Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Switch Platform, you agree to comply with and be bound by these Terms.
The Switch Platform is an online marketplace that enables registered users (“Members”) to browse for spaces, zones or booths (collectively the “Switch Spaces”) near their location and certain third parties who own or manage Switch Spaces (Third parties who own or manage Switch Spaces are “Space Owners”) to publish the availability of such Switch Spaces on the Switch Platform (“Switch Listings”). As the provider of the Switch Platform, the Company does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Space Listings. Space Owners alone are responsible for their Space Listings. When Members use Switch Spaces, they are entering into a contract directly with the Space Owners. The Company is not and does not become a party to any contractual relationship between the Member and Space Owners, nor is the Company a real estate broker.
In order to be able to access and use the Switch Platform or register for a Switch account, you must be an individual of at least 18 years old.
The Company uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Website, Application and Switch Spaces. The processing of payments or credits, as applicable, in connection with your use of the Website, Application and Switch Spaces will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Terms. The Company is not responsible for any errors by the Payment Processor.
You agree to be bound by and comply with any additional terms, conditions and policies of the Space Owners relating to the use of a specific Switch Space(s), including compliance with building security procedures, IT access and use procedures provided by the Space Owner (the “Venue Policies”). The Venue Policies may be provided in electronic format through the Application or Website.
You are responsible for all activity that occurs with respect to your Account, including, without limitation, use of the Website, Application, and/or Switch Spaces. Without limiting the foregoing, for any reservation made through your Switch Account, whether or not made by you, you hereby agree to be fully responsible and to indemnify the Company for any violation of this Terms or applicable laws, by-laws or regulations, even if such violation was caused by such other persons.
In order to be able to use the Switch Platform, you first need to register for an account, which you can do through the Switch Platform. Upon successful completion of your registration, you will be provided with a personal account (the “Switch Account”), accessible to you by a password of your choice. You agree to maintain accurate, complete and up-to-date information in your Switch Account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use Switch Platform.
You are responsible for maintaining the confidentiality and security of your Switch Account credentials and may not disclose your credentials to any third party. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Switch Account. You are liable for any and all activities conducted through your Switch Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
Use of Switch Spaces
You may use any available Switch Space by checking in at the entry area of such Switch Space using the Application. Upon a successful checking at a Switch Space, a legally binding agreement is formed between you and the Space Owner, subject to any rules and restrictions specified in the Space Listing. The Company will collect the Service Fees upon your successful checking out of the Switch Space via the Switch Application.
Representations and Warranties
By using the Switch Platform, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by these Terms. Your Switch Account and participation in using the Switch Platform is for your sole, personal use. You may not authorize others to use your Switch Account, and you may not assign or otherwise transfer your Switch Account and/or password to any other person or entity. When using the Switch Platform, you agree to comply with all applicable laws of the nation, the country, state, province and city in which you are present while using the Switch Platform.
You may only access the Switch Platform using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Application for your device. The Company reserves the right to terminate this Agreement should you be using the Application with an incompatible or unauthorized device.
By using the Switch Platform, you agree that:
- You will only use the Switch Platform in compliance with all applicable laws and regulations.
- You will not use the Switch Platform for any illegal, immoral or inappropriate purposes, including but not limited to drug use, alcohol abuse, gambling or prostitution, pornography, sexual activity, violent or threatening behaviour, or any other purpose reasonably likely to reflect negatively on the Company or any Space Owner.
- You will not smoke in the Switch Spaces.
- You will not light or allow any candles, incense sticks or naked flames in the Switch Spaces.
- You will not bring or keep any animals in the Switch Spaces, except for service or assistance animals, which shall at all times be harnessed, leashed, or tethered, or controlled through voice, signal, or other effective controls.
- You will not make excessive noise in the Switch Spaces, nor create any noise nor conduct any other activity which would in the Company’s or any Space Owner’s judgment disturb other Members, guests, or other tenants in any building containing a Switch Space.
- You will follow all additional regulations regarding the Switch Spaces, as may be communicated through the Switch Platform, posted signs, or otherwise.
- You will not use the Switch Platform for sending or storing any unlawful material or for fraudulent purposes.
- You will not install, remove or modify any fixtures, equipment, machinery or appliances in the Switch Spaces.
- You are responsible for leaving the Switch Spaces in a clean and tidy condition.
- Neither the Company nor any Space Owner is responsible for any property you bring into and/or may leave behind in a Switch Space. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving a Switch Space.
- You may be held liable (and do hereby authorize the Company to charge you) for the repair cost for all damage to the Switch Spaces and items therein resulting from your use thereof.
- You may be held liable (and do hereby authorize the Company to charge you) for any items which are taken from the Switch Spaces in connection with your use thereof.
- You will not use the Switch Platform to cause nuisance, harassment, annoyance or inconvenience.
- You will not impair the proper operation of any network you access while using the Switch Spaces.
- You will not try to harm the Switch Platform in any way whatsoever.
- You will not copy, modify, disassemble, decompile, reverse engineer or distribute the Switch Platform without written permission from the Company.
