AND RESTRICTIONS
3.1 We reserve the right to monitor the access and/or use of our App by any person and have the sole discretion to refuse access and/or use of our App by any person at any time without having to give any reason or any prior notice. Your access to and/or use of our App may also be interrupted, suspended or restricted when we provide any maintenance, support or other services in relation to our App.
3.2 Your access and/or use of our App is subject to your compliance with these Terms. With respect to the programs and software in our App, including our mobile application, you are granted, a limited, royalty-free, non-exclusive, personal, revocable and non-transferable, licence and right to use them for your own personal, non-commercial purposes. Our programs and software are licensed, not sold, to you, and you may only use them as permitted by these Terms. This licence does not transfer any title in our App to you. We retain all rights in our App and reserve all rights not expressly granted to you. You will not, and will not permit, any other party to reproduce, copy, modify, create derivative works from, reverse engineer, disassemble, decompile, or otherwise attempt to derive any source code, sell, offer for sale, use (except as authorised by us), assign, sub-license or otherwise exploit our App.
3.3 Our App includes content (including articles, e-books, podcasts, audio, video, and other forms of media) that you may access through our App. Certain content may only be accessible if you have an active paid subscription with us. With respect to our content, you are granted a limited, non-exclusive, non-transferrable right to only access and view the content for your personal and non-commercial use. The rights granted to you in respect of our content do not transfer any title in our content to you. We retain all rights in our content and reserve all rights not expressly granted to you. You will not, and will not permit any other party to:
a. simultaneously use and access our content across multiple devices;
b. use our content for public performances; or
c. translate, download, reproduce, copy, publish, distribute, modify, display, perform, archive, broadcast, create derivative works from, sell, offer for sale, use (except as authorised by us), license or otherwise exploit our content.
3.4 You will not, and will not permit any other party to:
a. use our App or its contents in connection with any defamatory, obscene, threatening, malicious or otherwise objectionable purpose or material, or any other purpose or material in violation of any statute, rule or regulation in any jurisdiction to which you are subject;
b. use our App or its contents in any way that violates or infringes the right of a third party, including, without limitation, contractual, moral, or privacy rights;
c. interfere or attempt to interfere with our App including, “flooding” of networks, deliberate attempts to overload a service, attempts to “crash” us and taking any action that imposes an unreasonable or disproportionately large load on the our App or the associated infrastructure;
d. circumvent, or attempt to circumvent, user authentication or security measures (“cracking”) of our App or any of the accounts any person, including, accessing data and/or information not intended for you, logging into an account you are not expressly authorised to access or in a manner which is not authorised by us;
e. use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine”, “crawl” or in any way gather our App and its contents or reproduce or circumvent the navigational structure or presentation of our App;
f. violate any applicable laws, rules or regulations in connection with your access or use of our App or its contents;
g. develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with our App; or
h. remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in our App or its contents.
3.5 Our App and its contents and all proprietary and intellectual property rights associated therewith, whether registered or not, are protected by law and owned by or licensed to us. You acknowledge that you have no right, title, or interest in and to our App or its contents, and you agree not to challenge the validity of our ownership of or our rights to our App or its contents.
4. TECHNICAL REQUIREMENTS AND CONSENTS
4.1 You acknowledge and agree that the quality and functioning of our App on your mobile device is dependent on your mobile device, its operating system, and factors such as your geographical location and internet connectivity. You are solely responsible for obtaining a suitable mobile device installed with a compatible operating system, and the necessary connectivity services and/or equipment to access and use our App.
4.2 To enable us to provide the App to you, you consent to:
a. receiving electronic communications (including through push-notifications on your mobile device) associated with your use of our App.
c. us collecting and using your device’s technical data and associated information, to facilitate the provision and improvement of our App, software updates and product support.
4.3 You represent and warrant that you will:
a. provide us with all necessary information as may be required by us in order to provide you with products, services, and functions through our App;
b. comply with all applicable laws and regulations with respect to your activities in connection with our App; and
c. comply with all applicable security or encryption standards, rules, procedures and guidelines.
5. ASSISTANCE AND CONTACTING US
5.1 We have no obligation to provide any maintenance, support or other services in relation to our App, including providing any telephone assistance, documentation, error corrections, updates, upgrades, bug fixes, patches, and/or enhancements. However, if we do provide any updates, upgrade, bug fixes and/or patches, and/or enhancements in respect of our App, you shall install them and keep your installation of our App updated to the most recent release or version made available by us.
5.2 Notwithstanding and without prejudice to Clause 5.1, you may contact us at [email protected] for customer support or more information about us or our App. We will use reasonable efforts to address your queries, but do not warrant that your queries will be responded to within any time frame and/or satisfactorily answered.
6. CONTENTS ON OUR APP
6.1 The contents of our App include articles, e-books, podcasts, audio, video, and other forms of media. The content available on our App may vary according to your geographic location and we may change such content from time to time, including by removing existing content or introducing new content.
6.2 THE CONTENTS OF OUR APP DO NOT PROVIDE OR PURPORT TO PROVIDE ANY PROFESSIONAL ADVICE, AND IS NOT TO BE RELIED UPON AS PROFESSIONAL ADVICE. WE DO NOT WARRANT OR REPRESENT THE TRUTH, ACCURACY, OR EFFECTIVENESS OF OUR CONTENT, OR THAT RELIANCE ON OUR CONTENT WILL LEAD TO ANY PARTICULAR RESULT, GOAL, OUTCOME, ACHIEVEMENT, OR OBJECTIVE. YOUR ACCESS TO AND USE OF THE CONTENTS OF OUR APP IS VOLUNTARY AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM ALL LIABILITY AND YOU ARE SOLELY RESPONSIBLE FOR:
a. YOUR RELIANCE ON SUCH CONTENT; AND
b. ANY LIABILITY, LOSS OR DAMAGE THAT YOU MAY INCUR THROUGH USE OF OR RELIANCE ON SUCH CONTENTS.
6.3 You may contact us with a request to remove content on our App if you have reasonable grounds to believe that the content:
a. is defamatory, obscene, threatening, malicious, incites hatred or contains any other objectionable material;
b. infringes intellectual property rights or any other proprietary rights or was posted in breach of confidentiality obligations; or
c. is illegal.
You shall provide us with the necessary information and documentation we require for us to assess whether your objections are valid. If we are convinced that your objections are valid, we will take steps to remove the content. You represent and warrant that all information provided in connection with such request by you shall be true, accurate and complete.
7. SUBSCRIPTION AND PAYMENT
7.1 Certain features and content on our App are only available if you have an active paid subscription with us. Information on our current paid subscription plans, the subscription fees, and the content that may be accessible with such plans, may be found in our App. We may change these plans and fees from time to time. The changes will take effect when notified to you through our App; provided that if you have an active paid subscription, any changes in our subscription fees will only take effect from your next billing cycle.
7.2 You are required to pay the subscription fees corresponding to your selected subscription plan, in accordance with the payment method and process that you have selected on our App. All subscription fees are billed and payable in advance.
7.3 You are required to provide us with valid payment details (e.g. credit card information) corresponding to your selected payment method. Upon provision of your payment details, you authorise us to charge the fees for your selected subscription plan to you. Any taxes or transaction fees arising in connection with your select payment method shall be borne by you, and may be charged together with the subscription fees.
7.4 Your subscription commences only when we receive payment of the applicable subscription fees. Your subscription will renew automatically, at intervals corresponding to your selected subscription plan, until your subscription is cancelled. You will be billed for the applicable subscription fees according to such intervals.
7.5 You may cancel your subscription at any time via our App. Upon cancellation, your subscription will continue until the end of the subscription period for which we have received your payment.
7.6 We may at any time terminate or suspend your subscription if we have not received payment of the applicable subscription fees. We may also terminate your subscription in accordance with Clause 13 below. In the event that we terminate your subscription without cause, you may seek from us a refund of your subscription fees, pro-rated with respect to the fees paid and the remaining period of subscription. Except as provided above, to the maximum extent permitted by applicable law, all subscription fees paid are non-refundable.
8. SERVICES FROM OUR CONTENT CREATORS
8.1 Our App may provide functionalities and services to allow you to obtain information about, and/or interact with, our content creators and procure their services, including e.g. events or mentoring services. Our content creators are independent of us and are not our employees or agents, and any services that they may provide to you are provided in their personal capacity.