- You will only use your Switch Account password for the Switch Platform for your own use and will not resell or transfer it to a third party.
- You will keep secure and confidential your Switch Account password or any identification we provide you which allows access to the Switch Spaces. You will not allow any other person to access the Switch Spaces.
- You will provide the Company and/or the Space Owner with whatever proof of identity We/they may reasonably request.
- You will only use an access point or wireless internet connection which you are authorized to use while using the Switch Spaces. Additionally, when using the internet within the Switch Spaces, you shall only use it for lawful purposes, and without restricting the foregoing, you shall not use it for purposes of criminal acts, consumer fraud, etc.
- You will wear clothing appropriate to the building's situation while using the Switch Spaces.
- You hereby acknowledge that there is a capacity limit as to the number of persons permitted in a Switch Space at any given time, and that such limit shall be posted on the Switch Platform. You hereby agree to adhere to such capacity limit.
- You hereby consent to the use of cameras and/or sensors by the Company to monitor the movement of people within the Switch Spaces, which (without limitation) shall be used by the Company to optimize the Switch Spaces and for managing the use, security and safety of the Switch Spaces.
- You further acknowledge that your use of the Switch Spaces does not constitute the Company or the Space Owner granting you a lease or tenancy, but is rather a limited, revocable, non-exclusive, non-transferable contractual entitlement on these Terms. In its sole discretion and without limiting any of the Company’s other rights hereunder, the Company may restrict your access to the Switch Spaces at any time, without or without reason.
Fees and Charges
In addition to fees payable for the use of the Switch Services, we reserve the right to apply service and processing fees and other charges in order to provide our services, and you agree to pay:
- Service fees for the use of Switch Spaces, which will be displayed on the Switch Platform.
- Processing fees which may be charged for credit card transactions.
- Damage fees may be applicable in the event that Space Owners are required to repair damage to, or necessary cleaning of, Switch
Spaces resulting from your violation of these Terms or your use of the Switch Spaces in excess of normal “wear and tear.” In the event that the Company, in its reasonable discretion, determine that repair or cleaning is required, the Company reserves the right to charge the payment method designated in your Switch Account for the reasonable cost of such repair and/or cleaning. Any such amounts are non-refundable and at the reasonable discretion of the Company.
License Grant, Restrictions and Copyright Policy
Subject to your compliance with the terms and conditions of this Terms, Company grants you a limited, revocable, non-exclusive, non-transferable license to use the Switch Platform solely for your personal and non-commercial purposes. You have no right to sublicense or assign the license rights granted in this section.
You will not use, copy, adapt, modify, decompile, reverse engineer, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Switch Platform, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in these Terms or expressly agreed in writing by the Company.
Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on any mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms and Conditions. Company reserves all rights in and to the Application not expressly granted to you under this Terms.
Accessing and Downloading the Application from iTunes
The following applies to any App Store Sourced Application:
- You acknowledge and agree that (i) this Agreement is concluded between you and Company only, and not Apple, and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store Terms and Conditions, which you are responsible to review from time to time.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
- You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
- Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Switch Platform in any way; (ii) modify or make derivative works based upon the Switch Platform; (iii) create Internet "links" to, or "frame" or "mirror" the Switch Platform on any other server or wireless or Internet-based device; (iv) reverse engineer the Switch Platform, or access the Switch Platform in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Switch Platform, or (c) copy any ideas, features, functions or graphics of the Switch Platform, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Switch Platform.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights and material that could be considered as sexual or psychological harassment or of a discriminatory nature; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Switch Platform or the data contained therein; or (v) attempt to gain unauthorized access to the Switch Platform or its related systems or networks.
The Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that the Company has no obligation to monitor your access to or use of the Switch Platform, but has the right to do so for the purpose of operating the Switch Platform, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Member that the Company, at its sole discretion, considers to be harmful to the Switch Platform.
The Company respects copyright law and expects its Members to do the same. It is Company’s policy to terminate in appropriate circumstances Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Any fees which the Company may charge you for the use of the Switch Platform or Switch Spaces, will be as set out on the Switch Platform, are inclusive of any taxes payable, are due immediately at the end of each session and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, the Company's decision to terminate your usage, disruption caused to our Switch Platform either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing.
You do hereby agree that you shall be charged fees based on the length of time of your use of the Switch Spaces.
The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for the Switch Platform as we deem necessary for our business. We encourage you to check back at our Website periodically to find out about how we charge for the Website, Switch Spaces or Application.
Intellectual Property Ownership
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Switch Platform and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Switch Platform (collectively, “Feedback”). You are not required to provide any Feedback to the Company. To the extent you do provide any Feedback to the Company, you agree to assign and hereby do assign to the Company all right, title and interest in and to such Feedback and agree that the Company may freely utilize such Feedback without compensation to you. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Switch Platform, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Switch Platform are trademarks of the Company or third parties, and no right or license is granted to use them.