8.2 For certain services provided by our content creators, we may, as a payment intermediary and agent for our content creators, collect payment from you for and on their behalf, through our App (and in accordance with such instructions presented on our App). Such payment facilitated by us for and on behalf of our content creators will in each case constitute payment by you to our content creators for the relevant service you have procured. Notwithstanding that we may operate as a payment intermediary between you and our content creators, our content creators are independent of and not related to us. Your procurement of services from our content creators is subject to separate terms as may be agreed between you and such content creators. WE DO NOT ENDORSE THE SERVICES FROM OUR CONTENT CREATORS, AND ARE NOT RESPONSIBLE AND DISCLAIM ALL LIABILITY FOR THEIR ACTS OR OMISSIONS, AND ANY DEALINGS BETWEEN YOU AND THEM, WHETHER OR NOT SUCH DEALINGS (OR PAYMENT FOR SUCH DEALINGS) HAVE BEEN FACILITATED OR CONDUCTED ON OR THROUGH OUR APP.
8.3 Where we are a payment intermediary for our content creators and the services you procure from them, you agree that:
a. if the services are cancelled after you have made payment, you may request for a return of your payment (less any applicable deductions for administrative and cancellation fees). If you cancel the services with less than three (3) working days’ notice, prior to the scheduled date for performance of the services, our content creators may impose a cancellation fee of up to fifty percent (50%) of the applicable service fees, which will be deducted from your payment; and
b. we will release your payment for the services to the relevant content creator after a period of [X] working days (“Dispute Period”) from when we are notified that the services have been performed. If there is a dispute between you and the content creator with respect to the services and we receive notification of a dispute within the Dispute Period, we will suspend release of the payment until resolution of such dispute. We are not responsible for and do not adjudicate disputes that may arise between you and any content creator with respect to such services. We deem a dispute to be resolved and will release payment when (a) you and the content creator reach agreement on how the payment is to be released; or (b) the dispute is resolved in accordance with an order from a court, tribunal, or authority of competent jurisdiction, following which we will release the payment in line with such agreement or order, after deductions for any applicable costs or fees.
8.4 We may place advertisements such as banners, java applets and/or such other materials for the purposes of advertising product and/or services (“Advertisements”) in different locations on our App and at different points during your use of our App. These locations and points may change from time to time. You will not be entitled to receive any payment, fee and/or commission in respect of the Advertisements. Nothing in our App shall be construed as our endorsement of any third party’s products or services.
10. DISCLAIMERS AND LIMITATIONS
10.1 OUR APP, INCLUDING ITS CONTENTS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, WE MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY IN RELATION TO OUR APP (INCLUDING ITS CONTENTS),
a. REGARDING TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS, ACCESSIBILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUANTITY OF CONTENT, FREQUENCY OF UPDATES, OPERATION, EFFECTIVENESS, OR USEFULNESS;
b. THAT IT WILL BE CONTINUOUSLY AVAILABLE OR UNINTERRUPTED IN OPERATION;
c. THAT IT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY;
d. THAT IT WILL BE ERROR-FREE, UNHACKABLE, UNCOMPROMISABLE AND/OR FREE OF ANY DATA BREACH OR UNAUTHORISED ACCESS (INADVERTENTLY OR INTENTIONALLY THROUGH INTERFERENCE OR INTERCEPTION BY THIRD PARTIES);
e. THAT IT WILL BE FREE OF INFECTION BY VIRUSES, BUGS, TROJANS, MALWARE, OR OTHER HARMFUL CODES, SOFTWARE, OR COMPONENTS OF BUGS.
f. THAT IT WILL OPERATE OR FUNCTION PROPERLY ON YOUR DEVICES OR OPERATING SYSTEMS, OR WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICES OR OPERATING SYSTEMS; OR
10.2 WE WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, EXPENSE OR COSTS:
a. THAT YOU MAY INCUR AS A RESULT OF YOUR USING OR RELYING ON ANY DATA, CONCLUSION, STATEMENT, OPINION, REPRESENTATION OR INFORMATION ON OUR APP;
b. THAT YOU MAY INCUR AS A RESULT OF YOUR DEALING WITH A THIRD PARTY SERVICE PROVIDER (INCLUDING OUR CONTENT CREATORS) THROUGH OR IN CONNECTION WITH OUR APP;
c. RESULTING FROM ANY DELAY IN OPERATION OR TRANSMISSION, COMMUNICATION FAILURE, INTERNET ACCESS DIFFICULTIES OR MALFUNCTION OF EQUIPMENT OR SOFTWARE;
d. ARISING OUT OF OR IN CONNECTION WITH ANY UNAUTHORISED ACCESS TO YOUR ACCOUNT ON OUR APP;
10.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
a. WE WILL NOT BE LIABLE, IN ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF DATA, BUSINESS, PROFITS OR GOODWILL, LOSS OF USE, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF WE ARE AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM YOUR USE OF, ACCESS TO OR RELIANCE ON OUR APP AND ITS CONTENTS.
b. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR ISSUES WITH OUR APP AND ITS CONTENTS, OR ANY BREACH OF THESE TERMS BY US, SHALL BE TO UNINSTALL AND STOP USING OUR APP. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, WE ARE LIABLE TO YOU, OUR AGGREGATE LIABILITY TO YOU, REGARDLESS OF THE CAUSE OF ACTION, SHALL NOT, IN ANY EVENT OR FOR ANY REASON, EXCEED THE SUBSCRIPTION FEES PAID BY YOU TO US IN THE [SIX (6)] MONTH PERIOD PRECEDING THE INCIDENT GIVING RISE TO YOUR CLAIM AGAINST US.
11.1 You agree to indemnify us and our directors, officers, shareholders, employees, agents, sub-contractors and licensors (collectively the “Indemnified Persons”) in respect of any and all claims, losses, damages, expenses (including legal costs on a full indemnity basis), or liabilities (whether criminal or civil) and costs of settlement suffered or incurred by the Indemnified Persons or asserted against them in respect of:
a. any unauthorised access and use of our App by you;
b. any breach of these Terms by you;
c. our reliance on information, data or records provided by you in connection with your use of our App;
d. any dispute between you and a third party service provider (including our content creators) or another user of our App; and/or
e. the occurrence of any event due to your act, omission or default which comprises the security or integrity of our App or its contents.
12. CONFIDENTIALITY AND PRIVACY
12.1 You shall, at all times, keep confidential all information provided by us or on our behalf that is marked or is by its nature confidential or proprietary (“Confidential Information”). You shall not disclose or permit to be disclosed the Confidential Information to any third party without our prior written consent. These obligations of confidentiality do not apply to information that is publicly available, already in your possession without confidentiality restrictions or required to be disclosed by order of a court or the relevant governmental authorities.
13.1 We reserve the right to terminate your access to and/or use of our App, your account on our App, your subscriptions, and/or any licence or right that we grant to you, and without liability to you:
a. without cause, by providing you with fourteen (14) days prior notice; or
b. immediately without prior notice, if:
i. you are in breach or will be in breach of these Terms, and if the breach is remediable you have not remedied the breach to our satisfaction and within such time that we may reasonably stipulate;
ii. you have used or are using our App for any illegal or impermissible purpose or activity including any activity which may expose or potentially expose us to civil or criminal liability;
iii. we deem fit to do so for security reasons, or to protect our interests, the interests of our content creators, or the interests of other users of our App;
iv. we determine that your account is inactive; and/or
v. we are required to do so in compliance with any applicable law, or regulation, or we are ordered to do so by any enforcement, regulatory or other governmental authority.
14. JURISDICTION AND MISCELLANEOUS
14.1 Use of our App and these Terms are governed by the laws of Singapore, without reference to conflicts of laws rules.
14.2 Any dispute, claim, controversy or difference arising out of or in connection with these Terms or the use of our App, including on validity, breach or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC then in force, which rules are deemed to be incorporated by reference in this Clause. The language of the arbitration shall be English. The seat of the arbitration shall be Singapore. The arbitration tribunal shall consist of one (1) arbitrator. Notwithstanding the foregoing, parties shall be entitled to seek urgent temporary injunctive or other equitable relief whenever the facts or circumstances would permit a party to seek equitable relief.
14.3 We are not liable for any loss, damage or penalty resulting from delays or failures in performance if the delay or failure results from events beyond our reasonable control (a “Force Majeure Event”). Force Majeure Events shall include, but are not limited to, acts of God, war, hostility, invasion, act of foreign enemies, rebellion, revolution, riots, civil war, disturbances, requisitioning or other acts of civil or military authority, laws, regulations, acts or orders of any governmental authority, body, agency or official, fires, inclement weather, rain or floods (however caused), strikes, lock-outs or other labour disputes, epidemics, outbreaks, embargoes, breakdown of equipment, plant or machinery (including, but not limited to, data centre, telecommunications systems and utility services) or other catastrophe.
14.4 If any provision in these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. These Terms constitute the entire agreement between us in relation to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or representations. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Other than the Indemnified Persons, a person who is not a party to this these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce these Terms. You may not transfer or assign any of your contractual rights or obligations without our prior written consent. We may, by notice in writing to you, transfer or assign or novate any of our contractual rights and obligations.