Third Party Interactions
During use of the Switch Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services through the Switch Platform. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, services or promotion between you and any such third party. The Company does not endorse any sites on the Internet that are linked through the Switch Platform, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party providers. The Company provides the Switch Platform to you pursuant to these Terms. You recognize, however, that certain third party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Switch Platform and other mechanisms to subsidize the Switch Platform. By agreeing to these terms and conditions you agree to receive such advertising and marketing. The Company may compile, release and disclose non-nominative information regarding you and your use of the Switch Platform as part of a customer profile or similar report or analysis, including, without limitation to third party service providers. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Switch Platform.
By entering into this Agreement and using the Switch Platform, you agree that you shall defend, indemnify and hold the Company, its licensors, and each of their parent organizations, subsidiaries, affiliates, officers, directors, Members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the Switch Platform, except in each case solely to the extent any of the foregoing arises directly from the gross negligence or wilful misconduct of the Company.
Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, SAFETY, ACCURACY OR COMPLETENESS OF THE SWITCH PLATFORM OR THE SWITCH SPACES. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SWITCH PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SWITCH PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF THE SWITCH SPACES, AS WELL AS ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SWITCH PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SWITCH PLATFORM WILL BE CORRECTED, OR (F) THE SWITCH PLATFORM OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SWITCH PLATFORM IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE WITH DESCRIPTION OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SWITCH SPACES, AS WELL AS ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SWITCH PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SWITCH PLATFORM, AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ADDITIONALLY, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OF ANY SWITCH SPACE FOR ANY PARTICULAR ACTIVITY NOR ANY ACTIVITIES THAT ARE CARRIED ON IN THE SWITCH SPACES, AND SHALL NOT BE LIABLE IN ANYWAY FOR SUCH ACTIVITIES.
THE COMPANY MAKES NO REPRESENTATION REGARDING THE WIFI ACCESSIBLE IN THE SWITCH SPACES, INCLUDING WITH REGARD TO ACCESS THERETO.
THE SWITCH PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES OF WHATSOEVER NATURE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY'S OR ITS LICENSORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) A SWITCH SPACE OR THE SWITCH PLATFORM EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR THE AMOUNT OF FIFTY SINGAPORE DOLLARS ($50), WHICHEVER IS GREATER. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SWITCH PLATFORM OR THE SWITCH SPACES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SWITCH PLATFORM, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON OR WITHIN THE SWITCH PLATFORM OR SWITCH SPACES. THE FOREGOING EXCLUSIONS SHALL APPLY EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SWITCH SPACES OFFERED VIA THE SWITCH PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. THE COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH SPACE OWNERS OR OTHER THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY, TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SWITCH PLATFORM OR SWITCH SPACES, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SWITCH PLATFORM OR SWITCH SPACES.
THE QUALITY OF THE BUILDINGS AND/OR LOCATIONS IN WHICH THE SWITCH SPACES ARE LOCATED ARE ENTIRELY THE RESPONSIBILITY OF THE SPACE OWNERS. YOU UNDERSTAND THAT BY USING THE SWITCH PLATFORM AND THE SWITCH SPACES, YOU MAY BE EXPOSED TO LOCATIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SWITCH PLATFORM AND THE SWITCH SPACES AT YOUR OWN RISK.
TO THE EXTENT APPLICABLE UNDER LOCAL LAW, NOTHING IN THIS AGREEMENT SHALL LIMIT THE COMPANY'S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY'S NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES, OR (B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
The Company may give notice by means of email to your email address on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending. You may give notice, and address any complaint or claim to the Company (such notice, complaint or claim shall be deemed given when received by the Company) at any time by means of email to email@example.com
This Agreement may not be assigned by you (whether in whole or in part) without the prior written approval of the Company. This Agreement may be assigned without your consent (in whole or in part) by the Company, including to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
Controlling Law and Jurisdiction
General - This Agreement and any action related thereto will be governed by the laws of the Republic of Singapore without regard to its conflict of laws provisions. Subject to the rest of this section, the exclusive jurisdiction and venue of any action in relation to this Agreement will be the courts located in the Republic of Singapore and each of the parties hereto waives any objection to jurisdiction and venue in such courts. However, in the event of the actual or threatened infringement, misappropriation or violation of Company’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, Company may, at its discretion, institute legal proceedings in any jurisdiction (s) which is (are) deemed necessary or advisable.
Time Limits – UNLESS OTHERWISE PROHIBITED BY LAW, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE WEBSITE, APPLICATION OR SWITCH SPACES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree that the Company, in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have with the Company or your use of Switch Platform at any time. The Company may also in its sole discretion and at any time discontinue providing access to the Switch Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Switch Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that the Company shall not be liable to you. These remedies are in addition to any other remedies Company may have at law or in equity.
You may terminate this Terms at any time by deleting the Application from your device, ceasing all use of the Switch Platform and requesting the Company to cancel your account via email sent to firstname.lastname@example.org.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of this Agreement or use of the Switch Platform. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. Nothing in this Agreement allows any party who is not a party to this Agreement to have any rights under this Agreement nor be able to enforce this Agreement.
This Agreement shall be governed by the laws of the Republic of Singapore. Any judicial proceedings must be brought in the courts of the Republic of Singapore.